Lawyers for Urban Speeding Offenses
Defense against criminal speeding charges in urban/city areas.
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Urban speeding carries a lower criminal threshold compared to highway offenses: exceeding the speed limit by 60 km/h in an urban area constitutes a criminal offense under Article 379.1 of the Criminal Code. Given that urban speed limits are typically 30-50 km/h, this means driving at speeds of 90-110 km/h in a city can result in criminal prosecution.
Legal Framework
Urban speed limits are typically 30 or 50 km/h, so the 60 km/h margin set by Art. 379.1 CP means that driving at 90-110 km/h in a city tips the conduct from an administrative infraction into a criminal offence. Identifying the exact posted limit at the precise point of the measurement —which may have changed recently or vary by street— is therefore the starting point of the analysis.
Defense Strategies: Signage and Limits
A crucial defense element is proper signage. Urban speed limits must be clearly posted and visible. If the speed limit change was not adequately signaled (missing signs, obscured signs, recent limit reduction without proper notice), this can constitute an error of type (error de tipo) that negates criminal intent. We document road conditions and signage through expert inspections, and we apply the device's tolerance margin to seek to bring the recorded speed below the criminal threshold.
Criminal Consequences
The criminal penalties are the same as for any road safety crime: imprisonment of 3 to 6 months or a fine of 6 to 12 months, community service of 31 to 90 days, and the deprivation of the right to drive of 1 to 4 years. For first offenders, prison sentences are typically suspended, but the licence deprivation can have devastating professional consequences, which makes it a central focus of the defence.
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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