Pravni Zapisi (Jan 2017)
The imposing of sanctions related to the traffic offences for driving under the influence of alcohol in the Republic of Croatia
Abstract
The introduction of the research paper provides definitions of traffic offences and misdemeanor sanctions, and points to the hazards of driving under the influence of alcohol, providing also statistical data on traffic offences and traffic accidents caused by the drivers driving under the influence of alcohol. The second and the third section of the research paper present the legal regulations on the penalties for driving under the influence of alcohol, i.e. the traffic law enforcement by the police on persons driving under the influence of alcohol. The central section of the research paper contains the rules on the conditions and the competent authorities for the imposition of the safety measure of the prohibition of driving a motor vehicle for road traffic law offenders, with the statistics on the implementation of the afore-mentioned safety measure against persons driving under the influence of alcohol accompanying them (the rules). It also contains the cited reasonings of the judgments of the first instance Magistrates' Courts and the High Magistrates' Court of the Republic of Croatia. The fifth section of the research paper describes the legal consequences of a conviction for the traffic offence of driving under the influence of alcohol. The authors of the research paper conclude that driving under the influence of alcohol is extremely dangerous for the driver himself, as well as for the other road users, and that the legislation and the case law regarding the sentencing and the imposition of the safety measure of the prohibition of driving a motor vehicle, taking into consideration the general and specific purpose of misdemeanor sanctioning policy, needs to be unified and more stringent.
