This past weekend in Spain, public attention was drawn to a traffic incident involving the well-known torero Cayetano Rivera. His car crashed into two palm trees at a roundabout near the entrance to a residential complex in Alcalá de Guadaíra, in the province of Seville. After the collision, the driver did not wait for the police and left the scene of the accident.
Witnesses claimed that Rivera had spent the evening in a bar drinking alcohol. Later, police officers arrived at his home to conduct a breathalyzer test, but Cayetano refused to take it. Only after some time did he go to the police station on his own to give an explanation and retrieve his car from the scene.
Legal experts note that actions like these can result in several types of liability. First and foremost, there is the obligation to compensate for damage to municipal property—the damaged palm trees belong to the city, and the administration has the right to demand compensation for their restoration. In addition, violating traffic rules by careless driving is classified as a serious administrative offense. This can result in fines and a reduction of points on the driver’s license.
Particular attention is given to the fact that the scene of the accident was left. According to current legislation, the driver is required to remain at the scene until the police arrive. Leaving without permission results in additional fines and the loss of points. Had Rivera ignored a direct order from law enforcement officers, the incident could have become a criminal matter, carrying a real prison sentence.
The most serious offense in this incident is considered to be the refusal to take a breathalyzer test. Under the Spanish penal code, this is classified as a crime punishable by up to one year in prison and a driving ban of up to four years. Such cases are handled in court, and the penalty depends on the circumstances and the defense’s arguments.
Lawyers point out that the defense does have an opportunity to seek mitigation. If it can be proven that after the accident the driver was in a state of shock and did not understand the police’s demands, the refusal to take the test could be reclassified as an administrative offense. In this case, the punishment would be less severe, since there was no intent.
Cayetano Rivera is currently awaiting a hearing that will determine exactly what penalties he faces. The case has drawn attention not only because of the participant’s status, but also due to the seriousness of the potential consequences for any driver in a similar situation.
