Drunk Drivers and the Law

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Bartosz Kośmieja
Bartosz Kośmieja

If:

I. You were stopped by police for a sobriety check

II. Traces of alcohol from the previous day or consumed several hours before driving were detected in your system,

III. Your driver's license was confiscated, which is essential for your work or daily functioning,

IV. You don't know what to do or how to proceed in this situation,

V. You want to find out what the real consequences may be related to committing this act, and above all what options you have to get out of this situation

Don't wait, call.

In Poland, police officers catch thousands of drivers each year driving under the influence (Article 178a of the Penal Code) or after using alcohol (Article 87 of the Misdemeanors Code) – drivers who are not always aware that there are still traces of alcohol in their system. Although this crime is punishable by a severe penalty (imprisonment), and in the case of a misdemeanor by a fine or even arrest, it does not have to be this way in every case.

There are a number of possible solutions, ranging from dismissal of criminal proceedings, to conditional discontinuation of proceedings, voluntary submission to punishment, and in rare cases even acquittal of the alleged offense. Which solution is best to apply for depends, of course, on the specific case. After commissioning the case:

  1. I take over contact with law enforcement agencies (police and prosecutor's office),
  2. I request access to the case files and conduct a thorough analysis of them,
  3. I check whether: a) the measurements were performed correctly, b) the devices on which they were performed had the necessary certificates and legalizations, including whether they were properly calibrated, c) the officers who made the stop were properly trained in their use, and moreover, whether they followed all legally required procedures, including informing you of your rights,
  4. I develop a strategy, proposing the best solution tailored to your situation,
  5. I participate with you in all activities during the preliminary proceedings (e.g., interrogation at the police station or prosecutor's office), as well as during court hearings,
  6. I prepare appropriate documents, file complaints, or other appeals

I guarantee:

  1. a reliable approach to the case,
  2. experience in many similar cases,
  3. affordable, transparent and reasonable costs, adequate to the type of case,
  4. a real opportunity to improve your situation.

Don't let a passive attitude and lack of response cause the imposed penalty to be excessively severe and disproportionate to the situation, and ignorance of the law to work against you. Take the initiative and attempt to fight to reduce the effects of what is often an incidental, one-time event by attempting to:

  1. avoid a severe penalty,
  2. regain your driver's license or minimize the time of the ban,
  3. protect yourself from vehicle forfeiture (when its ruling is mandatory due to circumstances),
  4. prevent an entry in the National Criminal Register (KRK).

I operate throughout Poland, especially in Lower Silesia, Opole, and Greater Poland voivodeships. I provide both remote consultations by phone at +48 507 832 500 to expedite taking the desired actions, as well as directly at the Office at Pl. Legionów 12/13 in Wrocław after prior telephone appointment for an in-person visit. Attorney Bartosz Kośmieja

Contact Us

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Address

plac Legionów 12/13, 50-045 Wrocław