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Specialized Traffic Offense Lawyers in Girona
If you are facing traffic offense charges in Girona, having a team of expert lawyers is essential to ensure an effective defense and minimize legal consequences. We are specialized traffic offense lawyers, providing personalized advice in cases of DUI, driving without a license, refusal to submit to testing, reckless driving, and other road safety-related offenses.
Areas of Specialized Criminal Defense
Traffic Offenses
If you are facing traffic offense charges in Girona, having a team of expert lawyers is essential to ensure an effective defense and minimize legal consequences. We are specialized traffic offense lawyers, providing personalized advice in cases of DUI, driving without a license, refusal to submit to testing, reckless driving, and other road safety-related offenses.
Why Choose Us?
At our firm, we offer criminal defense built on professionalism, accessibility, and success. Here are some of the reasons clients trust us to handle cases of great complexity and importance:
Specialization in Criminal Law
We are a law firm with strong expertise in criminal law, allowing us to provide expert and effective defense across all types of criminal cases. With years of experience in criminal defense, we have handled a wide range of cases, from economic and tax crimes to more sensitive cases such as gender-based violence, cybercrimes, traffic offenses, and property crimes. Our lawyers have an in-depth knowledge of Spanish criminal law, which enables us to stay one step ahead in defense strategy. Our proven track record has allowed us to win complex cases and achieve the best possible outcomes for our clients.
What Are Traffic Offenses?
Traffic offenses are serious infractions outlined in the Spanish Criminal Code that can result in severe penalties, such as substantial fines, suspension of driving licenses, community service, and even prison sentences. These offenses endanger road safety and carry significant legal consequences. The most common types of traffic offenses include:
- Driving Under the Influence (DUI): Operating a vehicle with a blood alcohol content above the legal limit or under the influence of drugs.
- Reckless Driving: Endangering others by speeding, dangerous maneuvers, or violating traffic rules.
- Driving Without a License: Operating a vehicle without having obtained a valid license or while the license is suspended or revoked.
- Refusal to Undergo Testing: Refusing to submit to breathalyzer or drug tests when required by law enforcement.
- Traffic Accidents Resulting in Injury or Death: Causing harm or fatalities through negligence or recklessness while driving.
Driving Under the Influence of Alcohol or Drugs (Article 379 of the Criminal Code):
Article 379 of the Criminal Code stipulates:
- Anyone who drives a motor vehicle or moped at more than 60 km/h over the speed limit in an urban area or 80 km/h over the limit on an interurban road will be punished with either a prison sentence of 3 to 6 months, a fine of 6 to 12 months, or community service of 31 to 90 days. In any case, they will also face license suspension for a period of 1 to 4 years.
- The same penalties apply to anyone driving a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcohol. Specifically, a driver will be convicted under these penalties if they have an alcohol level in exhaled breath above 0.60 mg/l or a blood alcohol level above 1.2 g/l.
Thus, driving with a breath alcohol level over 0.60 mg/l or a blood alcohol level over 1.2 g/l is considered a criminal offense. The penalties are as follows:
- Prison sentence of 3 to 6 months
- Fine of 6 to 12 months
- Community service of up to 90 days
In all cases, these penalties are accompanied by a license suspension for 1 to 4 years.
Reckless or Negligent Driving (Article 380 of the Criminal Code)
Article 380 of the Criminal Code establishes that:
- Anyone who drives a motor vehicle or moped in a reckless manner that puts the lives or physical integrity of others at serious risk is punishable by 6 months to 2 years in prison and license suspension for 1 to 6 years.
- For the purposes of this article, driving is considered “manifestly reckless” if it involves the circumstances outlined in the first paragraph and the second point of the previous article.
Driving with disregard for human life or safety may lead to:
- Prison sentence of 6 months to 2 years
- License suspension for 1 to 6 years
In cases involving accidents that result in serious injury or death, the penalties can increase significantly.
Excessive Speeding (Article 379.1 of the Criminal Code)
According to Article 379.1 of the Criminal Code:
Anyone who drives a motor vehicle or moped more than 60 km/h over the speed limit in urban areas or 80 km/h over the limit on interurban roads may face:
- Prison sentence of 3 to 6 months
- Fines of 6 to 12 months
- Community service for up to 90 days
- License suspension for 1 to 4 years
Exceeding these speed limits is considered a criminal offense with serious consequences.
Driving Without a License or with a Revoked License (Article 384 of the Criminal Code)
Article 384 states:
Anyone driving a motor vehicle or moped after losing their license due to depletion of legally assigned points or after a judicial suspension or revocation of the license faces:
- Prison sentence of 3 to 6 months
- Fines of 12 to 24 months
- Community service of 31 to 90 days
Driving without ever having obtained a license or following a judicial suspension carries the same penalties.
