Portal de Murcia
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29 drivers tested positive for local drug tests since the last weekend of September, while tests were negative on the other 8 tests performed.
Following the guidelines and legal obligations contained in the Road Safety Law, the General Circulation Regulations and the Criminal Procedure Law, these tests are carried out by salivary tests by members of the Local Police Accident Investigation Team, who Have a specific training for it.
Drivers of motor vehicles, mopeds and bicycles are legally obliged to undergo such tests.
The agents will use special equipment, first conducting an index test and, in case of a positive result, a second test that is sent to a forensic laboratory to confirm the result.
The Councilor for Traffic and Security, Lola Sánchez, today received a batch of 60 kits delivered by the DGT to practice these controls in the next six months.
Together with the devices already counted by the City Council, they will allow 150 driver tests between January and June.
Narcotic substances that can detect these equipment are cocaine, opiates, cannabis, amphetamines and meta-amphetamines.
The consequences of having a positive result after the laboratory analysis can be:
- Administrative: Administrative complaint with penalty of 1,000 euros + 6 points.
- In criminal proceedings (severe influence of the driver): Imprisonment penalty of 3 to 6 months or with a fine of 6 to 12 months or with work for the benefit of the community of 31 to 90 days, and in any case , With the deprivation of the right to drive motor vehicles and mopeds for a time greater than 1 and up to 4 years.
If he refused to submit to the tests he would commit an alleged crime, contemplated in art.
383 of the Criminal Code, will be punished with imprisonment from 6 months to one year and deprivation of the right to drive motor vehicles and mopeds for a time greater than 1 and up to 4 years.
Situations to evaluate
The situations to evaluate in the procedure are the following:
A. Driver without external symptomatology who agrees to perform the tests
- If the result is negative, the procedure will end.
However, in cases where, in the opinion of the agents, the driver presents external symptoms of having ingested alcoholic beverages, the alcohol tests shall be carried out in exhaled air.
- If the result of the test is positive, a second intake of saliva will be carried out in another kit, which will be sent to the approved laboratory.
When the laboratory has the results of the tests, it will send them to units of the Attestation Group.
- The current regulations require the driver submitted to be informed about the form and manner of carrying out the tests and their consequences according to the result.
- An administrative complaint will be drafted in a bulletin of the City Council.
- The vehicle will be immobilized.
- If no symptomatology is observed but the results are positive in alcohol and drugs, both administrative complaints will be processed.
B._ Driver who refuses to perform the tests.
If the driver required to perform the tests refuses to submit to them, a certificate will be made for submission to the Judicial Authority, Administrative Denunciation that will be filed pending the judicial resolution and immobilization of the vehicle.
C. Driver without external symptomatology who agrees to carry out the tests but is unable to carry it out.
It will be transferred to a health center where the doctor will indicate the most appropriate tests.
1. If the doctor provides us with the results of the test and the test is negative, the procedure ends.
2. If the result is positive:
A) Administrative complaint in bulletin of the City Council.
B) Immobilization of the vehicle.
3. If the doctor does not provide the results of the test on the spot, steps will be taken to locate a substitute driver.
D._ Presence of external symptomatology (Criminal)
Any driver required for having committed an infraction of traffic regulations, for having been involved in an accident or during a preventive control, who are observed symptoms of being able to be influenced by alcohol or drugs, will be performed first breath tests .
In case of obtaining a positive result, the appropriate actions will be carried out;
If it is negative, will be tested for drugs and if it is positive will be acted as follows, bearing in mind that the drivers of bicycles are excluded from the criminal route:
- Attestation to the Judicial Authority
- Administrative complaint that will be filed pending judicial decision.
- Immobilization of the vehicle.
- Accidents without accident are instructed as Quick Trials.
Source: Ayuntamiento de Murcia
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