The Spanish Penal Code punishes driving a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages as a crime against road safety.
You may find yourself in this situation in which, while driving, the authorities have performed a breathalyzer test and it turns out that it is higher than an alcohol level in exhaled air of 0,60 milligrams per liter ( 1,2 g/l in blood) or that the person required to undergo the test refuses to do so. In this case, we are not only facing an administrative penalty (traffic fine for alcohol), but we are also facing the commission of a crime against road safety.
Therefore, It is important that you have a lawyer to assist and advise you at this time. how the procedure that is initiated to judge him based on the facts will be developed, what options he has so that he can be sentenced to a lesser sentence or what may happen if the accusation requests a greater sentence... in general, a multitude of variants to be had taking into account and circumstances that make it highly advisable that you have a specialized lawyer to defend you and carry out a forceful procedural strategy.
This assistance will be necessary, because once the police report detailing the infraction has been prepared, the agents deliver it to the Police Court of the district in which they are located, and it will be then that they will need the proper defense, as it may occur. several situations:
-Depending on the level of alcohol and the severity of the facts (the person reported has collided with another vehicle or someone...) the accused may be directly detained by the police.
In this case, they will take your statement before the Police, where we can defend, assist and advise you, since the majority of detainees do not testify because they want to be advised by their lawyer and can only speak with the lawyer when the statement is finished.
After the statement, the detainee will be placed at the disposal of the Court.
-If the person is not arrested, they are summoned to appear directly in Court and are made aware that they have the obligation to appear in Court and the consequences that failure to do so may have.
The police report includes the identity and statement, not only of the accused, but also of the witnesses who may have witnessed the events and they are also summoned to attend the court as witnesses.
Once the report is delivered to the Court of Guard, the Judge takes the following measures to process the quick trial for alcoholism:
-Summon the accused and the witnesses to appear in Court and testify about the facts (normally these summons are urgent and are made by telephone and the statements are taken between 24 and 72 hours after the alleged crime was committed)
-The Judge will ask for the criminal record of the accused, who in that part of the process has the name of accused (he is no longer accused, but is accused).
-If things have been damaged or broken, the Judge will also ask an expert to assess the material damage that the accused may have caused.
Ultimately, the judge will collect all the documentation and evidence that he deems necessary to be able to carry out a quick trial for alcoholism. In this case, legal assistance is also very important, since the prosecutor's office and the detainee's lawyer can request as much evidence as they deem appropriate.
Legal assistance is also necessary for the possible agreement that may be reached with the Public Prosecutor's Office, since if the accused recognizes the facts and agrees with the sentence requested by him, it is reduced by one third and the so-called sentence is issued that same day. conformity sentence (that the accused accepts the facts and agrees with the sentence, which by doing so reduces the sentence by one third).
But if the accused does not agree with the sentence requested by the Prosecutor's Office, the quick trial for alcoholism continues its course, even on occasions, it may be processed as an abbreviated one, with the defense lawyer having the great task of defending the his client, usually to ask for his acquittal.
Therefore, you must keep in mind the great importance of being assisted at all times by a lawyer specialized in the matter. Get in touch with our office lawyers in Murcia As soon as possible, we will give you the legal response you need.
