At Soler Martín Abogados, we have a team of lawyers specialized in the defense of crimes against road safety, which include behaviors that put at risk not only the life and physical integrity of people, but also public order and safety on the roads. Traffic offenses can carry very serious penalties, including prison sentences, heavy fines and the withdrawal of driving licenses. Therefore, it is essential to have a solid legal defense that protects your rights and minimizes the possible consequences.
What are road safety offenses?
Offenses against road safety are behaviors typified in the Spanish Penal Code that threaten road safety and order on public roads. These offenses go beyond administrative sanctions, as they represent a real danger to the lives of other road users.
The most common road safety offenses include:
- Driving under the influence of alcohol or drugs: Exceeding the established blood alcohol limits or driving under the influence of narcotics is one of the most common and serious offenses, with penalties that may include imprisonment.
- Speeding: Driving at a speed much higher than the speed limit can lead not only to financial penalties, but also to imprisonment if the lives of others are endangered.
- Reckless driving: Performing dangerous maneuvers or driving in a negligent manner that may endanger other road users is punishable by severe penalties.
- Refusal to submit to breathalyzer or drug tests: Refusal to take these tests when required by traffic officers is a crime in itself, punishable under the Penal Code.
- Driving without a license: Driving without a driver's license or with a withdrawn license is an offense that also carries criminal penalties.
Legal consequences of crimes against road safety
Penalties for road safety offenses can vary depending on the seriousness of the offense, the circumstances of the case and the potential damage caused. Some of the most common penalties include:
- Prison: Depending on the offense, prison sentences can vary between 3 months and 5 years, especially in cases of reckless driving or driving under the influence of alcohol or drugs when damage has been caused to third parties.
- Financial penalties: In addition to custodial penalties, many traffic offenses include financial penalties that may be proportionate to the seriousness of the offense.
- Withdrawal of driving license: In many cases, the offender may be disqualified from driving for a period of time ranging from 1 to 10 years, depending on the seriousness of the offense.
- Community service: Instead of imprisonment, community service may be imposed in some cases as an alternative to imprisonment.
Defense strategies in road safety offenses
At Soler Martín Abogados, we design personalized defense strategies for each case of road safety offenses, based on the specific circumstances of the case and the nature of the offense committed. Some of the most common strategies include:
- Challenging the validity of evidence: In many cases, it is possible to challenge evidence presented by the prosecution, such as the results of breathalyzer or drug tests, if it is shown that they were not conducted correctly or if the defendant's rights were violated.
- Proving lack of criminal intent: In cases of negligent or reckless driving, the defense can argue that the defendant did not intend to endanger the lives of others, which may mitigate the severity of the penalties.
- Negotiate plea bargains: In many cases, it is possible to reach an agreement with the prosecution to reduce sentences or avoid jail time, especially if the defendant has no criminal record and shows willingness to undergo rehabilitation or driver's education programs.
- Claiming necessity or urgency: In some cases of speeding or reckless driving, it is possible to argue that the conduct was motivated by a situation of urgency or necessity, which may mitigate the penalties imposed.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we have extensive experience in the defense of crimes against road safety. We know that facing a criminal charge for traffic offenses can be a distressing experience, with serious legal and personal consequences. Our team of criminal defense lawyers is committed to providing a technical and effective defense, focused on protecting the rights of our clients and minimizing the legal consequences they may face.
We are dedicated to analyzing each case individually, offering personalized advice and defense strategies tailored to the specific circumstances of the crime. We work to challenge the evidence presented by the prosecution and always seek the best possible solution, either through negotiation with the prosecution or through a strong defense at trial.
Conclusion
Road safety offenses can have very serious consequences, both legally and personally. If you are facing such an accusation, it is essential to have a qualified criminal defense to help you protect your rights and minimize penalties. At Soler Martín Abogados, we are prepared to provide you with the legal advice and representation you need. Contact us today for a consultation.
