A Polish court upheld the forfeiture of a drunk driver’s car, rejecting claims of disproportionate punishment and unequal treatment.
Court Rejects Appeal, Upholds Vehicle Forfeiture
The Regional Court in Rybnik dismissed an appeal from a driver convicted of driving under the influence (Article 178a of the Penal Code). The initial ruling included a six-month suspended sentence, a four-year driving ban, and the forfeiture of the vehicle.
The driver argued the forfeiture violated constitutional principles of proportionality and individualized sentencing. However, the appellate court disagreed.
Discretion in Sentencing, But Clear Legislative Intent
The court acknowledged judicial discretion in sentencing but affirmed that the legislature provided sufficient leeway for ordering vehicle forfeiture. It noted that an exception to forfeiture requires “exceptional circumstances,” a deliberately vague standard.
The court stated this ambiguity is intentional, allowing judges the necessary flexibility while still upholding the law’s intent.
Awareness of Risk and Value of Vehicle
The court also rejected arguments about disproportionate punishment based on varying vehicle values. It reasoned that any driver choosing to operate a vehicle while intoxicated is aware of its value and assumes the risk of losing it.
The court emphasized that the potential loss of the vehicle is a foreseeable consequence of drunk driving, and comparing the value of different vehicles is an unacceptable simplification.
Legal Basis
The ruling stems from the Regional Court in Rybnik’s decision on March 9, 2026, case file number VI Ka 11/26.