Judge-ordered car confiscation: a crackdown for everyone or more education?

Yesterday the latest reform of the Criminal Code was published, giving judges the power to confiscate the car of a serious or repeat offender at the discretion of his or her honour. However, the law does not clarify exactly which aggravating circumstances would lead a judge to make such a decision, and some drivers’ associations fear that the law will open the door to confiscation in almost every conviction for road safety offences.

Furthermore, the new code provides that prison sentences, fines and community service will be equally available options for any judge, and that submitting to saliva drug tests will be mandatory; if a driver refuses to take them, prison sentences and driving bans can reach up to 1 year and 4 years respectively.

All this disproportion would come into force in December, a very opportune time for a number of drivers to lose their licence, go to prison and, on top of that, lose their car. Ideal for “Manolo García,” who returns home with his family after a couple of glasses of wine in the early hours of 25 December (the rest of the year Manolo has obeyed every law and has been a good citizen), while any other influential figure, mid-level civil servant or rich man’s son will flout the law, as has always happened and always will, so as not to lose his 80,000-euro car. Will this reform apply to them too?

Laws that will not be enforced consistently, since each judge’s criteria differ and they are indeed given far too much freedom to make penalties excessive. The truth is I have always defended enforcing traffic law, simply because it is the law. But what is most serious now is that we keep seeing codes and fines tightened, while nobody invests anything in education.

When will there be a nationwide, compulsory road-education campaign in every school? People will not become more aware through more punishment, but through more education. Other countries have learned to drive practically from childhood and know perfectly well what to do with a steering wheel in their hands. In Spain there is no car culture, because nobody (or very few people) has taught us.

Source | El Mundo

Photo | Circula seguro