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Thread: DUI in Spain - appearance in & summons to court

  1. #1
    duiinspain is offline Member
    Join Date
    Apr 2016
    Posts
    5

    Default DUI in Spain - appearance in & summons to court

    In July 2012 I was stopped at a roadblock in Spain and breathalysed. I was alleged to register a positive breathe result of 0.84 mg/l. I was detained and released to appear in court at a later date.
    I never heard anything more about the case despite having a lawyer assigned to me by the Spanish state.
    I returned to Spain in May 2015 and was arrested at the airport for failing to appear in court at a date I was never aware of. I was held for a day and released to appear in court at a later date.
    I have now received an email with what appears to be a summons to appear in court in Spain this June 2016.

    My questions are:
    1. I am resident in UK. Do I have to appear in court myself or can a local lawyer appear on my behalf?
    2. Can I be summoned to court by means of an email? Must I not be sent a summons by means of registered mail or some more official means?
    3. They are aware I do not speak Spanish as on all instances I required a translator. Hence, is it correct that they send the email with a subject title in Spanish, body text in Spanish and an attachment also in Spanish?

    Any other advice or tips you can give?
    Many thanks in advance for your time and consideration of this post. I much appreciate any advice you are able to provide.

  2. #2
    Mclanelli is offline Established Member
    Join Date
    Oct 2015
    Posts
    106

    Default Re: DUI in Spain - appearance in & summons to court

    Quote Originally Posted by duiinspain View Post
    In July 2012 I was stopped at a roadblock in Spain and breathalysed. I was alleged to register a positive breathe result of 0.84 mg/l. I was detained and released to appear in court at a later date.
    I never heard anything more about the case despite having a lawyer assigned to me by the Spanish state.
    I returned to Spain in May 2015 and was arrested at the airport for failing to appear in court at a date I was never aware of. I was held for a day and released to appear in court at a later date.
    I have now received an email with what appears to be a summons to appear in court in Spain this June 2016.

    My questions are:
    1. I am resident in UK. Do I have to appear in court myself or can a local lawyer appear on my behalf?
    2. Can I be summoned to court by means of an email? Must I not be sent a summons by means of registered mail or some more official means?
    3. They are aware I do not speak Spanish as on all instances I required a translator. Hence, is it correct that they send the email with a subject title in Spanish, body text in Spanish and an attachment also in Spanish?

    Any other advice or tips you can give?
    Many thanks in advance for your time and consideration of this post. I much appreciate any advice you are able to provide.
    The summons has effectively been served once you were charged. So there is no problem sending an email, lets put it his way; its legal, and you have been summoned.

    Yes, you would have to appear in person. If you don't go they can apply for European arrest warrant and have you removed from the UK and returned to Spain to be sentenced.

    They don't have to cater to your language requirements; you committed an offence in their country and you were arrested and charged. You now need to consult a Spanish UK based lawyer to assist you; or a lawyer that specialises in this kind of situation.

    M

  3. #3
    duiinspain is offline Member
    Join Date
    Apr 2016
    Posts
    5

    Default Re: DUI in Spain - appearance in & summons to court

    I'd like to provide an update on my case for anyone who might want to inform themselves.

    I have been fined a large fine of several thousand euros and banned from driving in Spain for just over a year.

    Best advice I can give others who may be subject to a similar situation is make sure to get a privately engaged lawyer on your defence as the state appointed lawyer is useless (mine did not even appear at the court case nor did the state appointed translator). Your own Spanish lawyer will be money well spent unless you want to end up behind bars.

    Best of luck and remember when you've drunk alcohol then using a taxi is the safest, cheapest, easiest way about. It's just not worth the risk.

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