Is it an offence to drive without points?
Furthermore, the same legal precept establishes that this type of conduct can also be punished with community service for a period of 31-90 days.
Does it involve a licence withdrawal penalty?
No. As mentioned above, this offence is punishable by imprisonment, a fine or community service, but not by deprivation of the right to drive motor vehicles and mopeds.
When do we know that we are dealing with such a crime?
In order for a person to be charged with a driving without points offence, it is necessary that there has been a personal notification of the administrative file of the loss of the driving licence by the Directorate General of Traffic. Personal notification means that it is the person himself who signs the acknowledgement of receipt. When it is a third party who signs such notification, the person may be considered to be unaware of the matter and therefore his or her conduct is atypical. Recent case law has established the need in this type of offence for the accused to have knowledge of the criminal unlawfulness at the time of the facts, through personal notification of the corresponding administrative decision or by other means of proof, without this being presumed.
What do I do if I know I have no points?
Driving without points is prohibited and is a criminal offence. In order to be able to drive again, the licence will have to be reinstated by accessing road re-education courses. Important issues for this type of offence It is important to note that, although the prison sentences set out in Article 384 of the Penal Code may be suspended, at the judge's decision, if the requirements established in Article 80 of the Penal Code are met, when we are dealing with a habitual offender, i.e. persons who have committed 3 or more offences classified as crimes of the same chapter - in this case offences against road safety - within a period of no more than 5 years, any possibility of suspension is eliminated. This type of offence, according to Article 33 of the Penal Code, carries less serious penalties with the consequence of having a limitation period of 5 years, as set out in Article 131 of the Penal Code.
Have you been charged with a driving without points offence?
If you are accused of an offence of driving without points, do not hesitate to contact a lawyer who will offer you the best legal advice to defend you. One of the main defences is to be able to prove that the driver was clearly unaware that he had lost all his points or that there was no effective notification from the Directorate General of Traffic at any time. Even so, each case is different, so it is best to seek advice from a lawyer. Do not hesitate and contact the criminal law firm Balaguer Bataller, in Barcelona, open 24 hours a day, 365 days a year.
