Criminal Lawyers for Hit-and-Run
Defense against hit-and-run charges for leaving the scene of an accident.
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Leaving the scene of an accident (hit-and-run) can constitute multiple criminal offenses under Spanish law: failure to assist (Art. 195 Criminal Code, if persons are injured), reckless driving (Art. 380, the driving that caused the accident), and simulation of a crime if the driver later files a false stolen vehicle report. The combination of charges can lead to significant prison sentences.
Failure to Assist
If there are injured persons at the scene, leaving without providing assistance or calling emergency services constitutes failure to assist, punishable by imprisonment of 6 months to 4 years and license revocation. Aggravating factors include: the driver caused the accident, injuries are serious, and leaving was motivated by desire to avoid detection. This charge alone can be more severe than the underlying traffic offense. Separately, the abandonment of the scene of an accident is itself typified as an autonomous offence.
Defense Strategies
Our defense examines: whether the driver was aware of the collision (minor impacts may go unnoticed), whether there was a legitimate reason to leave (fear for personal safety, seeking help), establishing that the driver returned to the scene or reported the incident shortly after, and challenging vehicle identification evidence (witness descriptions, camera footage quality) when the driver's identity is disputed.
Criminal Consequences
The consequences derive from the combination of offences: the failure to assist (Art. 195 CP), the underlying driving offence that caused the accident and, where it occurs, the false report of a stolen vehicle. Their accumulation can result in substantial sentences, together with the deprivation of the right to drive and the criminal record. A powerful mitigating factor runs in the opposite direction: returning to the scene or reporting to the police shortly after demonstrates good faith and can significantly reduce the penalty, which is why the conduct after the accident is as important to the defence as the accident itself.
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.
Why Choose Us?
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