Proceedings of the authority agent is one of the topics in the General rules block of the Spanish DGT theory. Defines who the traffic rules apply to and where, the basic definitions and the principles behind the whole theory. Understanding this section well helps you answer the theory-exam questions on this topic with confidence.
In practice, this comes down to the following:
- Describe precisely, in the complaint report or in the report of the proceedings carried out, the procedure followed to carry out the alcohol detection test or tests, stating the data necessary for the identification of…
- Record the warnings given to the interested party, especially the right to verify the results obtained in breath alcohol detection tests through appropriate analyses, and certify in the proceedings the tests or analyses…
- Take the person being examined, or the person who refuses to undergo alcohol detection tests, in cases where the facts have criminal characteristics, in accordance with the rules of the Criminal Procedure Law, to the…
In short, the rule makes sure every road user knows what to expect in this situation.
The exam often asks where and to whom these rules apply; read the options carefully, as they frequently change a single word.
If the result of the second test carried out by the agent, or that of the analyses carried out at the request of the interested party, is positive, or when the person driving a motor vehicle shows obvious symptoms of doing so under the influence of alcohol or appears to be allegedly involved in criminal conduct, the authority agent, in addition to complying, in all cases, with the provisions of the Criminal Procedure Law, must:
- Describe precisely, in the complaint report or in the report of the proceedings carried out, the procedure followed to carry out the alcohol detection test or tests, stating the data necessary for the identification of the detection instrument or instruments used, whose generic characteristics shall also be detailed.
- Record the warnings given to the interested party, especially the right to verify the results obtained in breath alcohol detection tests through appropriate analyses, and certify in the proceedings the tests or analyses carried out at the health centre to which the interested party was transferred.
- Take the person being examined, or the person who refuses to undergo alcohol detection tests, in cases where the facts have criminal characteristics, in accordance with the provisions of the Criminal Procedure Law, to the corresponding court for the appropriate purposes.
❓ Frequently asked questions
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Does this topic appear in the DGT theory exam?
Where is it regulated (Article 24)?
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