This is the reflexive critical analysis of Articles 66 and 108 of Act 769 of 2002, the national traffic code which states the curb as a penalty in a traffic accident and failure to retain their respective distance to avoid collisions between vehicles reason whereby a dichotomy between the rules for their interpretation and application by the public actor such as the police or agent who arrives at a loss to determine an actor's alleged lack of caution is established. But what happens when the actor decides to apply the sanction of resolution 119 11268 of December 6, 2012 implying that one should not stop without just cause and in turn imposes article code 121 108 not keep their distance generating empty to the, improbable legal and social unrest. This study determines the importance of which must be justified and should not incorporate the fact curb as a sanction in a traffic accident.