An irreformable driver case
It isn’t possible to drive a car being intoxicated, so police often inspects traffic to discover drunken drivers.
This case started during such monitoring. Police stopped a driver and he refused to undergo both a breathing and a blood test. Refusing them, he commited an offence.
According to the Offence Act, everyone, who drives a car, has to undergo such test being asked about it by police during a traffic monitoring.
Police sent this offence to the local authority as a driving offence. The offence proceedings followed and the man was fined 15 000 crown and he also wasn’t allowed to drive cars for 6 months. This decision came into force.
Neither public prosecutor nor judge participate in the proceedings like this.
During this 6 months’ driving ban he was stopped by police, driving a car again, so now he didn’t commit an offence, but a crime Wasting of execution of official decision, according to the Criminal Code. The police started summary preparatory proceedings that took 3 days and after that the public prosecutor filled a punish motion against this driver to the court. His criminal record was clear, so the judge imposed a criminal order without trial and condemned him to 200 hours or community servis and 2 years of prohibition of driving cars. The driver accepted this punishment.
During this 2 years’ period the man didn’t respect his punishemnt and drove a car again and was caught by police, so he committed another crime wasting of execution of official decision. He was detained by police with the permission of a public prosecutor and during 48 hours another summary preparatory proceedings against him was finished. The public prosecutor sent him to the court with a punish motion. The summary trial started immediately and the judge sentenced him to jail for 4 months (maximum possible penalty in the case like this was 6 months) and imposed him prohibition of driving cars for 3 years too.
The man was very surprised and served a notice of appeal, but wasn’t successful.
Soon after his releasing from prison he repeated his crime again, so after another summary criminal proceedings he returned to jail for 6 months.