RASK represents client in landmark case on imposing supplementary punishment.
Case
RASK successfully represented a client in a landmark case before the Supreme Court of Estonia in relation to imposing a supplementary punishment for a traffic offence.
The dispute was about whether it was justified to deprive the client of driving privileges as a supplementary punishment in addition to a pecuniary punishment for a first time offence of driving a vehicle in a state of intoxication.
According to the Supreme Court judgement, for a first time offence of driving a vehicle in a state of intoxication, the deprivation of driving privileges as a supplementary punishment is rather exceptional and is justified only if the facts of the case give reason to presume that the person might commit such offences in the future (e.g. significantly exceeded the maximum permitted level of alcohol in the bloodstream, additional violation of traffic rules, reckless attitude towards the offence etc.).
This is a landmark judgement on the deprivation of driving privileges as a supplementary punishment for a traffic offence, which should give clear guidelines to the courts of first instance on how to impose supplementary punishments and prevent imposing supplementary punishments solely based on general preventative considerations. The overall importance of this judgement is amplified by the fact that traffic offences are one of the most common offences in Estonia.
The dispute was about whether it was justified to deprive the client of driving privileges as a supplementary punishment in addition to a pecuniary punishment for a first time offence of driving a vehicle in a state of intoxication.
According to the Supreme Court judgement, for a first time offence of driving a vehicle in a state of intoxication, the deprivation of driving privileges as a supplementary punishment is rather exceptional and is justified only if the facts of the case give reason to presume that the person might commit such offences in the future (e.g. significantly exceeded the maximum permitted level of alcohol in the bloodstream, additional violation of traffic rules, reckless attitude towards the offence etc.).
This is a landmark judgement on the deprivation of driving privileges as a supplementary punishment for a traffic offence, which should give clear guidelines to the courts of first instance on how to impose supplementary punishments and prevent imposing supplementary punishments solely based on general preventative considerations. The overall importance of this judgement is amplified by the fact that traffic offences are one of the most common offences in Estonia.