Crime against road safety

The Supreme Court (SC) has confirmed the conviction of a driver who was caught driving on the M-40 (Madrid) knowing that he did not have a valid driver's license in force. According to the proven facts, the accused had lost the validity of his driving authorization due to an administrative resolution from the Provincial Traffic Headquarters, which was also personally notified . When he tried to regain it, suspended the technical test recovery (listed as "not suitable"). The TS makes it clear that the driver was perfectly aware that he could not take the wheel.

The case came from a speedy trial where the criminal court convicted him of a crime against road safety (driving without a valid license) and imposed a prison sentence. The Provincial Court of Madrid confirmed that sentence, and the convicted person appealed to the SC.

A key aspect is that the courts took into account that the accused had accumulated four previous convictions for crimes against road safety. That is why the aggravating circumstance of multiple reoffenses was applied , which justified imposing the penalty at the high end within the legal range. The Supreme Court even points out that, based on that background, the sentence could have been higher , but it remained within the applicable limits.

The appellant also tried to argue a violation of the presumption of innocence , but the Supreme Court explains that, in this type of cassation appeal against judgments issued on appeal by a Provincial Court, only allows legal infringements under the grounds of LECr art. 849.1 can be discussed, without raising procedural or constitutional violations as an independent reason. The Supreme Court sees no reason to make any changes and upholds the conviction.

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