Refusal to take breathalyzer or drug tests (Article 383 of the Criminal Code)
Article 383 stipulates:
A driver who, when required by a law enforcement officer, refuses to submit to legally established tests to measure blood alcohol or the presence of drugs, is considered to have committed serious disobedience. The penalties for refusal include:
- Prison sentence of 6 months to 1 year
- License suspension for 1 to 4 years
These offenses carry significant legal consequences, making it essential to have expert legal defense to mitigate penalties and protect your rights.
How to defend against traffic offenses
Defending against a traffic offense is a complex process that requires a solid legal strategy tailored to the circumstances of each case. Although traffic offenses carry severe penalties under the Spanish Criminal Code, there are several defense strategies that may help reduce or dismiss these penalties. Here are some of the most common strategies for defending traffic offenses:
Driving Under the Influence of Alcohol or Drugs (Article 379 of the Criminal Code)
Defense Strategies:
- Challenging Alcohol or Drug Test Results: If there were technical errors in the calibration of breathalyzers, issues with the chain of custody, or if timing between tests was not properly followed, the validity of the test can be questioned, potentially reducing penalties.
- Medical or Psychiatric Conditions: If it can be proven that the accused was affected by a medical or psychiatric condition at the time, this may serve as an extenuating circumstance or even grounds for exoneration.
- Not Driving the Vehicle at the Time: In some cases, it can be argued that the accused was not driving the vehicle at the time of the incident, thus disputing responsibility.
Reckless Driving (Article 380 of the Criminal Code)
Defense Strategies:
- Lack of Real Danger to Life or Physical Integrity: The defense can argue that, despite the apparent seriousness of the behavior, there was no real or direct danger to the safety of others. This could help reclassify the offense or reduce it to an administrative violation.
- External or Involuntary Conditions: It may be argued that the reckless driving was due to external factors, such as poor road conditions, an unexpected mechanical issue, or an emergency situation that forced the driver to act in a seemingly reckless way without intent.
- Not Driving the Vehicle at the Time: It may also be argued that the accused was not driving at the time of the control or incident.
Significant Speeding (Article 379.1 of the Criminal Code)
Defense Strategies:
- Errors in Speed Measurement: Speed measurement devices like radars can present technical errors or be improperly calibrated. The measurement must be performed following established protocols and under proper conditions.
- Justified Speeding: In some cases, speeding may be justified by an emergency situation, such as transporting a passenger with serious medical issues or avoiding an imminent accident.
- Not Driving the Vehicle at the Time: It may also be possible to argue that the accused was not driving at the time of the control or infraction.
In all of these cases, an experienced legal team can analyze the circumstances, find weaknesses in the prosecution’s case, and work to reduce or eliminate penalties where possible.
Driving without a license or With a revoked license (Article 384 of the Criminal Code)
Defense Strategies:
- Notification Error Regarding License Revocation: In some cases, it can be shown that the driver was not properly informed about the suspension or revocation of their license. This lack of notification can be grounds for nullifying the offense.
- Lack of Intent (Forgotten Prohibition): In certain situations, the driver may have forgotten that their license was suspended or revoked and had no conscious intent to commit the offense. This lack of intent can be used as a defense to show there was no deliberate attempt to defy the prohibition, but rather a case of ignorance or forgetfulness.
- Emergency or Necessity: If the driver was in an extreme situation, such as a medical emergency or family crisis, this can be used as justification to attempt to reduce penalties.
- Not Driving at the Time of the Incident: In some cases, it can be argued that the accused was not driving at the time of the incident and that mere presence in the vehicle or ownership of it does not automatically mean they were the driver. This defense may be effective if there are doubts about the driver’s identity or if another person was driving.
Refusal to Submit to Alcohol or Drug Tests (Article 383 of the Criminal Code)
Defense Strategies:
- Violation of Procedural Guarantees: The penalty may be challenged if alcohol or drug tests were not conducted while respecting the legal rights of the driver during testing procedures.
- Procedural Error: If there were irregularities in the testing process, such as unclear instructions from authorities or force majeure (such as health issues preventing the test), the refusal may be questioned.
Factors that can reduce penalties for traffic offenses
In addition to specific legal defense strategies, certain factors may help reduce penalties in traffic offense cases:
- First-Time Offender: If this is the driver’s first conviction for a traffic offense and they have no prior criminal record, it may be possible to secure a reduced sentence or substitute the penalty with community service.
- Mitigating Factors: Factors such as remorse, cooperation with authorities, or compensation for damages caused can serve as mitigating circumstances and lead to a reduced penalty.
Expedited trial and plea agreement in traffic offenses
When a person is accused of certain traffic offenses, such as driving under the influence of alcohol or drugs, reckless driving, or driving without a license, an expedited trial procedure is often applied. This is a streamlined process designed to resolve cases more quickly, especially in minor offenses or when the facts are clear and undisputed.
What is an expedited trial?
An expedited trial is a special criminal procedure aimed at speeding up the handling of straightforward or minor offenses, such as traffic offenses. This procedure is applied when:
- The facts are clear and undisputed, as in cases of a positive breathalyzer test or speeding captured on radar.
