Two minors investigated for riding a motorcycle without a driver's license

The Civil Guard also verified that they lacked Mandatory Vehicle Insurance

April 18 2021 (10:55 WEST)
Europapress Image: Traffic Civil Guard
Europapress Image: Traffic Civil Guard

The Arrecife Traffic Detachment has proceeded to investigate two underage motorcycle drivers, for driving without the corresponding administrative authorization, having never obtained it.

The events occurred after observing two motorcycles circulating near the town of Teguise, noting that one of them lacked a rear license plate, so both drivers were signaled to stop.

After carrying out the appropriate checks, the Civil Guard was able to verify that both drivers were minors, one 17 and the other 15 years old respectively, both lacking the corresponding driving license, for which reason the facts were brought to the attention of their parents.

The Agents informed the parents that their children were going to be investigated as alleged perpetrators of a crime against road safety for driving motorcycles without the corresponding driving license, since it constitutes a particularly serious conduct and that implies, beyond an administrative infraction, the commission of a criminal offense typified in article 384 of the Penal Code.

From the investigated facts, the corresponding proceedings were instructed and delivered to the Prosecutor's Office for Minors of Arrecife.

As one of the motorcycles was not using the corresponding license plate, the corresponding complaint was filed for infraction of the General Vehicle Regulations, which carries a penalty of 500 euros

Likewise, both drivers were issued respective complaint tickets for lacking Mandatory Vehicle Insurance, which carries a penalty of 1,500 euros each.

Criminal Law of the Minor

The Law regulating the criminal responsibility of minors is Organic Law 5/2000, of January 12, Law regulating the criminal responsibility of minors.

This Law will be applied to demand responsibility from people over fourteen years of age and under eighteen for the commission of acts typified as crimes or misdemeanors in the Penal Code or special criminal laws.

Chapter IV of the current Penal Code typifies crimes against road safety and establishes the following penalties for driving a motor vehicle or moped without ever having obtained a driving permit or license, which is the following.

Article 384. Anyone who drives a motor vehicle or moped in cases of loss of validity of the permit or license due to total loss of 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 community service for thirty-one to ninety days.

The same penalty will be imposed on anyone who drives after having been preventively 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.

From the age of 14, our legal system considers that people are imputable, but a particular legal regime applies to them.

 

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