Lawyers for Driving Under Judicial Suspension
Defense against charges for driving while one's license is judicially suspended.
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Driving while under judicial license suspension is explicitly criminalized under Article 384 of the Criminal Code and constitutes breach of sentence (quebrantamiento de condena)—a separate criminal offense that can carry imprisonment of 3 to 6 months. Unlike driving with an expired license, there is no ambiguity: driving after a court has revoked or suspended the license is a clear criminal act.
Legal Framework
The judicial deprivation of the right to drive is a penalty (Arts. 39 and 47 CP) imposed in a judgment, to be distinguished from the administrative loss of points handled by the DGT. It accompanies practically all the road safety offences (drink-driving, criminal speeding under Art. 379.1, reckless driving under Art. 380, driving without a licence under Art. 384) and its duration usually ranges between one and four years, reaching six in reckless driving. It is an obligatory penalty, not discretionary: the court cannot decline to impose it, only set its duration. And, unlike imprisonment, it cannot be suspended: it is served in full. Driving during that period is therefore not a minor irregularity but a fresh offence.
Defense Strategies
Our defense examines: whether the driver was properly notified of the license suspension (defective notification invalidates the breach charge), whether the driving was justified by a state of necessity (genuine emergency requiring immediate transportation), challenging the evidence that the defendant was actually driving (vehicle ownership alone is insufficient), and negotiating reduced penalties through plea agreements that address both the original offense and the breach. A relevant technical point is the computation of the period: the deprivation runs from the final and enforceable judgment, and time spent in pre-trial detention is not deducted.
Criminal Consequences
The driver faces two concurrent offenses: driving without a valid licence (Art. 384 CP) AND the breach of sentence (Art. 468 CP), with penalties that accumulate and can exceed one year, making sentence suspension nearly impossible for the new offence. The deprivation affects all licences and permits held, and prevents obtaining a new one while it lasts. The court requires the physical surrender of the licence —failing to do so may be disobedience— and communicates the deprivation to the DGT, which records it. At the end of the penalty, the driver must request the return of the licence, which may require a psychotechnical and, in some cases, a theory exam. Where the profession depends on the licence, the prolonged deprivation adds a serious occupational impact.
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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