Post: #1

Hey guys, last month i was involved in a car crash (where it wasn't my fault) in Poland while under the influence (0.6 g) while the limit in Poland is 0.2 and over 0.5 is a crime so i was arrested, and the Police didn't let me make any calls to lawyers, so i had to agree to their terms which were 3 years driving ban + 5000 PLN fine + 3 years of suspended sentence which meant that if i break any law or even ride a bike during the next 3 years i go to jail for minimum of 7 months.
So i have a few questions to anyone who has been in the same situation or who is Polish.

Do insurance companies in Poland usually cover the expenses even if i was under the influence (i have the best insurance with all the extras)?
Can i still get a lawyer and go to court to try and change the sentence?
Is this a normal sentence or was it worse because i was a foreigner?

Post: #2

If you are legally entitled to a lawyer in Poland, then challenge this in court.

Post: #3

Foda-se!!

I was caught with 3.0 in Portugal, and I was absolved by the court since it was on a private parking lot. Guess that the fact of you being foreing wheighted in court.
I wish you all the best luck in your situation

Post: #4

(06-27-2017 05:01 AM)goncalo999 Wrote:  Foda-se!!

I was caught with 3.0 in Portugal, and I was absolved by the court since it was on a private parking lot. Guess that the fact of you being foreing wheighted in court.
I wish you all the best luck in your situation

they just told me you either accept this sentence or go to court and risk getting a 60.000 PLN fine + jail time, and i asked can i call a lawyer? and they said "no, you have to decide now"
Yeah i never missed the Portuguese police as much as in that moment

Post: #5

(06-27-2017 05:00 AM)Suits Wrote:  If you are legally entitled to a lawyer in Poland, then challenge this in court.

+1

best thing you can do is go consult a local polish criminal lawyer, I suppose it will be free of charge. tell him you were not allowed to consult with a lawyer, and this very well may be a good cause to tackle this situation. Don't know though how long this whole process can take.

Also I'm not sure what does it mean you agreed to their terms? they never took you to court? the police itself sentenced you? that doesn't make much sense. And if you were taken to court, why in court didn't you ask the judge to see a lawyer?

Post: #6

They jacked you up bro.

I would have never signed shit or a single thing without talking to a lawyer first.

They'd have to take me to the embassy.

Post: #7

(06-27-2017 05:01 AM)goncalo999 Wrote:  Foda-se!!

I was caught with 3.0 in Portugal, and I was absolved by the court since it was on a private parking lot. Guess that the fact of you being foreing wheighted in court.
I wish you all the best luck in your situation

Where you alive ?? ))))

Post: #8

(06-27-2017 03:58 AM)player king of lisbon city Wrote:  Hey guys, last month i was involved in a car crash (where it wasn't my fault) in Poland while under the influence (0.6 g) while the limit in Poland is 0.2 and over 0.5 is a crime so i was arrested, and the Police didn't let me make any calls to lawyers, so i had to agree to their terms which were 3 years driving ban + 5000 PLN fine + 3 years of suspended sentence which meant that if i break any law or even ride a bike during the next 3 years i go to jail for minimum of 7 months.
So i have a few questions to anyone who has been in the same situation or who is Polish.

Do insurance companies in Poland usually cover the expenses even if i was under the influence (i have the best insurance with all the extras)?
Can i still get a lawyer and go to court to try and change the sentence?
Is this a normal sentence or was it worse because i was a foreigner?

You kept your drivers licence or it was confiscated?

Post: #9

Get a Polish lawyer. None of us here are trained in Polish law.

Post: #10

^ 100%. While I'm not trained in Polish law, general legal precedent internationally puts you at a huge advantage right now. As a foreigner unfamiliar with the local system you were denied any consultation with a professional. That's a prime example of you being taken advantage of by the state to ensure admission of guilt. Any defense lawyer (at least in NA, again I'm not sure about Poland) would absolutely fucking shred that case. Lawyer the fuck up man.

Post: #11

Sentence looks comparable to what I have heard from other guys.

Usually Polish law isn't that strict. They don't treat foreigners worse, actually they treat Westerners slightly better depending on the circumstance.

There are people here who lose their driving license for years because of driving drunk on a bike. (no kidding)

You should hire a lawyer. Most run-of-the-mill defense lawyers just cost 20-50$/hour. Expensive corporate ones may cost 100-500$ - if you hear such a price, then don't take that guy.

