In the event that you are arrested for allegedly driving under the influence of alcoholic beverages, toxic drugs or psychotropic substances, the scenarios that may occur are the following:
1. That you, as a defendant, are directly detained, this implies that we begin our action directly at the Police Station, attending your statement to the police, assessing the legality of the arrest and your possible stay in jail until it is brought to justice.
2. If the crime does not cause your arrest, we will assist you directly in the summons issued by the Judge of the Duty Court, recipient of the police report.
When a user of our services faces a speedy trial for breathalyzer, the million dollar question they ask us is:
"What is the punishment that can be imposed on me?"
Article 379 of the C.P. He gives us the answer to this question, indicating penalties that range from 3 to 6 months in prison or a fine of 6 to 12 months or work for the benefit of the community from 31 to 90 days. It should not be forgotten that the conviction for this crime will always carry as a bonus the loss of the right to drive motor vehicles for a period of between 1 and 4 years, which can finally mean the loss of the driving license "forever".
To proceed with the speedy trial for alcohol, the Court summons the witnesses and others affected by the crime, adopting the following measures:
- Summon the people you consider to make a statement in the next 24 or 72 hours.
- The Judge will ask for the criminal record of the accused, which may have relevance and weight in his eventual conviction if they are computable.
- In the case of damage as a result of the crime, the Judge will request that an expert evaluate the material damage that the accused may have caused and will call the possible injured parties to declare, offering them the possibility of appearing as a party in the process (case of accidents or accidents, possible affected)
Being in this phase of the judicial process, it is usual for the Public Prosecutor to have a meeting with the lawyer of the investigated person to try to reach a sentence of conformity. If the person under investigation recognizes his own guilt and agrees with the penalty, it will be reduced by one third, issuing the so-called conformity sentence on the same day.
If the defendant is not satisfied, an initial hearing will be held that same day in which a statement will be taken from the defendant, and all evidence that they deem pertinent for the holding of the speedy trial for alcohol will be requested by both the defense and the prosecution, which may be accepted. or not by the judge.
After hearing the parties, the judge makes a decision and it may be one of the following:
• Have by practiced all the tests and continue the proceedings as a quick trial. Once the judge decides in this way, the order to open an oral trial is issued, presenting an accusation document by the Public Prosecutor and by the defense lawyer, who may do it orally at the hearing or requesting a deadline for it within 5 days after the holding this hearing. Typically, you will be summoned to attend trial in a period of about 20 days.
• Understand that the evidence is not sufficient and change to an abbreviated procedure (procedure with a more complete investigation that can take up to 6 months, apart from the appointment to oral trial, which will depend on the Criminal Court where the knowledge of the matter falls ).
The sooner you have a specialist lawyer you trust, the greater the chances of being able to reach acquittal or a minimum penalty in law favorable to your interests, without having to go to prison or lose your driving license.
At Audacia Abogados we are specialists in criminal law having extensive experience in the defense in speedy trials for alcohol, call us as soon as possible so that we can assess the possibilities of defense in your case.