Modifies Law Nâ ° 18.290, Increasing The Penalties For Driving While Intoxicated, Under The Influence Of Narcotics Or Sicotra Substances You Spades, And Under The Influence Of Alcohol

Original Language Title: MODIFICA LEY N° 18.290, AUMENTANDO LAS SANCIONES POR MANEJO EN ESTADO DE EBRIEDAD, BAJO LA INFLUENCIA DE SUSTANCIAS ESTUPEFACIENTES O SICOTRÓPICAS, Y BAJO LA INFLUENCIA DEL ALCOHOL

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Nº 3 of article 87, shall be replaced by the following: "3.-admitting individuals who smoke or who have no proper composure which comprise begging.". "

(2) replace article 88 with the following: "article 88.-passengers are obliged to pay the fee, respect the norms of behaviour that determine the law, morals and good customs and refrain from any act that may impede the normal performance of the conductor run." The latter shall have the right not to admit to people that can cause problems or disorders to the interior of the vehicle or who are in manifest State of drunkenness. They will also be strictly non-smoking. "."

((3) in article 111: to) replace in the second subparagraph the figure "1.0" with "0.8".

(b) replace in the third paragraph the phrase "more than 0.5 and less than 1.0 grams per thousand" with "greater than 0.3" and less than 0.8 grams per thousand.

(4) Agreganse in article 183 paragraphs following the first and second, new, passing current paragraphs first, second and third, become paragraphs third, fourth and fifth, respectively: "article 183.-police may refer to any driver to a respiratory test evidence or other scientific evidence, in order to prove the presence of alcohol in the body and its dosage, or the fact of being the person driving under the influence of alcohol or narcotic drugs or psychotropic substances or" in a State of drunkenness.

In order to ensure the accuracy of the test that is practiced, this must be carried out with instruments certified by the Ministry of transport and telecommunications, in accordance with the technical characteristics which define the regulation, distinguishing between those who are capable of detecting driving under the influence of alcohol of others. In the event that at the time of the control procedure is not available the instrument for testing, police can take the driver to the nearest police station that has such equipment, or you can have that you for a review, according to the provisions of the following paragraphs. "."

(5) Insert, in subparagraph of article 192, then of the expression "years", the following phrase: "and a fine of 50 to 100 monthly tax units,".

((6) in article 193: to) replaced first subparagraph by the following: ' article 193-which, violating the prohibition provided for in the second article 110 paragraph, drive, operate, or performing the functions under the influence of alcohol, shall be punished by a fine of one to five monthly tax units and the suspension of license for three months. " If as a result of that driving, operation or performance, caused slight injuries or material damage, he shall be punished by a fine of one to five monthly tax units and the suspension of license for six months. They shall treat as minor, for these purposes, all injuries that occur to the offended illness or disability for one period not exceeding seven days. "."

(b) replace in the second paragraph the expression "of two to four months", for "for nine months".

(c) replace in the third paragraph the expression "of four to eight months", by "of eighteen to thirty-six months".

(d) in the fourth subparagraph, replacements the expression "of eight to fifteen", by "from twenty-one to thirty"; and the phrase "less than twelve nor more than twenty-four months", by "less than thirty-six nor more than sixty months".

(e) delete the fifth subparagraph, passing the current sixth subparagraph to be fifth paragraph.

(f) replace in sixth paragraph, which happened to be subsection fifth, the phrase "which may not be less than twenty-four or higher to 48 months.", by the following: "which may not less than forty-eight nor more than seventy-two months.".

(g) add the following final new subsection: "penalties of fines of this article can always be replaced, at will of the offender, for work in favor of the community and attend lectures on driving under the influence of alcohol or narcotic drugs, which will be taught by the respective municipality.".

((7) in article 196: to) added in the paragraph first, then of the phrase "and a fine of two to ten monthly tax units", as follows: "in addition to the suspension of the license to drive a motor vehicle for a period of two years, if he was surprised at first once, suspension for a period of five years, if it is caught in a second event and" Finally, with the cancellation of the license to be caught on a third occasion, "."

(b) added in the second paragraph, then of the separate dot (.), that happens to be comma (,), as follows: "in addition to the suspension of driver's license for a period of thirty-six months in the case of less serious injuries, and five years in the case of serious injury. In case of recidivism, the judge must decreeing the cancellation of the licence. "."

(c) added in the third paragraph, then of the final dot (.), that happens to be comma (,), as follows: "in addition to the penalty of inability to life imprisonment for driving mechanical traction vehicles.".

(d) repeal paragraphs fourth, fifth and sixth.

((8) in article 197: to) replace in the fourth paragraph the phrase "guarantee judge may impose, in accordance with the rules of the code of criminal procedure, the injunction of retention of the licence, permit or driver's license of the accused, for a period that may not exceed six months.", by the following: "the Court, at the request of the Prosecutor , the complainant or the victim, may enact the measure precautionary provisional suspension of driver's license since it is carried out the control of detention hearing, and must be recorded on the resume of the driver. The time that mediate between the hearing and the enactment of the judgment will fall within the condemnation. "."

((b) modified the fifth paragraph in the following way: 1) replace the sentence "for these crimes", for "for the offences referred to in subsection first".

(2) replace the phrase "In this case, the judge may impose, in addition to any of the conditions referred to in article 238 of the code, the suspension of the license to drive for a period not less than six months nor more than a year.", by the following: "in this case, the judge may impose any conditions referred to in article 238 of the code and must always enact the suspension, cancellation, or disqualification sentence, pursuant to articles 193 and 196, as appropriate. In these crimes shall not be the mitigation of criminal responsibility contained in article 11 N ° 7 of the Penal Code. "."

(c) incorporate the following final paragraph: "the penalties of suspension, cancellation, or disqualification sentence for driving mechanical or animal, may not be suspended even when the judge makes use of the option provided for in article 398 of the code of criminal procedure.".

(9) add the following article 197 bis: "article 197 bis.-judges may always, although not mediate convicted attend any circumstance of criminal responsibility, enacting temporary or perpetual inability to drive motor vehicles, if the psychic and moral conditions of the author demand it.".

(10) replace the heading of paragraph 3 of title XVII with the following: "§ 3. SUSPENSION AND DISQUALIFICATION FOR DRIVING TENSILE MECHANICS AND THE CANCELLATION OF DRIVER'S LICENSE. "."

((11) in article 208: to) merge the following paragraph first, passing the current first and second, to be second and third, respectively: "article 208-the penalty of suspension for driving of mechanical or animal involves the impossibility of using it during the time of the conviction;" the disqualification for driving mechanical or animal drawn vehicles involve the cancellation of the license or the impossibility of obtaining it. "."

(((((((b) Eliminanse letters a) and b), passing the current lyrics) c and d) to be letters to)) and (b), respectively.

(c) incorporate the following final paragraph: "In cases which, as a result of the application of the provisions of articles 193 and 196, license has been cancelled, the judge, after twelve years since cancelled the license, may boost this measure when new background allow founded estimate that gone is the danger for transit or for public security that mattered the driving motor for the offender.".

(12) replace article 209 with the following: "article 209-driver that has been sentenced to penalties of perpetual disqualification or suspension for driving of mechanical or animal, and is surprised driving a vehicle during the term of the imposed punishment, shall be punished by imprisonment in its maximum degree and fine up to ten monthly tax units."

If the offences referred to in articles 193 and 196 of this law, shall be committed by who has not obtained a driver's license, or that, having it, it would have been cancelled or suspended, the Court must increase the penalty to a degree. "."