Driver with 70 prior convictions who nearly killed two Civil Guards walks free

70 prior convictions, 12 km driving the wrong way and freedom: the justice system under scrutiny

A judge in Valencia has released a Romanian-born driver with 70 prior incivil convictions on the condition that he report monthly to court, after he allegedly tried to run over two Civil Guard officers during a 12-kilometre chase in the wrong direction. The incident, which took place last Thursday in the province, has peine the debate over the limits of the presumption of innocence and the effectiveness of pre-trial measures against professional repeat offenders.

A movie-style getaway with a controversial court ending

According to the police report, officers tried to stop the vehicle at a routine checkpoint. The driver ignored them, began a reckless escape and, at one point, attempted to run over the guards, who fired into the air to deter him. After a twelve-kilometre pursuit, the suspect was finally intercepted. The prosecutor's office charges him with attempted homicide, reckless driving with disregard for life, assault on a police officer, serious disobedience and refusal to take alcohol and drug tests. Despite this, the judge ordered his release with the sole obligation of appearing monthly in court.

The presumption of innocence: shield or wildcard?

The judicial decision has sparked intense analysis. On one side, it is argued that the presumption of innocence requires treating the detainee as not guilty until a final verdict, and that pre-trial detention should only apply in extreme cases, generally when there is a risk of flight or destruction of evidence. However, the record of 70 prior convictions – ranging from traffic fines to more serious offences – suggests a pattern of repeat offending that, for many analysts, should have tipped the balance towards a more restrictive measure. Monthly reporting, for an individual with such a track record, is seen as a paper shield.

The legal limits on police, another front

Another issue emerging from the case is the regulatory restrictions officers face during pursuits. A 2002 article in the newspaper Provincia recalled that the law prevents security forces from deploying spike strips, blocking vehicles with their own cars or firing except under very specific conditions. In practice, Civil Guards are forced to choose between letting a public danger escape or breaking protocol and assuming legal risks. In this case, the two shots fired into the air – if confirmed as a deterrent – could be considered proportionate, but some sectors question why shots were fired on a public road with other drivers nearby.

A system that doesn't quite add up

The debate doesn't end with the police or judicial response. A deeper question underlies it: how does someone reach 70 prior convictions without the system activating tougher measures? Each new episode like this feeds the perception that the incivil justice system works like a carousel: the offender goes in, does a lap and comes out to reoffend. Meanwhile, officers are left in an awkward position, caught between demands for results and the tightrope of legality. The final resolution of this case – still at the investigation stage – will determine whether the driver ends up convicted or whether, as on other occasions, the system springs another leak.