Specialist Lawyers in Road Safety Offences in Madrid

Valmaseda Abogados is a criminal law firm in Madrid that specializes in defending individuals accused of road safety offences. The firm has extensive experience in this field and has obtained successful outcomes throughout Spain, particularly before the National Court (Audiencia Nacional).

What Are Road Safety Offences?

Road safety offences are unlawful behaviours that endanger public safety. The Spanish Criminal Code punishes these acts under Articles 379 to 385 ter. Failing to comply with road safety rules can put not only the offender’s life at risk but also the lives of others around them.

Offence for Excessive Speed

Under Article 379.1 of the Spanish Criminal Code, it is a criminal offence to drive a motor vehicle or moped at a speed exceeding the legally permitted limit by more than 60 km/h in urban areas or more than 80 km/h in non-urban areas. The penalty for this offence is imprisonment for three to six months or a fine of six to twelve months.

Offence of Driving Under the Influence of Alcohol or Drugs

Article 379.2 of the Spanish Criminal Code criminalizes driving a motor vehicle or moped under the influence of alcoholic beverages, toxic drugs, narcotics, psychotropic substances, or any other substance producing similar effects. Driving under the influence of alcohol is considered when a person has a breath alcohol level of over 0.60 mg per litre. The penalty is three to six months’ imprisonment or a fine of six to twelve months.

Offence of Reckless Driving

Article 380 criminalizes driving a motor vehicle or moped with manifest recklessness, putting people’s lives or physical integrity in danger. Reckless driving involves a blatant disregard for risk to others’ lives or safety, manifested by clearly negligent or careless driving. The penalty is six months to two years in prison and disqualification from driving for more than one year and up to six years.

Offence of Driving With Manifest Disregard for Others’ Lives

Article 381 defines the offence of driving with manifest disregard for the lives of others, putting people’s life or integrity in particular danger. This means showing conscious and deliberate indifference to the safety of others while driving. The penalty is two to five years’ imprisonment and disqualification from driving for more than two and up to ten years.

Offence of Fleeing the Scene of an Accident

Article 382 criminalizes leaving the scene of an accident by the driver of a motor vehicle or moped when responsible for a death, serious injury, or significant material damage. The penalty is one to four years in prison.

Offence of Refusing Breath or Drug Tests

Article 383 makes it an offence to refuse to submit to breathalyzer tests or drug detection tests when required after a traffic accident. The penalty is three to six months in prison or a fine of six to twelve months.

Offence of Driving Without a Licence

Under Article 384, it is an offence to drive a motor vehicle or moped without a valid driving licence, or when the licence is suspended, revoked, or expired. The penalty is three to six months in prison or a fine of six to twelve months.

Offence of Causing a Serious Risk to Traffic

Article 385 makes it a criminal offence to create a serious risk to road traffic by placing, spilling, throwing, or abandoning objects or substances on public roads or their vicinity, or in any other way that causes danger to traffic. The penalty is six months to two years in prison.

What About Riding Bicycles and Electric Scooters?

Currently, Spanish law does not specifically penalize road safety offences committed by bicycle or electric scooter users. Most infractions involving these vehicles are treated as administrative violations with fines, except in exceptional cases where reckless behaviour causing serious accidents with injuries or deaths occurs — in such situations, the Criminal Code may apply for offences like homicide or negligent injury.

There is a legal gap between existing legislation and the growing reality of these vehicles in urban mobility, leaving pedestrians and other road users without direct criminal protection. Debate continues among legal experts and policymakers about reforming the law to adapt to modern urban mobility and introduce effective criminal sanctions for irresponsible conduct involving these types of vehicles.