In the legislation of El Salvador, reckless driving is a significant traffic offense that typically involves driving a vehicle in violation of road safety rules, endangering other drivers or pedestrians.This topic was discussed in one of the episodes of “Los 5 minutos legales” on Radio Femenina, with our partner, Rubén Rivas, as the guest.

Our expert explained on the program that reckless driving, according to the Penal Code of El Salvador, “is a crime considered abstract because the person who commits this crime is presumed to endanger the life or physical integrity of others.”

Rivas stated that the law regulates four scenarios: violating road safety rules; driving under the influence of alcohol or drugs that impair the ability to drive; disputing the road with other vehicles; and engaging in speed competitions on public roads without prior permission from the competent authority.

Our head of the Litigation and Arbitration Department also brought up the topic of the alcohol concentration test commonly used to determine if a person has been drinking recently. “It is not mandatory for people to undergo this type of test. Individuals have the right to tell the authorities that they will not take the alcohol test; however, it has consequences,” he noted.

Similarly, Rubén explained that this offense can be punished with imprisonment from 2 to 3 years. The penalty will be 3 to 6 years of imprisonment when it comes to reckless driving of a public or cargo transportation vehicle.

In case of committing such a crime, our lawyer states that an important strategy that can be employed is the search for alternative solutions. In this regard, it involves the suspension of the criminal proceedings, which consists of requesting benefits from the judge, such as imposing measures like abstaining from the consumption of alcohol or drugs and attending rehabilitation programs.

“The judge may consider conditional suspension of the proceedings for a period of not less than one year and not more than four. If the person complies with the imposed measures, after the specified time, the result is a definitive dismissal,” explained our lawyer.

For more information, you can contact the legal team at Torres Legal. You can find us on our social media platforms: LinkedIn, Facebook, Instagram, Twitter, and YouTube, or visit our offices.