WHAT IS THE RECKLESS DRIVING?
WHAT EXPLAINS THE PENAL CODE ON RECKLESS DRIVING
The Penal Code punishes the conduct of those who drive a motor vehicle with manifest recklessness endangering the life or integrity of another person.
Specifically, it is punishable by prison sentences of up to 2 years and deprivation of a driving license for up to 6 years, and driving is considered to be manifestly reckless when driving at excessive speed and with an alcohol level above the absolute limit, a disability that is fixed at 1.2 grams per liter in blood.
It is necessary to show recklessness in driving, which is known as serious negligence, and it is necessary to demonstrate that the violation of the rules of the slightest diligence is clear and completely evident.
Some examples that could be considered reckless driving would be making a prohibited turn over the median, driving a moped at high speed forcing pedestrians to move out of the way, driving a moped on the sidewalk or through parks, getting too close to another vehicle, colliding with it and taking it off the road, overtaking vehicles traveling in a caravan near a curve without visibility, etc.
Apart from the need to prove this manifest recklessness, there is a presumption of its existence when the circumstances of excessive speed and a blood alcohol level of 1.2 grams per liter in blood or 0.6 mg per liter of air aspirated occur together.
For this crime to be perfected, it is necessary that there is a specific danger, without the mere driving that can be classified as reckless being sufficient.
The person placed in danger cannot be considered to be the driver himself, but rather the occupants of the vehicle unless they voluntarily consent by participating in this risk, and it is sufficient that a single person is put in danger without the need for there to be an identification of it.
It can be considered that in emergency situations and exceptionally this reckless driving may be allowed as long as the way to do it is proportional to the benefit sought and the risk that it originates. For example, the driver of an ambulance who goes into an emergency situation and exceeds the permitted speed limits, but without an urgent need to reach these speeds, causing danger, can be convicted of that crime.
There is a modality of this crime that aggravates reckless driving and its consequences, such as homicidal driving, punishable by imprisonment of up to 5 years, a fine of up to 24 months, and deprivation of a driving license for up to 10 years. who with manifest contempt for the lives of others, carries out driving as described above.
Examples of this way of driving and of the possibility of being sentenced to a much more serious penalty are those of those who drive in the opposite direction to the direction of the road; the one who voluntarily collides with another vehicle; the one who drives on a road or pedestrian street at excessive speed running over someone; the one who gets too close to another vehicle, hits it and takes it off the road, or brakes abruptly once it has passed it; the fact of driving while another person is placed on the driver, etc.
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