“Contradicción jurídica de los arts. 145.1. 145.3. con el art. 97 de la ley orgánica de transporte terrestre tránsito y seguridad vial, en relación a la rebaja de puntos en las licencias de conducir para las contravenciones muy graves”

This research consists of the existing problems in Article 97 of Law on Land Transport, Traffic and Road Safety establishes the scoring system applied to driver's licenses. These licenses will be awarded 30 points for their regular term of five years term, and a set point reduction will be used for each violation. But before the reform of the Code Integral Criminal recorded that for very serious offenses, 10 points will be reduced to the license. Today with the amendment to article 97 of the Law on Land Transport, Traffic and Road Safety has no table for point reduction to driver's licenses. In very serious offenses against a bill that was to the Organic Law of Land Transport, Traffic and Road Safety Art. 71 of Law s / n, RO 415-S, 29-III-201, currently disappeared with Integral Code of Criminal Procedure, which indicated that increases rebate points 15-30 points, which goes against the principle of legality, because there was a contradiction between table rebate points was the Art. 97 of the said Act, which established the reduction of 10 points to driver's license in the case of very serious infringements, while in the reform of the Organic Law of Land Transport, the reduction increases 15- 30 points in the same class of very serious offenses. If contemplated in Article 97 of the Law on Land Transport, Traffic and Road Safety, the reduction of 10 points to driver's licenses for very serious offenses.; but on the other hand in these very serious offenses increased from 15-30 points to the driver's license is a legal contradiction in the application of the rule, causing legal uncertainty, people who have caused a traffic violation. This problem consists in the new Code of Criminal Integral, currently very serious infringements are known, in the new legislation, as a general traffic class, which are the most severe penalty tale, a fine and point reduction to driver's licenses, the latter being the reduction of ten points a driver's license contained in Article 386 of the Penal Code of Integral. But there is a legal contradiction in Article 384 of the same body of law is considered a misdemeanor driving a vehicle under the influence of narcotics, psychotropic substances or preparations containing it, with the reduction of fifteen points to the driver's license substances; because if it is considered a violation that is logical that the maximum rebate is imposed as mentioned points for traffic violations class, which is ten not fifteen, being considered a serious breach.

• Huvudupphovsman: González Chamba, Mayra del Carmen (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2015
• Ämnen: DERECHO; ARTS. 145.1. 145.3. CON EL ART 97; LA LEY ORGÁNICA; TRANSPORTE TERRESTRE TRÁNSITO Y SEGURIDAD VIAL
• Länkar: http://dspace.unl.edu.ec/jspui/handle/123456789/16599