Traffic accidents: Driver’s responsibility (Emilia Law)

It informs about the law that modified the penalties for drivers who, while intoxicated or under the influence of narcotic or psychotropic substances, cause death, mutilation or very serious injuries and for those who, after causing an accident, do not report to the Carabineros.

What is a driver involved in a traffic accident that results in personal injury or death required to do?
In any traffic accident in which injuries or death of a person are produced, the driver who participates in the events will be obliged to stop his march, provide the assistance that is possible and report to any Carabineros official who is close to the place of the fact, for the purposes of the judicial complaint.

What happens if the person does not report to the police authority?
If only damage occurred in the accident, the person will receive a fine of three to seven monthly UTM tax units and license suspension for up to one month.

In an accident in which a person is injured, if the driver does not stop and does not notify the authorities, he will receive a penalty of imprisonment lower in its medium degree (541 days to three years in prison), perpetual inability to drive vehicles of mechanical traction and a fine of seven to ten monthly tax units.

If the affected person dies or is left with very serious injuries (insane, useless for work, impotent, handicapped by an important or notably deformed member), a minor prison sentence will be applied in its maximum degree (from 3 years and one day to five years of prison), perpetual inability to drive mechanical traction vehicles, a fine of eleven to twenty monthly tax units and confiscation of the vehicle with which the crime was committed.

These penalties will be imposed along with the one that the driver could receive for the responsibility in the crime or in the near misdemeanor that he had committed.

Can a driver refuse breathing tests or other tests to evaluate the presence of alcohol or other substances in his blood?
If a driver refuses without justification to undergo respiratory tests or other scientific tests aimed at establishing the presence of alcohol or narcotic or psychotropic substances in the body, he will be sanctioned with a fine of three to ten monthly tax units and with the suspension of your license for up to one month.

What happens if the person refused to submit to the tests in the context of an accident in which a person was killed or the person was seriously injured?
If the victim died or suffered very serious injuries, whoever refuses to take the tests or does any other maneuver that alters the result of these examinations will receive a minor prison sanction in its maximum degree (from three years and one day to five years in prison ), fine of eleven to twenty monthly tax units, perpetual inability to drive vehicles and confiscation of the vehicle with which the crime was committed, without prejudice to the rights that the owner of the vehicle may assert if it is another person.

The driver will receive this penalty in conjunction with that applied to him for his responsibility in another crime or near misdemeanor that he has committed for the same act.

What penalty is applied to people who, while intoxicated or under the influence of narcotic or psychotropic substances, cause death or extremely serious injuries to a person?
There are two situations: if the person affected was seriously injured, the penalty applied will be minor imprisonment in its maximum degree (from three years and one day to five years)

In the event that the victim dies, the penalty applied is imprisonment minor in its maximum degree to prison major in its minimum degree (from three years and one day to ten years in prison).

In both cases, the penalties of eight to twenty monthly tax units, perpetual inability to drive mechanical traction vehicles and confiscation of the vehicle with which the crime has been committed will also apply, without prejudice to the rights of the owner if it is another person.

Are there cases where only the highest penalty will apply?
Yes, the greater penalty will be applied, that is, the one ranging from 5 years and one day to ten years, if any of the following circumstances have also occurred:

  • If the person is a repeat offender in this type of crime, unless ten years have already passed, in the case of a crime or five years in the case of a simple crime.
  • If it is a professional driver who participated in the accident while performing his duties.
  • If the person responsible was driving the vehicle with his driver’s license canceled, or if he was disabled in perpetuity to drive motorized vehicles.

How should judges define the penalty?
For drivers who are drunk or under narcotic or psychotropic substances that cause death or very serious injuries in a traffic accident, the judge may apply the penalty established by law, that is, between three years and one day and ten years if there is no aggravating or mitigating.

If there are one or more extenuating circumstances and no aggravating circumstances, the court will impose the penalty of minor imprisonment in its maximum degree.

If there is one or more aggravating circumstances and no extenuating circumstances, the penalty of greater imprisonment will apply to its minimum degree.

What is the minimum effective jail time for a driver who, while intoxicated or under narcotic or psychotropic substances, causes extremely serious injuries or the death of a person?
The convicted person may receive a substitute sentence (such as probation or conditional remission of the sentence), but that sentence will be suspended for one year. This means that they must necessarily serve one year in prison before being released. For example, if you are sentenced to three years and one day in prison with probation, that alternative sentence will only be considered after serving one year in prison.

What if a person has the pain of not being able to drive and does it?
The driver who has been sentenced to the penalties of suspension or perpetual disqualification to drive mechanical or animal traction vehicles, and is caught driving a vehicle during the term of the sanction imposed, will be punished with lesser imprisonment in its minimum degree (of 61 days 540 days) and a fine of up to ten monthly tax units

What if the crime is committed by someone who does not have a license?
The judge must increase the sentence applied by one degree.

When can drivers convicted of driving under the influence of alcohol or under narcotic or psychotropic substances that cause death or extremely serious injury to someone else get parole?
They can only hope to get it after serving two-thirds of the sentence.

 

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