Lawyers for Driver Identification Disputes
Defense when the identity of the driver at the time of the offense is disputed.
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In many road safety cases—particularly those detected by automatic cameras and radars—the critical question is not whether an offense occurred, but who was driving at the time. When a speed or red-light camera captures a vehicle, the penalty notification is sent to the registered owner, who may not have been the driver.
Legal Framework
The registered owner has a legal obligation to identify the driver at the time of the offense (Art. 77 Road Safety Law). Failure to do so can result in a separate penalty for non-identification, which is often more severe than the original traffic offense. However, this obligation has important limits: the owner cannot be required to self-incriminate (constitutional protection), and the identification must be certain—not speculative.
Defense Strategies
Our defense strategies include: proving the vehicle was not under the owner's control at the time (reported stolen, on loan, used by an employee), demonstrating that the camera photo is insufficient to identify any driver (tinted windows, sun glare, poor image quality), arguing that the owner genuinely does not know who was driving (fleet vehicles, family cars), and challenging the notification procedure (defective service of the penalty notice).
Criminal Consequences
Two distinct consequences are at stake. On the one hand, the underlying traffic offence (speeding, running a red light), which only attaches to whoever is proven to have been driving. On the other, the duty of identification itself: the owner who, without justification, fails to identify the driver faces an autonomous —and often heavier— administrative sanction. The defence therefore works on both fronts at once, ensuring that an inability to identify with certainty is not penalised as a refusal, and that no offence is attributed to the owner on the mere basis of registration.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Imprisonment | Prison sentences from 3 months to 6 years depending on severity and concurrence of offenses. |
| License Revocation | Revocation of driving privileges from 1 to 4 years. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Evidence Review
Comprehensive review of the prosecution evidence to detect procedural irregularities.
Negotiation
Limited plea agreement when the evidence is strong, to minimize consequences.
Road Safety Offences in Spain: DUI, Reckless Driving and Traffic Crimes — Defence Guide
Road safety offences (Arts. 379-385 CP) are among the most prosecuted in Spain. Driving under the influence (DUI), dangerous driving, unlicensed driving, and driving while disqualified carry not only prison sentences and fines, but also driving licence disqualification that can last up to 10 years.
Penalty Table: Road Safety Offences
| Offence | Article | Threshold | Penalty |
|---|---|---|---|
| DUI (alcohol) | Art. 379.2 | > 0.60 breath / 1.2 blood | 3-6 months prison or fine + 1-4 yr disqual. |
| DUI (drugs) | Art. 379.2 | Any detectable amount | 3-6 months prison or fine + 1-4 yr disqual. |
| Excessive speed | Art. 379.1 | +60 km/h urban / +80 km/h interurban over the limit | 3-6 months prison or fine + 1-4 yr disqual. |
| Reckless driving (Art. 380) | Art. 380 | Manifest disregard for life | 6 months – 2 years + 1-6 yr disqual. |
| Unlicensed driving (never held) | Art. 384 | No licence ever held | 3-6 months prison or fine |
| Driving while disqualified | Art. 384 | Lost by judicial/admin order | 3-6 months + 1-4 yr further disqual. |
| Hit and run (Art. 382 bis) | Art. 382 bis | Leaving accident scene | 6 months – 4 years |
Key Defence Strategies
Challenge the Breathalyser Result
Breathalyser devices must be calibrated and certified. Challenge: calibration records out of date, device malfunction, improper administration protocol (required 15-minute observation period before test).
Drug Test Challenge (Saliva/Blood)
Roadside saliva tests are presumptive, not conclusive. Request the blood confirmatory test. If the confirmatory test was not performed or the result is contested, the evidence may be insufficient.
Reckless Driving: subjectivising the risk
Art. 380 requires manifest, concrete endangerment of road users. Driving fast on an empty road at night may not constitute the 'manifest danger to life' required.
Disqualification Computation
If the accused drove believing the disqualification had expired (administrative error, incorrect notification), the subjective element of Art. 384 may be absent.
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