The court overturns a DGT fine for talking on a cell phone while driving based on the "presumption of innocence."

In Spain, a fine for using a mobile phone while driving a vehicle carries a fine of 200 euros and a six-point deduction from your driver's license, due to the fact that it causes a distraction while driving.

However, the 15th Administrative Court of Madrid, in a ruling dated May 26 , withdrew a fine from a driver who was stopped by traffic officers after they noticed him talking on his cell phone while driving .

Why has the court overturned the sentence?

The ruling states that it cannot be confirmed that the driver was talking on his cell phone , since he was not making a phone call at the time and date of the fine, so the ruling argues for his presumption of innocence .

In short, the judge specifies that the Administration must "provide the case file with evidence proving the alleged facts and their legal classification in order to overturn the constitutionally guaranteed presumption of innocence." In conclusion, the fine was based solely on the principle of authority of the traffic officers who sanctioned the driver, and this evidence is insufficient to determine the sanction.

Can you get fined for touching your GPS while driving?

The Directorate General of Traffic establishes that using a GPS while driving is prohibited . This means you may not manipulate the device, search for addresses, or even briefly touch the screen while driving. The penalty for doing so is the same as for using a mobile phone : since 2022, with the new Traffic Law , it carries a €200 fine and the loss of six points on your license.

To avoid distractions while driving, it's recommended to plan your route before starting to drive, preferably while the vehicle is parked . Additionally, some GPS navigators include hands-free functions, which are authorized for use while driving.

Where should the GPS be installed correctly?

This is one of the most common questions among those who use these devices. The DGT (Directorate General of Traffic) has offered several recommendations for proper placement . The most important thing is that the navigator does not obstruct the driver's vision.

For this reason, it is prohibited to place it directly in front of the steering wheel . Regarding its location within the vehicle, the DGT suggests installing it at the bottom of the windshield, as close to the dashboard as possible . It also clarifies that it doesn't matter whether it's placed to the left or right of the steering wheel, as long as it doesn't impair visibility.