- The expected penalty does not exceed 5 years of imprisonment, which applies to most common traffic offenses.
The expedited trial process typically begins as a summary procedure and can conclude with a resolution on the same day or within a few days, especially when the accused chooses to enter a plea agreement.
Advantages of an Expedited Trial with Plea Agreement
Opting for a plea agreement in an expedited trial can result in several benefits, including a reduction in the penalty, as the accused agrees to the charges and the case is resolved more swiftly without a full trial.
Stages of an expedited trial
- Detention or Immediate Summons: The expedited trial typically begins following the detention or immediate summons of the accused for the offense. This is common in cases like DUI, where the driver may be detained at the scene.
- Presentation Before the Court: Once detained or summoned, the driver is brought before the examining court, which conducts the initial procedures: taking statements, reviewing police reports, and gathering any other necessary evidence.
- Accusation and Plea Agreement Proposal: At this stage, the defense has the option to reach a plea agreement with the Public Prosecutor’s Office. By agreeing to the charges, the penalty may be reduced by one-third, allowing for a faster resolution and often a lighter sentence.
What is a plea Agreement (Conformitat)?
A plea agreement, known as conformitat, is an arrangement between the accused and the Public Prosecutor’s Office in which the accused accepts the facts of the case and the proposed penalty in exchange for certain benefits, such as a reduction in the sentence. This agreement typically occurs during the expedited trial procedure and offers several advantages for both the accused and the justice system.
Advantages of a plea agreement:
- Reduced Penalty: If the accused accepts the facts and the classification of the offense, the sentence can be reduced by up to one-third of the original penalty. This reduction incentivizes the accused to accept responsibility promptly and cooperate with the justice system.
- Avoids a Lengthy Trial: By accepting the plea, the accused avoids a full trial, which reduces costs and saves time. The process is streamlined and, in many cases, can be resolved in a single session.
- Lesser Penal Impact: For first-time offenders with no prior criminal record, the plea agreement may allow the prison sentence to be substituted with fines or community service, thus avoiding imprisonment.
Do you need legal assistance for a traffic offense?
If you’ve been charged with a traffic offense, we offer personalized legal support to help you understand your situation and effectively defend your rights.
Why trust us?
- Expertise in Traffic Offenses: We are specialists in traffic regulations and the most effective legal strategies for each type of offense, ensuring your defense is handled by professionals deeply knowledgeable in every aspect of traffic law.
- Tailored and Personalized Attention: We understand that each case is unique, so we offer solutions completely adapted to your specific needs, guaranteeing a customized legal service.
- No-Obligation Consultation: We provide an initial consultation where we’ll review the details of your case and clearly outline your legal options.
- Proven, Effective Results: With our experience, we have successfully reduced penalties significantly and, in many cases, achieved complete acquittals for our clients.
- Ongoing Communication: We are committed to staying in close contact throughout the process, keeping you informed of case developments and answering any questions you may have.
How we work
- Initial Analysis: We assess the details of your case, identifying any procedural irregularities that could challenge the evidence against you.
- Customized Defense Strategy: After analyzing your case, we create a tailored strategy aimed at reducing or nullifying the penalties.
- Legal Representation: We take charge of your defense in court and, when possible, negotiate with the prosecution to avoid the most severe penalties.
- Personalized Attention: Every case we handle is unique, which is why we provide personalized attention to each client. We understand that facing a criminal charge can be distressing, and each client has different needs and concerns. We take the necessary time to thoroughly understand the case, its circumstances, and the client’s objectives. Our legal strategy is tailored to the specific needs of each case, offering a compassionate and human approach. We stand by our clients throughout the entire process, providing both legal and emotional support.
- Quality Defense: We are a law firm recognized for our high-quality defense and strong negotiation skills. We know that many criminal cases can be resolved before going to trial through favorable agreements with the other party or prosecution. When this is not possible, we provide robust courtroom defense, aiming to minimize consequences and achieve the best possible resolution. Our reputation is built on effective defense and rigorous case preparation, working with evidence, witnesses, and detailed legal analysis to ensure the best representation.
Contact us for a consultation
If you need a criminal defense lawyer in Girona, don’t wait for the situation to worsen. Every minute counts when it comes to protecting your rights. Contact us today for a full evaluation of your case. Our team of expert lawyers will carefully review your situation, providing a personalized defense and legal strategies suited to your needs.
Don’t let a traffic offense charge impact your future. We are here to defend you and protect your rights in any criminal matter, regardless of the case’s severity. Trust experienced lawyers to provide the best possible outcome.
Contact us, and we’ll be by your side every step of the way, offering the defense you deserve. Trust us to ensure an effective defense and achieve the best possible results.
Specialist Lawyer in Girona
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About Traffic Accidents in Girona
We offer specialized advice on traffic accidents in Girona, helping you obtain fair compensation and defending your rights throughout the entire legal process.
