Cuenca court acquits driver after 228 km/h hospital trip

The Audiencia Provincial de Cuenca has overturned a driver’s conviction for a road-safety offence and acquitted him, ruling that the defence of necessity applied after he drove his seriously ill daughter to hospital at 228 km/h.

The decision concerns a journey on 17 April 2025, when the man was travelling with his wife and daughter. The court’s account says the family headed to a hospital in Albacete after the girl developed symptoms that led her parents to fear for her safety.

Why the court acquitted him

The judges said the defence of necessity requires a current and very serious risk to a protected interest. They found that the girl’s health and integrity were at risk, that a harmful outcome appeared imminent and highly probable, and that prompt action was needed to protect her.

The court upheld the appeal against the earlier conviction and acquitted the driver in full. The judgment is not final and can be challenged in a cassation appeal to Spain’s Supreme Court.

Sources: General Council of the Judiciary.