03 · State & society
Traffic offenses
Defense and representation in traffic offenses and crimes.
The area
Criminal defense in traffic offenses
Traffic offenses and crimes may result in significant criminal consequences, especially where there are injured or deceased persons. Their investigation involves expert evidence, technical reports and the reconstruction of the events.
At TREU Abogados we take on the defense of persons under investigation and the representation of victims and their families, with strategies aimed at protecting their rights at every stage of the proceeding.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of traffic offenses, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Negligent homicide in a traffic accident
Causing a traffic accident in which one or more people die, through carelessness or negligence while driving. It is more serious if there was speeding, bald tires or known mechanical defects, and much more so if the driver was drunk or on drugs.
Penalty: 1 to 3 years in prison; 3 to 5 years if there was speeding or other reckless conduct; 10 to 12 years if driving drunk or on drugs.
Arts. 377 and 376 COIP
Injuries caused by a traffic accident
Injuring one or more people in a traffic accident. The penalty depends on how many days the victim is incapacitated, as with ordinary injuries, but it is reduced because it was an accident; if the driver was drunk or on drugs, it becomes more severe.
Penalty: the penalty for injuries based on days of incapacity (30 days to 7 years in prison), reduced by one quarter of the minimum, plus loss of 10 license points; if driving drunk or on drugs, the maximum penalty increased by one third.
Arts. 379 and 152 COIP
Driving under the influence of alcohol or drugs
Driving with a blood alcohol level of 0.3 grams per liter or more, or under the influence of drugs. These are minor offenses punished with days in jail, fines and license points, and the vehicle is impounded for 24 hours. For public transport or cargo drivers, the limit is 0.1 grams and zero drugs.
Penalty: depending on the alcohol level, 5 to 30 days in prison and a fine of 1 to 3 basic monthly wages; on drugs, 30 days in prison and loss of 15 points; professional drivers, 90 days in prison.
Arts. 385 and 384 COIP
Reckless or careless driving
It is not a separate crime. Careless driving is punished when it causes deaths or injuries, and it weighs more if there was speeding or traffic rules were ignored. Some reckless conduct, such as serious speeding or street racing, is a minor offense on its own.
Penalty: if it causes a death, 3 to 5 years in prison for reckless conduct; if it causes injuries, the reduced injury penalty; street racing, a fine of 2 basic monthly wages, loss of 10 points and impoundment of the vehicle for up to 7 days.
Arts. 377, 379 and 386 COIP
Leaving the scene of an accident (hit and run)
It is not a crime on its own but a circumstance that increases the penalty: if someone causes a traffic accident and flees the scene, they receive the highest penalty set for the offense committed, such as injuries or negligent homicide.
Penalty: the maximum penalty set for the traffic offense committed.
Art. 374 COIP
Driving without a license or with a suspended license
Driving without ever having obtained a license, or with an expired, canceled, revoked or suspended license, are minor traffic offenses, not crimes. If the person also causes an accident or offense, they receive the maximum penalty for that offense.
Penalty: no license, 3 days in prison and a fine of 1 basic monthly wage; expired or suspended license, a fine of half a basic monthly wage and loss of 9 points; if an offense is caused, its maximum penalty.
Arts. 386, 387 and 374 COIP
Property damage from a traffic accident
Causing only damage to vehicles or other property in a traffic accident, with no one injured. It is punished with a fine and license points based on the repair cost, in addition to paying for the damage. It is more serious if the license was suspended or the driver was drunk or on drugs.
Penalty: a fine based on the cost of the damage (half a basic monthly wage if under 2 wages; 2 if between 2 and 6; 4 if over 6) and loss of points; if drunk or on drugs, the fine increased by one third and 30 to 45 days in prison.
Arts. 380 and 387 COIP
Frequently asked questions
What clients usually ask us
Does a traffic accident always constitute an offense?
No. Its criminal relevance depends on the circumstances, the existence of injuries or fatalities and other elements provided for by law.
What should I do after an accident with injured persons?
It is advisable to obtain legal advice immediately and to preserve all available information about what happened.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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