Driving after using drugs is considered a separate crime under the Criminal Code, and causing a traffic accident after using drugs, when significant property damage, moderate or severe bodily injury, or death is punished much more severely than causing these results while “sober.”
At first glance the legislation appears sufficiently clear – provides for a more severe punishment, when due to violation of the rules for traffic occur the above consequences and the driver has driven a motor vehicle after using narcotic substances. In practice, however, a number of peculiarities are revealed, and a key moment may be revealed this in which moment the drug was used, as well as whether a narcotic substance or a a43> prescribed medicine, containing such substance.
Case from the practice of PTP after use of drugs
Radoslava* is accused of causing a traffic accident as a result of speeding, after losing control of her car and crashing into a roadside pole. Her passenger, who was sitting in the front seat, died in the accident. When tested for drug use, she tested positive for marijuana. Radoslava agreed to provide biological samples (blood and urine). She did not deny using drugs, but claimed that she had smoked three days before the accident.
A pre-trial investigation has been initiated, and an expert examination has been appointed. The conclusion of the examination shows that traces of tetrahydrocannabinol were indeed found in Radoslava’s body, but that it had been consumed between two and four days prior to the incident. In this case, she was not charged with the more serious offense of causing a traffic accident after using drugs. She was charged and convicted under the basic provision, for which the law provides for imprisonment of three to eight years.
* In order to preserve attorney-client privilege, the name has been changed.
Charges for causing a traffic accident after using drugs
Charges for causing a traffic accident after using drugs or their analogues (e.g., hexahydrocannabinol [HHC]) is brought in the following cases:
1. a traffic violation has been committed (most often driving at excessive or inappropriate speed, or improper overtaking);
2. medium or severe bodily injury or death of a person has been caused through negligence;
3. the presence of a narcotic substance or its analogue has been detected in the driver’s body.
In such cases, the law provides for extremely severe penalties.
In cases of moderate or severe bodily injury, the punishment is one to six years’ imprisonment, and in particularly serious cases, two to ten years.
In the event of the death of one or more persons, the punishment shall be imprisonment for a term of five to fifteen years, and in particularly serious cases, ten to twenty years.
IMPORTANT! There is extremely contradictory case law regarding the classification and sentencing for this crime. Some courts accept that the discovery of traces of a narcotic substance or its analogue is sufficient for the driver to be convicted under the more severe penalty provision. In such cases, the possible influence of the effects of the narcotic substance is taken into account as a circumstance on the basis of which the sentence imposed may be significantly increased.
Other judicial panels consider that the moment when the narcotic substance was used should be analyzed in relation to the moment when driving was undertaken. In cases where it is established that the two moments are sufficiently distant from each other, it is accepted that there is no criminal use of narcotic substances or their analogues. This is precisely the opinion shared by the specialists at Silvia Petkova Law Firm, and it is in this sense that the legal defense of the firm’s clients is carried out.
Defense in charges for causing a traffic accident after using drugs
Causing a traffic accident after using drugs is a serious crime under the law. In such cases, it is advisable to hire an experienced criminal defense lawyer.
From the point of view of the peculiarities of defense in these a6> cases attention should be paid to several things.
First, it is not possible for the defendant to a5> be released from criminal liability by imposing an administrative penalty.
Secondly, in cases where a traffic accident after drug use has caused moderate or severe bodily injury, a suspended sentence is possible if the driver has a clean criminal record. To this end, the court must impose a sentence of up to three years’ imprisonment. The sentence is determined for each specific case according to the evidence in the case. The task of the defense attorney is to discover and prove the existence of multiple mitigating circumstances or an exceptional circumstance.
In cases where a traffic accident after drug use has caused the death of one or more persons, a suspended sentence may prove extremely difficult even if the driver has a clean criminal record. This is because the minimum penalty provided for by law is five years’ imprisonment (for a suspended sentence, the court must impose no more than three years). In such cases, a suspended sentence is possible under two conditions:
1. if exceptional or multiple mitigating circumstances are found and proven, such that the court imposes a penalty below the minimum amount;
2. if it is proven that the moment of use is distant from the moment of driving, the act shall be reclassified under the basic composition and the court shall impose the lowest penalty provided for therein (3 years’ imprisonment).
IMPORTANT! In cases where there has been no use of narcotic substances or their analogues at all, or even if such substances have been used, this occurred more than 30 hours before the incident, the provision of biological samples (blood and urine) is absolutely mandatory.
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Silvia Petkova Sole Proprietorship Law Firm is a specialized criminal law firm with experts who have extensive experience in representing clients in transport crimes related to the use of narcotic substances or their analogues.
Legal consultations by telephone and on site at the law office are provided only by prior appointment only.
Contact:
Working hours: Monday to Friday from 10:00 AM to 6:00 PM
Address: Sofia, 2 Tri Ushi Str., 3rd floor
Tel. 0885 47 77 57
Email: office@petkovalegal.com
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