UK licence taken by Spanish court,, yes or no?

Convicted Driver Insurance

spaniard12

New Member
Hello everyone,, Happy New Year.

i'm new to DD.org but glad it exists. i hope someone can advise me on my situation.
I will be attending a Spanish Court (Magistrates) very soon.
To answer for a drink driving offence from last summer. I have been told by my Spanish Lawyer that my driving ban will be for a minimum of 8 months plus a fine and/or community service, however she is not aware of the powers of the magistrate to confiscate my UK driving licence which i've had for 25 years.
Nor does she know if the ban includes taking away my full UK Motor Bike licence aswell, as it is a car offence.. WTF...

So does anyone know of such a case or what powers the Spanish Magistrates have over UK Licences etc..
I'm currently residing and working in Spain and need my own transport, as public transport is always on Spanish time or non existent.

Much appreciated for any help given.. Thanks.
 
The Spanish court have no authority over your UK licence, but they can, and will ban you from driving in Spain so you cannot use your U.K. Licence there as you 'the person' will be disqualified in Spain.
The arrangement should be that the Spnish "DVLA" will either retain your UK licence Or sent it to the UK DVLA. In either case, it will not result in points or a ban appearing on it.
One last thing, a ban is a ban, not just a ban for the class of vehicle you were using at the time so it will apply to the motorcycle part as well.
 
I would add that the ban will only apply in Spain, they have no reciprical arrangements with other countries so you can drive elsewhere, including the UK.
 
The Spanish court have no authority over your UK licence, but they can, and will ban you from driving in Spain so you cannot use your U.K. Licence there as you 'the person' will be disqualified in Spain.
The arrangement should be that the Spnish "DVLA" will either retain your UK licence Or sent it to the UK DVLA. In either case, it will not result in points or a ban appearing on it.
One last thing, a ban is a ban, not just a ban for the class of vehicle you were using at the time so it will apply to the motorcycle part as well.





thankyoufortheadvice... just gutted thats all.. gracias
 
You're welcome. The Spanish limit is lower than the English one, at 50 in blood or 22 in breath, how far over were you?
 
The Spanish court have no authority over your UK licence, but they can, and will ban you from driving in Spain so you cannot use your U.K. Licence there as you 'the person' will be disqualified in Spain.
The arrangement should be that the Spnish "DVLA" will either retain your UK licence Or sent it to the UK DVLA. In either case, it will not result in points or a ban appearing on it.
One last thing, a ban is a ban, not just a ban for the class of vehicle you were using at the time so it will apply to the motorcycle part as well.

Hello Price1367. This isn't far from the topic you are discussing but probably more detailed.

I was stopped on the roadside for drink driving, non accident related. I was breathalysed and over the limit, the police said this would likely go to court. I was then asked on roadside where did I live and as my home was 5 minutes away (Adeje) they decided to take me home rather than to their station which they said was 1 hour away.

They asked for proof of who I was and I gave them my NIE paper, they then said they will call me in 2 weeks or so with a court date and not to go anywhere. After 10 days I panicked and left to return to the UK. around a month later the police turned up at the police I was staying in Adeje and my friend said where I had gone and they said to tell me that I would b banned from Tenerife for 5-10 years in my friends words, but no paper documents left etc.

I have tried to find out since where I stand with this and if I was to visit main land Spain or any other island like Lanzarote or even Tenerife itself what would happen but I have had no joy with any solicitors giving me a final answer as they all have said its very grey area as the police did not take me to the station, i did not pay any roadside fines or sign any paper work etc

can you shed any light on this at all please?

thank you in advance!
 
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Hello Maudio,

I am not all all that knowledgeable on Spanish law, I'm afraid, but I will make these observations:

The Spanish police will normally confiscate your car if you are detained for Drink driving.
They may have done a roadside test, but I believe their system is the same as here and they have to get an EVIDENTIAL sample at the police station, which you say they did not get. Other than relying on the evidence of the police officers on you state of intoxication (how bad were you, what was the roadside breath test result?) they do not have evidence to convict you.

An outside possibility, but you could try this link and see if you have been given points on your Spanish licence by being convicted in your absence:

https://sede.dgt.gob.es/es/tramites-y-multas/permiso-por-puntos/consulta-de-puntos/

if you are in contact with a solicitor on Spain, is it possible for him to make an enquiry with the authorities to see if you are "wanted' for failing to appear? That would let you know if you are liable to be arrested if you return to Spain or its' islands.
 
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Hey Price1367,

Thanks for getting back!

I really appreciate what light you have shed here. I see what you're saying there, they took the car from me that night and said the owner could collect it from the next day at the Grua for €80 which I found out that the guy I was renting from didn't actually own the car and it was someone who lived in england, but he did put me on the car as a named driver but said if police ever stopped me to not say I was renting it.

Anyway, I can't remember the exact reading but it was over 80 (reckless I know) and I remember the officer saying this will be a court case as you're over all the limits. Then they asked where I lived and as I was 5 mins away they said taking me to the station was "too long" for them and took me home.

I was driving only on my UK licence, I never had a Spanish one (although they were just changing the laws that you needed a Spanish one as I was a worker).

I have spoke to a solicitor the other day who said they would go to the local Policia and enquire if I am wanted with them or not. They wanted a copy of my passport for identification which I am worried would spark up something that possibly they aren't as bothered with but now it's brought to their attention could raise alarms, I don't know. I guess they have a copy of my passport from when I registered for my NIE so it's not like they wouldn't have that record...?

The solicitor said they can do that for €100 and then take it from there, do you think that's a good idea?

Many thanks!
 
I suppose it depends if you intend to return to Spain or not. If you might be going back then it would be wise to be aware of your status in Spain to avoid any nasty surprises when you arrive ready to work.
One other thing to consider, and I think this makes it very wise to check what the position is in Spain..... there is an EU cross border enforcement directive that allows member states to pursue motoring offenders, including Drink driving, in other member States by having them dealt with in their own countries courts. the UK is currently one of only 3 countries not signed up to this, but the deadline for our enrolment is May 2017. (But will BREXIT put this on hold? Who knows!) if you are 'wanted' in Spain, it is conceivable that you could end- before an English court for the Spanish offence........
I think you will find that here are not formal proceedings against you, the Police just took the easy way out of a long journey back to the police station so there will not be a prosecution.
 
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