Legislator Case Law & Legislation
IV Ka 110/15 AI generated

Court partially allowed appeal by modifying a driving ban to exclude heavy vehicle categories due to low alcohol level.

Case Number IV Ka 110/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court partially modified the first-instance judgment regarding a driving ban imposed on the defendant for drunk driving. While the defendant argued the six-month ban on all vehicles was disproportionately severe, the court acknowledged the low alcohol concentration indicated a relatively minor threat to public safety. Consequently, the ban was adjusted to exclude heavy vehicles requiring categories C and E, preserving the defendant's ability to work as a tow truck driver.

Legislator headnote

AI generated

Art. 87 § 3 k.w.; Art. 438 pkt. 4 k.p.k.: A driving ban for all vehicles may be modified to exclude heavy vehicle categories if the low alcohol level suggests the offense was incidental and the total ban would cause disproportionate hardship to the offender's livelihood.

Keywords

AI generated
drunk driving penalty disproportionate punishment driving ban modification proportionality principle heavy vehicle exclusion incidental offense appellate review

Cited Legislation

AI generated
Art. 87 § 3 k.w.
Art. 29 § 3 k.w.
Art. 438 pkt. 4 k.p.k.
Art. 437 § 1 k.p.k.
Art. 634 k.p.k.
art. 88 k.k
art. 97 k.k
art. 438 pkt 4 k.p.k

Cited Case Law

AI generated

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