The suspended sentence is rather harsh. Riding a bike drunk is normal here - even if I get caught riding a bike, then I will instantly lose my driving license, get a fine and some kind of sentence.

A lawyer will help you along - just don't get drawn into a lengthy appeal process when all you get is a reduction of the suspended sentence to 1 year from 3 years.

It is actually hard to get in trouble with the law in Poland, unless you:

A) Drive drunk - car or bike (one of the few things they check due to the still extremely high mortality rate/ rate of accidents in Europe - second from the bottom after Romania)

B) Are in frequent fights / hooligan riots - self-defense should not get you in trouble

But I have read that the prosecution likes to dish out similar instant fines also to many local Polish people even if there was no accident. They also use similar tricks of telling them to submit to the offer and never talk with a lawyer. The truth of the matter is that there are a few specialized lawyers in each city due to the fact that this issue is so common. Local Poles get bamboozled all the time.

A good lawyer sometimes manages even to completely shelve the proceeding.

So it seems that you were sort of tricked, but on the plus side - this is being done to locals as well. Yeah - it remains to be seen whether you can prove that they denied you legal aid. But it is certainly worth it to spend a few hundred $.

Post: #12

(06-27-2017 08:02 AM)Rocha Wrote:  

(06-27-2017 05:01 AM)goncalo999 Wrote:  Foda-se!!

I was caught with 3.0 in Portugal, and I was absolved by the court since it was on a private parking lot. Guess that the fact of you being foreing wheighted in court.
I wish you all the best luck in your situation

Where you alive ?? ))))

Sort of..

Now seriously, it was one of those dudes nights, celebrating a birthday. we have spent it drinking non-stop.. this happened at 7:00 a.m. or something, I had just zipped 2 0.5 liter cans of Sagres before I decided to park my car in a better spot (it was randomly parked in the middle of the private park). I was "physically capable", but the alcohol was raising again in my blood

Post: #13

der

Post: #14

Does the driving suspension carry over in another country? I have no idea but if you can just move countries and you don't have any real reason to be in Poland might be worth considering.

Post: #15

(06-27-2017 12:07 PM)lavidaloca Wrote:  Does the driving suspension carry over in another country? I have no idea but if you can just move countries and you don't have any real reason to be in Poland might be worth considering.

Thats why I asked if he kept his licence with him. Because otherwise it will not be easy to get another one.

Post: #16

(06-27-2017 08:02 AM)Rocha Wrote:  

(06-27-2017 05:01 AM)goncalo999 Wrote:  Foda-se!!

I was caught with 3.0 in Portugal, and I was absolved by the court since it was on a private parking lot. Guess that the fact of you being foreing wheighted in court.
I wish you all the best luck in your situation

Where you alive ?? ))))

He must mean 0.03. 0.06, for example, is legally intoxicated in many US states.

Post: #17

(06-27-2017 01:39 PM)Suits Wrote:  

(06-27-2017 08:02 AM)Rocha Wrote:  

(06-27-2017 05:01 AM)goncalo999 Wrote:  Foda-se!!

I was caught with 3.0 in Portugal, and I was absolved by the court since it was on a private parking lot. Guess that the fact of you being foreing wheighted in court.
I wish you all the best luck in your situation

Where you alive ?? ))))

He must mean 0.03. 0.06, for example, is legally intoxicated in many US states.

I meant 3.0 on the parking lot, and this on the police station :

Post: #18

(06-27-2017 06:02 AM)rugged Wrote:  Also I'm not sure what does it mean you agreed to their terms? they never took you to court? the police itself sentenced you? that doesn't make much sense. And if you were taken to court, why in court didn't you ask the judge to see a lawyer?

