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Drink-driving and road safety in Madrid
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Street racing, a fatal collision and repeat offending
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2025
ECLI:ES:TS:2025:3316
What the Supreme Court considered and decided
The classification as intentional homicide was upheld for the driver who caused a death during a street race. The Supreme Court corrected the repeat-offending aggravation, distinguishing the road-safety offence from homicide.
What this helps explain
A previous conviction for road safety does not allow the automatic transfer of aggravation to an offence of a different nature.
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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Related legal terms
Repeat offendingDisqualification from drivingCivil liability arising from an offenceCriminal recordCancellation of criminal recordsBlood and breath alcohol levelsRefusal to undergo alcohol or drug testsReckless drivingFast-track criminal proceedingsAgreement to the prosecution casePolice reportArrest and detention