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Can you be fined if you appear committing an infraction in a video on social networks? And if it happens to you, is there a defense option?

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Can you be fined if you appear committing an infraction in a video on social networks?  And if it happens to you, is there a defense option?

We launched a new question: can you be fined if you appear committing an infraction in a video on social networks? The answer, based on the many stories we’ve published about violators discovered by Twitter or Instagram, is yes; but is there a defense option?

The Civil Guard agents who are dedicated to persecuting presumed offenders (members of the GIAT group) have found social networks to be of great help in their daily work. The videos published by Internet users are key to identifying those who do not respect the rules and punishing them for their behavior.

Sanctioned as a result of a video

It sometimes happens that, in the same video, the agents detect several drivers who commit irregularities. A recent example: the sequence in which a driver shows how a scooter overtakes him at almost 100 km/h reveals that the informer used the mobile while driving, which, with the new Traffic and Road Safety Law, is penalized with 200 euros and the loss of 6 points.

The legal department of the motorist defense company Pyramid Consulting tells us about another similar case: a driver who has been denounced after appearing in a video broadcast on social networks by a group of cyclists to report a dangerous overtaking.

“The client received a call from the police station to view the video and according to his version that was not the case, nor was he, nor was he there,” explain the lawyers of the fine management company. “The Judgment says that the video in question is not included in the file, and that the Agent, which is ratified, did not see the infraction,” they add.

new regulation of the DGT to overtake cyclists with the car

Fine of 500 euros and 6 points

Pyramid Consulting’s lawyers appealed the sanction of 500 euros and removal of six points from the driving license imposed on the driver.

The sentence handed down by the judge says, verbatim: “in this case, we are faced with an infraction that is not directly observed by the agents, nor captured by other usual means, but rather the filming of a video that accesses social networks and is viewed by agents.

“Therefore, the appellant has the right to admit the proposed evidence, since the mere denunciation and ratification does not constitute per se an absolute presumption, but there is evidence against it and these were precisely the ones proposed by the appellant, taking into account the circumstances of this case, not the mere ratification of the complaint”, he adds.

Without evidence there is no sanction

“At Pyramid Consulting, we have spent years raising awareness of the importance of a good defense against all kinds of traffic and transport sanctions,” recall the lawyers. “It is essential to argue well in the face of defenselessness like this (complaints for disseminating videos on social networks) that are becoming more common,” they add.

Requesting the evidence, arguing the facts well and building a defense resource is the way to appeal this type of sanctions.

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