For a standard traffic offense there are standard panaltys which are in the law, same goes for driving too fast like in every european country. There is no court / judge decision involved except you disgaree with the penalty and go to court yourself

The fine sounds totally legit according to those German page that lists all the european countries. They even gave you the lower fine:

https://www.bussgeldkatalog.org/polen/
http://www.meine-auto.info/ratgeber/verk...uropa.html

Excerpts from the 2nd page:
Polen 0,2 Promille 0,2 - 0,5 ‰: GS bis 1.212 € / 6 Mon. - 3 Jahre FV;
ab 0,5 ‰: GS wird vom Gericht festgelegt / FV von 1 - 10 Jahren, ggfl. HS bis zu 2 Jahren

Translation:
Poland 0,2 - 0,5 legal alcohol limit: Penalty till 1.212 € / 6 months up 3 years ban of driving
More than 0,5 legal alcohol limit: Penalty decided by court / ban of driving 1 - 10 years, possible prison sentence up to 2 years

And remember these are the penaltys if you are not involved in an accident (no matter who caused it)

Since there are so many alcoholics and drunk drivers in Poland they take this shit very seriously. Nevertheless consult a polish lawyer, maybe there are some ways to get around it which only the lawyer knows

Post: #19

The fines are legit - foreigners are usually treated a bit better.

Still - a lawyer sometimes manages to lower the extent. But this kind of push towards instant submission is what they do with everyone.

Post: #20

Get a lawyer, that's the only think you should be doing.

I have never been in Poland, but can you bribe your way out of it? In Thailand that's what we often do.

Post: #21

(06-27-2017 12:07 PM)lavidaloca Wrote:  Does the driving suspension carry over in another country? I have no idea but if you can just move countries and you don't have any real reason to be in Poland might be worth considering.

No. Only the issuing country can revoke drivers license (at least in EU). If they do not revoke your driver's license, you can still drive (at least in other member states).

By the way OP, why were you drinking and driving? I can only say it serves you well and I'm glad you did not kill anybody. What were you thinking? An uber or taxi would cost you what? 40 zlotys?
And no, insurance companies will not pay for you being reckless. Expect an increase in future premiums.

Post: #22

(06-29-2017 07:52 AM)Wreckingball Wrote:  

(06-27-2017 12:07 PM)lavidaloca Wrote:  Does the driving suspension carry over in another country? I have no idea but if you can just move countries and you don't have any real reason to be in Poland might be worth considering.

No. Only the issuing country can revoke drivers license (at least in EU). If they do not revoke your driver's license, you can still drive (at least in other member states).

By the way OP, why were you drinking and driving? I can only say it serves you well and I'm glad you did not kill anybody. What were you thinking? An uber or taxi would cost you what? 40 zlotys?
And no, insurance companies will not pay for you being reckless. Expect an increase in future premiums.

The more you drive drunk, the better you get at it - just like everything else in life. Practice makes perfect.

Post: #23

0,6 is not that high. They had in many countries in Europe 0,8 as the limit. Tests from studies prove that the performance drops strongly only after 0,8.

That said - I had a buddy of mine, who was a lousy driver, dranka a lot and took a woman and her child with him on one drunken drive.

Rawmeo - bribing cops is not so easy anymore. You can get out of a ticket and points if you do get caught by a patrol, but it can backfire. These are no longer the poor desperate times and Polish cops are less corrupt than in SEA.

And in this specific case with an accident happening, papers being filed etc. - you would need some kind of mafia or supreme connections to let this disappear. Money-wise it would cost you hundreds of thousands of $ and even it is very well possible that some idealistic cop blows the whistle on you. Also many don't make nearly as little as before.

In order to get out of this unscathed would have taken enormous connections or severe levels of money behind it (your 1000$/hour lawyer calling his best buddy judge/prosecutor). But if you have that kind of dough behind you, then we wouldn't be talking here, would we?

Post: #24

(06-27-2017 06:02 AM)rugged Wrote:  

(06-27-2017 05:00 AM)Suits Wrote:  If you are legally entitled to a lawyer in Poland, then challenge this in court.

Also I'm not sure what does it mean you agreed to their terms? they never took you to court? the police itself sentenced you?

The police made one phone call to a judge (?) and told me right there hat would happen, i didn't got o any court

Post: #25

(06-27-2017 01:36 PM)Rocha Wrote:  

(06-27-2017 12:07 PM)lavidaloca Wrote:  Does the driving suspension carry over in another country? I have no idea but if you can just move countries and you don't have any real reason to be in Poland might be worth considering.

Thats why I asked if he kept his licence with him. Because otherwise it will not be easy to get another one.

I already went to IMTT and asked for a second one, already have it with me. just 30€ and 1 week of waiting time.