The crime reckless driving occurs when a person drives any motor vehicle or moped recklessly. With this action, the integrity, health and life of people who travel on public roads are at risk.
The reckless driving It is a crime because the main driving rules established by law are violated. The definition of this crime is found in article 380 et seq. of the Penal Code.
What is the crime of reckless driving?
so that the reckless driving offense exists, it is necessary that the driving be reckless and that it be evident. The declaration of the crime of reckless driving requires that the conditions established in article 380.2 of the Penal Code are met. These conditions are the following situations:
The driver on urban roads must exceed the speed limit established by law by more than 60 km/h. Just like when the speed limit is exceeded on interurban roads by more than 80 km/h. This is stipulated in article 379.1 of the Penal Code
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
When the driver drives with a level of alcohol in the air greater than 0.60 mg/l, he will be driving recklessly when. This according to the provisions of article 379.2 of the Penal Code.
He reckless driving offense It is not only sanctioned when people are injured or killed. For the application of the sanctions it is only necessary that the driver endangers the legal assets that are the physical integrity, health and life of people.
Types of reckless driving offenses
He Article 380 of the Penal Code establishes that the reckless driving offense It can be developed in two types, they are the following:
Crime of driving with presumed recklessness
Article 380, paragraph 2 states that the offense is committed reckless driving offense when presented with the following behaviors:
When driving on interurban roads is carried out at a speed greater than eighty kilometers per hour and on urban roads at sixty kilometers per hour.
In cases where the driver has an alcohol level in blood greater than 1.2 gr/l or in breath greater than 0.60 mg/l.
When these cases occur, it is not necessary to certify the dangerous situation to establish a punishment, but both behaviors must occur at the same time. This is because the conduct itself is already a serious danger to road safety. This conduct is punishable by the penalty of the crime manifest reckless driving.
Crime of reckless driving with manifest contempt for the lives of others
He Article 381 of the Penal Code adds to reckless driving offense the manifest disregard for the lives of others. The maximum seriousness is added to this crime because it is not only driven in a reckless manner and the chances of causing death or an injurious result are greater.
This type of reckless driving offense is known as suicidal driving and is considered an attempt to homicide willful. The sanction applied to this type of crime is a prison sentence of between two and five years and a fine of between twelve and twenty-four months. The sanction establishes the deprivation of the right to drive for six to ten years.
What is the penalty for the crime of reckless driving?
The penalty imposed for the reckless driving offense are the following:
Article 380 of the Penal Code establishes a prison sentence of between six months and two years plus deprivation of the right to drive for one to six years. In cases where the integrity or life of people is put at risk.
The penalty for the overt reckless driving It is imprisonment for between six months and two years plus the deprivation of the right to drive for one to six years.
In cases where the integrity or life of people is put at risk and a clear contempt for the lives of others is manifested. Article 381 of the Criminal Code establishes a prison sentence of between two and five years, a fine of between twelve and twenty-four months and the deprivation of the right to drive between six and ten years.
Manifest recklessness with contempt for the lives of others carries a prison sentence of between one and two years. In addition deprivation of the right to drive between six and ten years and a fine between six and twelve months. As established in article 381 of the Penal Code.