One of the first questions drivers ask after being stopped for drink driving is: is there any chance of not losing my licence for three years? In many cases – yes. A conditional discontinuance of criminal proceedings is a result that, with proper preparation, can materially change the outcome of a case.
What a Conditional Discontinuance Is
A conditional discontinuance ends the case without a conviction. The court finds that the offence was committed but does not sentence the defendant – which means the defendant does not appear in the criminal register as a convicted person. This matters for many professions and life circumstances.
Where a conditional discontinuance is granted, the court may impose a driving disqualification of one or two years instead of the mandatory minimum of three years that applies to a conviction. In exceptional cases, the court may refrain from imposing a disqualification at all.
The court does not consider a conditional discontinuance on its own initiative – it must be actively applied for and the case must be properly prepared.
When a Conditional Discontinuance Is Available
The Criminal Code (Article 66) requires several conditions to be met simultaneously.
No previous conviction for an intentional criminal offence. This is an absolute prerequisite. If a conviction for an intentional offence has been handed down in the past and has not yet been spent, a conditional discontinuance is not available.
A low degree of social harm. The court assesses the alcohol concentration – the closer to the lower threshold of the criminal offence (0.5 per mille), the stronger the position. The manner of driving, the distance travelled, the time of day and traffic density also matter. A routine check in an empty car park is assessed differently from a stop following aggressive driving in the city centre during rush hour.
A low degree of fault. The court takes into account why the defendant got behind the wheel. Was the defendant convinced they were sober? Were there particular circumstances? Both the fact and the motivation are assessed.
A positive criminological prognosis. The court must have grounds to find that the defendant is unlikely to reoffend. This is where the defendant’s prior conduct matters: stable employment, family circumstances, community involvement and professional reputation.
What Persuades the Court
Experience from our practice shows that several categories of argument are particularly effective.
Professional arguments. Where the loss of a licence would directly threaten employment – because the work requires travelling to clients, sites or patients – this should be precisely documented. An employer’s reference, a description of the scope of duties and the area of work covered are documents that make a difference.
Family arguments. Raising children alone, caring for a disabled person, the need for regular journeys to appointments in areas poorly served by public transport – courts treat these circumstances seriously.
The circumstances of the incident. A short distance, a calm manner of driving, night-time conditions, an absence of other road users – each of these factors softens the assessment of the offence.
Conduct after the incident. Admitting the offence, expressing genuine remorse and demonstrating an understanding of the seriousness of the situation are factors courts take into account. Concealing facts or shifting responsibility onto the measuring device works against the defendant.
What Documents Are Worth Gathering
A well-supported application for a conditional discontinuance should include: a certificate of no criminal record, documents confirming employment and professional duties, an employer’s reference, documents relating to family and financial circumstances (a mortgage, maintenance obligations, caring responsibilities) and – where the defendant is involved in community or voluntary work – documents confirming this.
The more fully the application conveys the defendant’s situation, the greater the chance the court will find a conditional discontinuance justified.
When to Apply
As early as possible. If the case is still at the prosecutorial stage, the application can be submitted there. If it has already reached the court, it goes directly to the court. Delay limits the available options and reduces the prospects of a favourable outcome.
Contact Us
We handle drink driving cases in Poznań and across the Wielkopolska region. If you have been stopped and want to know whether a conditional discontinuance is available in your situation, it is worth discussing matters with a lawyer as soon as possible.
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.
