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UK Licence confiscated in Spain

#1
Hi, this is my first post so please excuse any errors.

I was recently breathalysed in Spain after a small prang in a gas station, the test proved positive (3 x the limit which is less than in the UK, 0.25 mg/l breath) I was arrested and taken to the local police station and my car was towed away and impounded. I don't remember much about what happened in the police station but I wasn't locked up, I was given a pile of documents, released and told to appear in court 3 days later. I went to get my car from the pound (110€ + 10€ per day storage) and awaited court with all my Spanish friends telling me to expect 6 months in Alhaurin de la Torre (not very nice local prison!). After a kangaroo court with everybody involved, including the other driver and gas station owner giving evidence whilst I sat outside in silence, I was summoned to a side office where I was told that I had been convicted of driving a motor vehicle whilst incapable to do so due to the effects of alcohol (drink driving) I still by this stage hadn't uttered a word in my defence! I was told that I would have to pay 200€ reclamation for a new fence at the gas station, that I didn't touch and was already falling apart, 1200€ fine and that my licence would be confiscated for 8 months (better than 6 months in prison!). I had to formally except my punishment by signing a zillion pages of documents and physically hand over my licence to the prosecutor who duly placed it in an envelope and stapled it to the inside cover of my case file (already a foot thick!) Thing is I only had an old pink paper style UK licence with me as my photo card licence had expired, they didn't say anything so I didn't either! As luck would have it I had already applied for and received my replacement licence at my address in the UK but had not gotten round to go back to collect it, it's still there now. Question is, can the Spanish authorities confiscate a UK driving licence? I have all my 'pub mates' (who know everything) telling me that the Spanish cannot confiscate a UK licence and whilst the court is holding my worthless pink paper licence I am in possession of a shiny new, up-to-date, valid, UK European style photo licence, can I use it legally in Spain? Are they going to call me in 8 months to say "here's your licence back" whereupon I reply "oh don't worry about it keep it, I've already got one!"

Anybody had a similar experience or any lawyers know better than my 'pub mates'?
 
#2
I am not familiar with Spanish law to be able to comment on the legality of your trial there. But I do know about disqualifications.
if this had been in the UK, and you were from Spain then the court would have retained your Spanish licence and sent it to DVLA for the duration of your ban. If you notified DVLA that you were leaving the country then they would have returned your licence to you. did you tell them you were leaving?
certainly a ban in Spain is NOT a ban in any other country, so you can drive back here. What you cannon do is to return to Spain and drive in your nice new shiny UK licence because YOU are banned there. It does not matter if you have another licence from the UK, or indeed if you passed a test anywhere else, you set still Banned in Spain until the 8 months are up.
 
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