What traffic offenses are punishable by imprisonment?

Consequences that can lead to imprisonment in the context of a traffic accident

Lawyou — Wednesday, 24 de february de 2021

In this post we will talk about the factors that can lead me to prison in the context of a traffic accident. An activity as everyday as driving a vehicle, can have consequences as undesirable as going to prison.

While most of the time when we break a traffic rule we will only receive a fine, there are certain offenses that could land us in jail. Since March 2019, the number of situations outside the law that can result in jail time has increased.

Which traffic offenses are those that can carry a prison sentence?.

  • Speeding: The maximum speed allowed in urban areas is 60 km/h while in interurban roads it is 80 km/h. Exceeding the speeds in your vehicle may involve a penalty between three and six months in deprivation of liberty.
  • Driving under the influence of alcohol and/or drugs: Blood alcohol is measured by means of a spirometry test. If this test shows an index higher than 0.60 mg/l, we will be exposed to spend from three to six months in jail. In the case of drugs, there are no minimums, but the simple fact of driving under their effect is a crime punishable by imprisonment.
  • Refusal to go through a control of an agent of the authority: the Civil Guard has, among many others, the function of carrying out controls to drivers. Refusal to submit to tests to check the rates of alcohol and presence of drugs can lead to imprisonment of six months to one year.
  • Rash driving: Whether or not it specifically endangers the life or integrity of other persons: six months to five years imprisonment. We have to say that the crime of speeding and under the influence of alcohol and drugs is considered manifestly reckless driving.
  • Driving without a driver’s license: because you do not have one, or it is expired or without points, can lead to between six months and two years in prison.
  • Abandon an accident that we have caused by driving: by recklessness or accidentally, with death or injury, is a crime punishable by three to four years imprisonment.
  • Driving in a manner that puts the public at risk: This is the most subjective offense of all, since there is no clear and precise limit between actions that put other people at risk and those that do not. If it is determined that the driving involved a real danger to others it will be before the offense that can carry between six months and two years in prison.

Prison is not the only penalty that can be applied to these infractions and offenses, but there are also fines, community service, or vehicle impoundment, as well as driving prohibition for up to ten years.

Do you need legal advice?.

  1. The partners of Lawyou, specialists in crimes against road safety, will be able to answer any questions you may have.
  2. LAWYOU lawyers will help you
  3. At LAWYOU we have lawyers with many years of experience who can help you or give you more information about the currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our email info@lawyoulegal. com or, if you prefer, you can also call us at 611 48 89 90.
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