Judge Rejects Jail for Driver in Fatal Oliola Crash
Family of killed dance instructor Carlos Manuel Miguel loses appeal for driver's pretrial detention despite drunk, drugged speeding.
Key Points
- Driver impaired by alcohol/drugs, sped 50km/h over limit, veered into oncoming lane.
- Judge: No evidence of intent; fatal outcome unforeseen.
- Current curbs: No licence/passport, Spain stay, court appearances.
- Family outraged, plans protest and ILP for harsher DUI crash penalties.
The investigating judge in Balaguer has dismissed a fresh appeal from the family of Carlos Manuel Miguel, the 36-year-old Latin dance instructor and Andorran resident killed in a crash on Spain's L-313 road near Oliola in the Noguera region on 5 October last year.
The family's latest request sought provisional jail time for the driver or, alternatively, detention avoidable with a €50,000 bond to address potential civil liability. They cited the driver's public danger, flight risk, and an incorrect initial assessment of the facts. The judge rejected all arguments, maintaining that no evidence supports claims of intentional misconduct despite the driver's impairment from alcohol and drugs, plus speeding 50 km/h above the limit.
Court records indicate the driver veered into the oncoming lane, attempted to steer back but failed to see Miguel's vehicle in time, and that the fatal result was neither sought nor foreseen. Current restrictions—licence and passport withdrawal, a ban on leaving Spain, and mandatory court appearances—remain proportionate and effective against evasion, the judge ruled. Allegations of prior offences lacked substantiation, and driving without a licence would trigger fresh charges. The proposed bond was deemed insufficient for financial obligations and irrelevant to attendance.
Miguel's family voiced deep outrage, calling the outcome baffling. "He exceeded the speed limit and was under the influence of alcohol and drugs—it makes no sense that he's still free," they said. They are seeking Balaguer town hall permission for a protest outside the courts and await approval from Spain's College of Notaries to launch an initiative législative populaire (ILP) for harsher immediate penalties in fatal crashes involving impairment.
Original Sources
This article was aggregated from the following Catalan-language sources:
- Diari d'Andorra•
Indignació per la no entrada a presó del conductor de l’accident mortal a Oliola
- Diari d'Andorra•
El jutge desestima la petició de presó per al conductor de l'accident mortal a Oliola
- Altaveu•
Desestimen empresonar el conductor de l'accident d'Oliola com pretenia la família del resident mort