20.9 C
Sunday, May 19, 2024

The Constitutional Tribunal ruled on the withdrawal of a driving license for driving while intoxicated

Must read

- Advertisement -

The Constitutional Tribunal ruled that it is unconstitutional to prevent persons who have been deprived of a certain category of driving license from regaining a driving license of other categories. – We have repeatedly pointed out that the provision allowing for the extension of the driving ban to categories other than those included in the court’s decision is not only unconstitutional, but also not right – assessed the lawyer, president of the employers’ organization Transport i Logistyka Polska Maciej Wroński.

It is, for example, a situation when a driver with a driving license of several categories is banned by the court from driving, for example, category B vehicles, i.e. passenger cars. Such a person must return the document to the staroste. The problem arises when the driver wants to obtain a duplicate driving license with other categories for which he is entitled, e.g. a motorcycle driving licence. Although the court judgment referred only to passenger cars, the Act on vehicle drivers prevented the recovery of other categories (Article 12(2)(2) and (3)).

Kara “can’t be a flail pounding all over”

Referring to the judgment of the Constitutional Tribunal, the lawyer, head of the Transporters’ Sobriety Society and president of the employers’ organization Transport i Logistyka Polska, Maciej Wroński, emphasized that although both drunk driving and significantly exceeding the speed limit are potential homicide, and the punishment for these offenses should be severe, ” she can’t be a flail pounding all over the place.”

- Advertisement -

– I fully agree with the judgment of the Constitutional Tribunal and support it. In a civilized world, if a professional driver commits such a reprehensible act privately, his driving license is taken away for private purposes, not for commercial purposes, Wroński noted.

He added that he repeatedly pointed out in conversations with the ministry that “taking away all the powers that only a driver has is not right.”

– If someone drives a passenger car intoxicated after his aunt’s name day, you have to take away his driving license even for a few years, so that he doesn’t go to that aunt’s name day anymore. However, let him continue to practice his profession, if, of course, the psychologist and the doctor did not say, for example, that it is a permanent problem resulting from alcohol addiction – he assessed.

The cameras in the tunnel under Świna are already working. Recordings of driver behavior are hair-raisingMarcin Bielecki/PAP

Referring to the provision challenged by the Constitutional Tribunal, he emphasized that during the period of prohibition in one category, it immediately had consequences in all other categories. “The provision is not constitutional from a legal point of view, because it is the court that determines the scope of the penalty. You cannot extrajudicially extend this penalty beyond the scope adjudicated by the court” – he noted.

He added that, for example, when issuing a judgment, the court often also takes into account the profession performed by the perpetrator and whether the perpetrator is an exemplary employee in terms of this profession.

– And then, e.g. a ban on driving in terms of category B, but it can also rule a ban on all categories. This is a court decision and you cannot extend a court decision by statute, he stressed. – After all, the court sentenced to a ban on driving category B, and not all others – he added.

Source of the case

A man who had a category 11 driving license filed a complaint to the Constitutional Tribunal in this case. He was arrested driving while intoxicated. The court banned him from driving for five years, for which a category B driving license is required. The man also had to return the driving license to the staroste. However, the driver applied to the staroste for a duplicate driving license for categories not covered by the ban. The mayor refused to issue the document. At the same time, he pointed out that, in accordance with the later challenged provision, a driving license may not be issued to a person who has been disqualified from driving a motor vehicle by a valid court judgment – during the period and scope of the prohibition. The man appealed against this decision to the Local Government Appeals Board, which upheld it. The driver’s complaints in this case were dismissed by the administrative courts of both instances.

As a consequence, the man filed a constitutional complaint with the Constitutional Tribunal, in which he emphasized that the challenged provision violates the principle of prohibiting repeated punishment for the same event. According to the complainant, in the challenged regulation, the legislator extended the prohibition imposed by the court. As he added, in the case of a ban on driving vehicles covered by a category B driving license, driving licenses of other categories, including categories C and D, are not returned to the driver. highlighted in the complaint.

The Tribunal ruled that it is unconstitutional to prevent people who have been deprived of a certain category of driving license from regaining a driving license for other categories.

“As a consequence, the administration authority may not deprive a person authorized to drive motor vehicles of certain categories of driving licenses of the right to recover a document confirming the possession of this type of entitlement in relation to motor vehicles that have not been banned from driving” – stated the Tribunal.

Main photo source: siekierski.photo / Shutterstock

Source link

More articles

- Advertisement -

Latest article