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Drink-driving and road safety in Madrid
Review the test before deciding how to defend yourself.
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Fatal collision at an alcohol checkpoint
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2018
ECLI:ES:TS:2018:58 · Date of resolution: 17/01/2018
What the Supreme Court considered and decided
The Supreme Court upheld a drunk driver’s conviction for reckless driving and manslaughter through negligence. It rejected prosecution appeals seeking convictions for intentional homicide and an offence against an officer.
What this helps explain
The qualification depends on the proven facts and the subjective element; a mortal outcome does not itself determine the dolo.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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Injury and assault: defence and claim
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Related legal terms
NegligenceSelf-defenceTreachery in the commission of an offenceDeliberate infliction of unnecessary sufferingDisqualification from drivingCivil liability arising from an offenceBlood and breath alcohol levelsRefusal to undergo alcohol or drug testsReckless drivingBodily injuryFast-track criminal proceedingsAgreement to the prosecution casePrivate prosecution by the victimReporting an offencePolice report