Road traffic offence lawyer in Malaga

How a lawyer can help you 

Drink driving and driving while impaired

The presence of alcohol does not make every case identical. The readings, applicable tolerances, calibration and verification of the breathalyser, interval between tests, symptoms recorded by the officers and manner of driving should all be reviewed.

Where an accident occurred, the collision, causation, damage and insurance position must also be considered. The legal approach may differ depending on whether the allegation is based on a statutory reading, actual impairment or a combination with injury or property damage.

Driving without a licence or after disqualification

Spanish criminal law distinguishes between driving without ever having obtained a licence, driving after loss of validity due to the points system and driving in breach of a court-ordered disqualification. Correct service of the administrative or judicial decision may be important.

We also review foreign licences, exchanges, validity periods, licence categories and identification errors, particularly for people who live in Spain temporarily or hold a licence issued abroad.

Refusing alcohol or drug testing

Refusal to undergo a lawfully required test may amount to a separate criminal offence. The case should be examined to establish how the requirement was made, what information the driver received, whether there was a clear and persistent refusal and whether a medical condition or other relevant circumstance affected the test.

A genuine inability to provide a breath sample is not the same as a deliberate refusal. Medical evidence and police video may be important.

Dangerous driving, serious speeding and leaving the scene

Criminal speeding, dangerous driving and leaving the scene of an accident can carry serious consequences. Speed measurements, camera footage, the route taken, witness evidence and expert reconstruction may all require detailed analysis.

Where injury has been caused, the case may also involve compensation, civil liability and the role of the motor insurer in addition to the criminal sentence and driving disqualification.

Sentence, disqualification and criminal record

Possible consequences include a fine, community work, imprisonment in certain cases and disqualification from driving. A conviction may also create a criminal record and affect employment, professional licences or immigration matters.

Before any plea agreement, we explain the exact proposed sentence, whether suspension may be available, how long the driving ban will last, any course or administrative requirement and when the record may later be eligible for cancellation.

Doubts you may have