The law states that conducting car intoxicated on public roads is prohibited. Do the same regulations also apply to private properties? According to the ruling of the District Court in Rybnik, everything should come down to the definition of land traffic. This issue was explained by referring to a certain case under consideration.
He moved his car under the influence of alcohol, but he was on his property. The court explains
As described by the portal autokult.plthe court in Rybnik issued judgment concerning a person who, being drunk, got behind the wheel car and drove it through the entrance gate. Another driver then drove out of the property in the car. This case concerned a possible penalty for driving under the influence of alcohol (1.70 mg/l in exhaled air).
Interestingly, the driver was acquitted because the court referred to the interpretation of the definition of land traffic, which, according to the Supreme Court ruling of 5 May 2009 covers not only traffic on public roads and in residential zones, but also in places accessible to the general public.
Definition of land traffic. Yards are not to be included in it
According to the decision of the Supreme Court of August 20 1976 private yard of a residential house is not a place for land traffic because it does not have characteristic common features. A given property is not publicly available and cannot be used by an unlimited number of people.
The court also emphasised that road traffic regulations may be applied outside public roads, but only in the case of places where traffic takes place to ensure the safety of its participants.