Flashing blue lights in the mirror are a situation in which drivers often act under stress. Knowing your rights during a roadside check – and exercising them calmly – can make a significant difference to what happens next.
How to Behave When Being Pulled Over
When an officer signals you to stop, indicate and pull over calmly in a safe place. Switch off the engine. Stay in the vehicle unless the officer asks you to step out. Under Article 129(1) of the Road Traffic Act, a driver is required to stop the vehicle on the instruction of an authorised officer.
Since 1 October 2018 there has been no obligation to carry a physical driving licence – the police verify entitlements in the CEPiK system. It is worth having an identity document with you, however.
Verifying the Officer’s Identity
Every officer conducting a check is required to produce their warrant card on request. If you have doubts about the identity of the person who has stopped you – particularly where they are not in uniform – you may ask to see the warrant card and verify it by calling the emergency number 112, or wait for a marked police vehicle to arrive.
What an Officer Can and Cannot Do
During a check, an officer has the right to verify documents and the driver’s identity, inspect the vehicle’s technical condition and mandatory equipment, carry out a sobriety test and – where there is a justified suspicion of a criminal offence – search the vehicle.
A vehicle search without a legal basis is not permissible. The basis must follow from legislation – primarily the Code of Criminal Procedure or the Police Act. If an officer wants to search the vehicle without stating a legal basis, you may calmly ask what it is.
An officer cannot demand immediate cash payment of a fine, compel an admission of guilt or seize a driving licence without a clear legal basis.
Sobriety Testing – Your Rights
A breathalyser test should be preceded by an observation period of at least fifteen minutes. During this time you must not smoke, eat or chew gum. You have the right to see the result on the display and to request a second, control measurement.
If you have doubts about the breathalyser result – for example if the reading is close to a legal threshold – you may request verification by a blood test. A blood test is a more precise method and provides more data for subsequent analysis.
Refusing a sobriety test is treated by law in the same way as driving in a state following the use of alcohol and carries serious consequences.
Recording a Roadside Check
You have the right to record the course of a roadside check – both video and audio. A roadside check is an official act carried out in a public place, and recording it does not require the officer’s consent. A recording can serve as evidence in any subsequent court or appeal proceedings.
Refusing a Fixed Penalty Notice
If you disagree with the alleged offence, you have the right to refuse a fixed penalty notice. The case then goes to the district court, which assesses the matter independently. The court may impose a higher penalty, a lower one or acquit – which is why refusal should be preceded by a realistic assessment of the prospects.
Do not sign the penalty notice slip if you are refusing it. Ask for a copy of the official record.
When a Driving Licence Can Be Seized
Driving licence seizure by the police occurs in circumstances including a justified suspicion of driving in a state following the use of alcohol or while intoxicated, exceeding the speed limit by more than 50 km/h in a built-up area, carrying too many passengers or the vehicle being found to be in a technical condition that poses a safety risk. An appeal against a licence seizure decision by the district authority lies to the Regional Administrative Appeals Board (SKO) within 14 days.
What to Do If You Have Doubts During a Check
Stay calm and polite – aggression always makes the situation worse. You have the right to make a phone call, including to a lawyer. You are not required to answer questions unconnected with the roadside check. If you believe the officer is exceeding their powers, do not provoke a confrontation at the scene – document the situation and consult a lawyer afterwards.
Contact Us
If something happened during a roadside check whose correctness you question, or you received a fine you disagree with, it is worth discussing the matter with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
