Article 380 Spanish Criminal Code: Reckless Driving Endangering Life

Article 380 of the Spanish Criminal Code punishes driving with manifest recklessness that places the life or physical integrity of others in concrete danger. The penalty is imprisonment of six months to two years together with a driving disqualification of more than one and up to six years. The second paragraph contains a statutory presumption of manifest recklessness: driving at the excess speeds set out in article 379 combined with the levels of intoxication described there is deemed manifestly reckless. The article is charged after incidents on the AP-7 and the coastal roads of the province of Alicante where no accident occurred but a specific danger was created.

Wording of Article 380 of the Spanish Criminal Code

Elements of the offence

1. Manifest recklessness, understood as a grave and obvious breach of the most elementary rules of care, apparent to any observer.
2. A concrete danger to the life or physical integrity of identified persons. An abstract danger, or a danger only to the driver, is insufficient: the provision requires that specific persons were exposed.
3. The statutory presumption of the second paragraph, which combines the excess speeds of article 379.1 with the intoxication levels of the second part of article 379.2.
4. Intent as to the reckless driving, although not as to any result. Where the driver intended a result, the offence is one of homicide or bodily harm.

Defence strategy

Absence of concrete danger. The offence is not complete without persons actually exposed to the danger. Driving at speed on an empty road at night, on a closed section or on a road without pedestrians does not satisfy the element, however serious the breach of the traffic rules. The defence establishes the state of the road from the traffic control records, the recordings of the road authority and the accounts of the officers as to who else was present, since the report frequently asserts danger without identifying anyone exposed to it.

Manifest recklessness distinguished from a serious infringement. A serious infringement of the traffic rules is an administrative matter; manifest recklessness is a criminal one. Overtaking on a continuous line, crossing a red light or exceeding the limit are habitually charged under this article when they amount to no more than the administrative infringement. The distinction rests on the accumulation of breaches and on the conditions at the time, and it is developed with the reconstruction of the manoeuvre rather than with the officers’ characterisation of it.

Challenging the statutory presumption. Where the presumption of the second paragraph is relied on, the case depends on the speed measurement and on the intoxication analysis. The calibration and verification certificates of the radar device, its positioning, the margin of error applicable to the reading, and the chain of custody of any blood sample are examined in full, because the exclusion of either element removes the presumption and returns the case to the general requirement of proved manifest recklessness.

The disqualification and its practical consequences. For a foreign resident who drives for work, the disqualification is frequently more damaging than the custodial sentence, which will ordinarily be suspended. The defence therefore addresses the length of the disqualification specifically, with evidence of the professional need to drive and of the absence of any previous record, and considers whether an agreed disposition at the minimum of more than one year is achievable in exchange for an early plea.

• Article 379: drink driving
• Article 381: manifest disregard for life
• Road accidents and negligent driving
• Spanish-language entry

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.