The crime of speeding in the Penal Code
The Spanish Penal Code establishes, in article 379, when excessive speed is a crime . In this article on our blog we are going to explain what the crime of speeding consists of and what its penalties are. We can help you At Dexia Abogados we are lawyers specializing in speeding crimes . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US When is speeding a crime? According to article 379.1 of the Penal Code, a crime of speeding occurs when driving a motor vehicle or moped: On urban roads, at a speed greater than 60 kilometers per hour than that permitted by regulation. On interurban roads , at a speed greater than 80 kilometers per hour than that permitted by regulation. If the regulatory limits are exceeded, with a speed that does not reach that indicated in the Penal Code, a crime will not be committed, but an administrative offense and, therefore, a sanction (fine and loss of license points) will be committed.
What are the penalties for the crime of speeding? The crime of speeding carries a prison sentence of 3 to 6 months, or a fine of 6 to 12 months, or community service of 31 to 90 days . In any case, the penalty of deprivation of the right to drive motor vehicles and mopeds for a period of more than 1 and up to 4 years will also be imposed . 1. Anyone who drives a motor vehicle or moped at a speed exceeding sixty kilometers per hour on DM Databases urban roads or eighty kilometers per hour on interurban roads than that permitted by regulation, will be punished with a prison sentence of three to six months or with a fine of six to twelve months or with work for the benefit of the community from thirty-one to ninety days, and, in any case, with deprivation of the right to drive motor vehicles and mopeds for a period exceeding one and up to four years. Section 379.1 of the Penal Code How is speed measured to determine if there is a crime? Although it is valid for security forces and bodies to use any means of testing that is reliable, in practice speed is measured through radar.
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However, there is a margin of error in these measuring instruments, which according to the jurisprudence of the Supreme Court is 5% in fixed radars, and 7% in mobile radars. On the other hand, the High Court has also ruled that a 5% margin of error applies to radars that are placed on a tripod, and those that are located on a stationary vehicle. The Supreme Court refers to these measuring instruments as static, and their margin of error is the same as that of fixed radars because they perform their function from a fixed location. How is the driver of the vehicle identified? Although the owner of the vehicle has the obligation to identify the driver of the vehicle at the time the offense was committed, this aspect is limited by the constitutional right not to testify against oneself or against family members. An example of this is a ruling from the Provincial Court of Madrid in 2018, in which a person convicted of speeding was acquitted, having declared that he was not driving but rather a direct family member and it was not possible to prove that it was his own person.
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