Marek Z. had previously been convicted of driving under the influence of alcohol, and he got behind the wheel while a two-year driving ban was in force.

The Legnica resident has been arrested. Under the regulations currently in force, he will lose his driving licence permanently.

After midnight on 13 August this year, Marek Z. was driving drunk (2.1‰ of alcohol in his blood) from Kunice to Legnica in a Nissan Almera. Before the pedestrian crossing by the bridge on Wrocławska Street, instead of stopping like another vehicle, he overtook the car and drove onto the crossing, which three people happened to be crossing at that moment. Two women managed to jump out of the way.

The third person—a 29-year-old man—was hit by the suspect. The injured man sustained serious bodily injuries, including open fractures of both legs and the right forearm, maxillofacial trauma, as well as a collapsed lung and liver damage.

It was established that Marek Z. should not have been behind the wheel at all until December this year, due to his previous conviction (on 2 December 2013) for driving under the influence of alcohol and the two-year ban imposed on him from driving any motor vehicles.

Marek Z. was charged with:

  • driving under the influence of alcohol despite a previous conviction for the same offence
  • causing a road accident while under the influence of alcohol, resulting in serious bodily harm to another person.

When questioned as a suspect, Marek Z. confessed to committing the offence. He exercised his right to refuse to give an explanation, stating only that he did not remember the course of events exactly.

Due to the severity of the sentence facing the suspect and the resulting risk of interference with the proceedings, the prosecutor asked the court to arrest Marek Z. The court agreed and applied this most severe preventive measure.

For the alleged offences, Marek Z. faces a sentence of between 9 months and 12 years in prison (a sober offender would face between 6 months and 8 years). Following the entry into force on 18 May this year of amended provisions, including provisions of the Criminal Code, intended to improve road safety and toughen liability for intoxicated perpetrators of road offences, the court—when sentencing Marek Z.—will be required to impose a lifetime ban on driving any motor vehicles. Moreover, since he had previously been finally convicted of drunk driving, the court will have to order him to pay at least PLN 10,000 to the Fund for Assistance to Victims.

For causing an accident under the influence of alcohol with such serious consequences for the injured person, under the new regulations the court will also have to award the victim compensation of at least PLN 10,000. The proceedings are ongoing.

Legnica Regional Prosecutor’s Office/ii