Drug-alcohol controls are a good tool to detect and remove from circulation those drivers who operate vehicles after having ingested drinks and substances that directly affect their behavior and impair their driving abilities. A good example is found in the case that the Mossos d'Esquadra have shared on social networks. This is a driver without a license who was driving drunk and had seven other occupants in his five-seater car. Thus, in total, eight people were traveling, three of whom were without seat belts.
The young man, 25 years old, was intercepted last Sunday, November 12, at half past six in the morning, at a checkpoint that the Catalan police had established at kilometer point 2.9 of the B-522 highway, in the municipal area of Gurb (Osona, in the province of Barcelona). When the agents stopped the vehicle they found that it had more occupants than legally permitted.
According to article 9 of the General Traffic Regulations, “the number of people transported in a vehicle may not be greater than the authorized seats” and when excessive occupancy means increasing the number of authorized seats by 50%, excluding that of the driver - as has happened in this case - will be considered a very serious offense and the vehicle will be immobilized.
Beyond the penalty, this violation poses a great risk to the physical integrity of the vehicle's occupants in the event of braking or a traffic accident, as the elephant effect occurs. The fact that they are not properly seated and fastened with the seat belt makes them a powerful projectile when there is sudden deceleration. If they are thrown, they can suffer significant injuries, as well as cause injuries to other companions.
In the latest reform of the Traffic Law, the punishment was toughened for those who travel without properly wearing their corresponding restraint system (belt or seats for children up to 135 cm) and for motorcyclists who travel without a helmet. Thus, the deduction of points was raised to 4, while the fine remained at 200 euros.
In addition to detecting an excess of occupants, the Mossos realized that the driver showed symptoms of drunkenness. In the breathalyzer test, he gave a positive 1.01 mg/l in exhaled air, that is, quadrupled the maximum allowable rate. Exceeding 0.5 mg/l is considered very serious and is punishable by a fine of 1,000 euros and the loss of 6 points on your license.
Likewise, exceeding 0.60 mg/l is classified in the Penal Code as a crime against traffic safety and can lead to sentences of 3 to 6 months in prison, work for the benefit of the community between 30 and 90 days or financial fines. from 6 to 12 months, as well as the withdrawal of the license between 1 and 4 years.
In the case of this young man, it should be noted that he was driving without a license, which is why he was also criminally reported for this. According to article 384 of the regulatory text, “Whoever drives a motor vehicle or moped in cases of loss of validity of the permit or license due to total loss of the legally assigned points, will be punished with a prison sentence of three to six months. or with a fine of twelve to twenty-four months or with work for the benefit of the community from thirty-one to ninety days. The same penalty will be imposed on anyone who drives after having been provisionally or definitively deprived of the permit or license by judicial decision and on anyone who drives a motor vehicle or moped without ever having obtained a driving permit or license.”
