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Bufete de abogados penalistas Alonso Sala
trafficPractice Area

Road Safety & Users

Technical defense in 'Duty Court'. We fight to save your driving license.

Criminal Defense in Traffic Crimes

Most traffic crimes are resolved in Speedy Trials. It's an accelerated procedure where Prosecution offers 1/3 penalty reduction if you admit facts ("conformity"). However, accepting without reviewing evidence is a mistake. At Alonso Sala we audit breathalyzer calibration, radar error margins, and arrest validity before advising you to settle.

Our goal is double: avoid prison (substituting it for fine or community service) and reduce to legal minimum the time of license withdrawal, vital for your work life.

Technical Defense Keys

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The Margin of Error

Devices aren't perfect. Law requires applying margin of error in your favor. If you blew 0.64 mg/l, applying margin drops to 0.59 mg/l. That small difference means PENAL ACQUITTAL (remaining only as administrative fine).

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Penalty Substitution

If conviction inevitable, we fight for it NOT to be prison. Penal Code allows choosing between Prison, Fine or Community Service (TBC). If no records, we guarantee avoiding jail entry.

DANGERRefusal to Test (Art. 383 CP)

Many drivers believe refusing to blow is better. GRAVE ERROR. Refusing is autonomous disobedience crime punished MORE severely than testing positive.

Positive DUI

Penalty: Prison 3-6 months OR Fine OR Work.

Alternative possible
Refusal to Blow

Penalty: Prison 6 months to 1 year.

ONLY PRISON (almost always)

Common Offenses

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DUI & Drugs

Technical defense against breathalyzer and saliva test positives. Calibration errors and chain of custody.

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Speeding Offenses

Challenging radars, error margins, and lack of driver identification in speeding crimes.

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Driving Without License

Strategies for cases of loss of validity, judicial withdrawal, or failure to obtain a license.

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Reckless Driving

Defense in reckless driving and hit-and-run offenses.

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Why Alonso & Sala for Traffic Crimes?

Your license is your work tool. Losing it can ruin your work life. We fight for every day of suspension reduction.

  • checkImmediate assistance in Speedy Trials (48h summons).
  • checkTechnical challenge of breathalyzers and radars (error margins).
  • checkNegotiation to substitute prison for fine or community service.
  • checkReduction of license suspension to legal minimum through conformity.
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FAQs

What is the alcohol limit for a crime?expand_more
From 0.60 mg/l in air (or 1.2 g/l in blood) it is an automatic crime. Between 0.25 and 0.59 it is an administrative fine (points), unless there are evident symptoms of drunkenness.
Can I refuse to blow?expand_more
DO NOT DO IT. Refusing is a specific crime (serious disobedience) punished with 6 months to 1 year in prison. It is often worse than testing positive.
Is driving without points a crime?expand_more
Yes. Driving with a license withdrawn by a Judge or after losing all points (and being notified) is a crime (Art. 384 CP). Prison sentences or community service apply.
What is a Speedy Trial?expand_more
If police catch you in flagrante (checkpoint), you are summoned in 48h. If you admit the facts, the penalty is reduced by one third (e.g., from 8 to just over 5 months suspension).
At what speed is it a crime?expand_more
If you exceed the limit by 60 km/h in the city (e.g., going 110 in a 50 zone) or by 80 km/h on interurban roads (e.g., going 200 on a highway). It's prison or fine + suspension.
How long will I lose my license?expand_more
Minimum 1 year and 1 day if going to trial (reduced to 8 months if conforming). In serious cases or recidivism, it can be more. Vehicle confiscation is possible.
Can I choose community service over a fine?expand_more
Yes. The penalty is usually alternative: Prison OR Fine OR Community Service (TBC). For DUIs we usually ask for Fine, but if there's no money, TBC.
Will I have a criminal record?expand_more
Yes. Having a record is a problem for renewing permits (weapons), civil service exams, or citizenship. They can be expunged after 2-3 years.
What is reckless driving?expand_more
Driving with 'manifest disregard for life'. E.g., Kamikaze, illegal racing, donuts in pedestrian zones. Immediate prison sentences (2-5 years).
Do medications influence DUI?expand_more
Yes. Testing positive for drugs due to medication (benzodiazepines) can be a crime if it affected your driving. If prescribed, we fight for false positive or lack of intent.
Are breathalyzers reliable?expand_more
They have a margin of error. We always ask to apply the margin (EMP) in your favor. If you blew 0.64, with the margin it drops to 0.59, becoming a fine instead of a crime.
What if I have an accident while drunk?expand_more
Insurance pays the victim, but THEN CLAIMS EVERYTHING FROM YOU (right of recovery). It can economically ruin your life.
Can they confiscate my car?expand_more
Yes. Vehicle 'confiscation' as the instrument of the crime is possible in cases of manifest recklessness or habitual recidivism.
What is the re-education course?expand_more
To recover your license after a criminal conviction, you must pass a mandatory awareness course at the DGT. Without it, you cannot legally drive again.
When does it prescribe?expand_more
After 5 years, like most minor crimes. But sentence execution (withdrawal) also prescribes if they take too long to notify you.
Can I appeal the sentence?expand_more
YES, appeal to Provincial Court is possible. But if you conformed in speedy trial, you waive appeal. That's why advising BEFORE conforming is vital.
What if I don't do the awareness course?expand_more
You don't recover your license. And if you drive without recovering it, you commit the crime of driving without valid permit again (Art. 384). It's a vicious circle to avoid.
Can I drive during judicial process?expand_more
If not cautiously withdrawn, YES you can drive until sentence. But if caught again, things get complicated (recidivism).
Does it affect my insurance?expand_more
A LOT. A DUI or recklessness conviction DRASTICALLY RAISES premium or directly denies coverage. Also, if you caused damage, insurance claims everything back (recovery).
What if it was a medical emergency?expand_more
Can allege necessity state (Art. 20.5 CP) if drove drunk to take someone to hospital. BUT must prove it was the only option (no ambulance, taxi, etc.). Very difficult but possible.
What if caught driving during license suspension?expand_more
NEW crime Art. 384 (sentence breach). Prison 6 months to 1 year or fine 12-24 months. Also extends initial suspension. Worst mistake after conviction.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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