Two individuals who threw lit cigarette butts from their car in Cadiz will face several years in prison.

On August 18, a patrol from the Civil Guard noticed that lit cigarette butts were being thrown from the passenger seat of a vehicle onto the side of the road , causing the risk of fire, so they signaled them to stop using light and acoustic signals .

At that moment, the offending car began to flee at high speed , driving recklessly and endangering other passengers. Eventually, the car went out of control and crashed in the town of Ubrique (Cádiz ). After the accident, the two occupants were arrested and given drug and alcohol tests, yielding positive results for cocaine and opiates .

What criminal consequences can this have?

Firstly, the General Traffic Regulations specify in Article 6 that "it is prohibited to throw onto the road or in its vicinity any object that could cause fires or, in general, endanger road safety", establishing a serious infringement according to the Road Safety Law that carries a fine of 500 euros and the deduction of six points .

On the other hand, if that cigarette butt thrown out the window causes a fire, it may constitute an environmental crime as defined in Article 352 of the Penal Code : "Those who set fire to mountains or forests shall be punished with imprisonment of one to five years and a fine of twelve to eighteen months." In addition, Article 353 increases the penalties : "The acts referred to in the previous article shall be punished with imprisonment of three to six years and a fine of eighteen to twenty-four months when the fire is particularly serious."

What road safety offenses could the driver commit?

First, the driver could be prosecuted for being behind the wheel of "a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances, and alcoholic beverages," as specified in Article 379 of the Penal Code .

In addition, he could also be charged with a crime under Article 380 for driving "a motor vehicle with manifest recklessness" endangering the life or integrity of others, which would be aggravated if the judge considers that such driving was "with manifest disregard for the life of others," specified in Article 381 .

Possible punishment for crimes against road safety

For driving under the influence of drugs , the Penal Code establishes a "penalty of imprisonment of three to six months or a fine of six to twelve months or community service of thirty-one to ninety days, and, in any case, deprivation of the right to drive motor vehicles and mopeds for a period of more than one and up to four years."

Reckless driving can lead to "imprisonment sentences of six months to two years and deprivation of the right to drive motor vehicles and mopeds for a period of more than one and up to six years" and if it puts the life of others at risk (article 381) , the punishment will be "imprisonment sentences of two to five years, a fine of twelve to twenty-four months and deprivation of the right to drive motor vehicles and mopeds for a period of six to ten years".