IV Ka 1140/17
AI generated
Court allows partial appeal by counting police detention of license as part of driving ban period.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially overturned the lower court's decision regarding the calculation of the driving ban period. The defendant argued that the ban should not count time spent without the license, while the court held that the period of actual police detention must be included. Consequently, the court recalculated the ban to start from the date the police seized the license rather than the date the court issued the order.
Legislator headnote
AI generatedArt. 29 § 4 k.w.; Art. 29 § 3 k.w.: The period of actual detention of the driving license by police officers must be counted towards the imposed driving ban, not the period of non-possession by the defendant.
Keywords
AI generated
driving ban calculation
license detention period
appellate review
police seizure
Code of Offenses
Cited Legislation
AI generatedArt. 29 § 4 k.w.
Art. 29 § 3 k.w.
Art. 121 § 1 k.p.o.w.
Art. 624 § 1 k.p.k.
Cited Case Law
AI generatedKomentarz do art. 29 Kodeksu wykroczeń T. Grzegorczyka teza 5
Related Decisions
AI generatedII Ka 703/15
Court dismissed appeal against driver ban, ruling lost license card does not equal loss of driving rights.
IV Ka 386/16
Court reduced one-year driving ban to nine months for minor alcohol excess due to necessity of license for work.
IX Ka 688/14
Court shortens driver ban from 10 to 6 months due to mitigating family and financial circumstances.
VI Ka 454/18
Court reduced three-year driving ban to one year for drunk driving, finding it disproportionately severe for an isolated incident.
II Ka 182/15
Court quashes drunk driving verdict due to unexamined prior foreign conviction for similar offense.