The criminal offence under Article 178a § 1 of the Criminal Code and the misdemeanour under Article 87 § 1 of the Code of Misdemeanours can only be committed “in road traffic.” This concept is a source of frequent misunderstanding – many drivers assume the rules apply only to public roads. In reality, the scope of “road traffic” is considerably wider.
What “Road Traffic” Means
“Road traffic” is not the same as “public road.” Polish courts consistently hold that it covers all places generally accessible to road users where vehicle traffic actually takes place – regardless of who owns the land.
Two criteria are key: the general accessibility of the place to road users, and the actual presence of vehicle traffic there. Ownership of the land – whether private or public – is of secondary importance.
Places Covered by the Concept of Road Traffic
Public roads – national, regional, district and municipal roads. Many estate roads in towns and cities are formally classified as municipal roads.
Residential zones – areas marked with signs D-40 (“residential zone”) and D-41 (“end of residential zone”). Many housing estates in cities fall within such designations.
Traffic zones – areas marked with signs D-52 (“traffic zone”) and D-53 (“end of traffic zone”). A typical example is a shopping centre car park formally designated as a traffic zone.
Other generally accessible places with vehicle traffic – unmarked estate car parks, access roads to commercial premises, car parks at hospitals, public offices and schools, manoeuvring areas at public facilities, and private roads open to the general public. Accessibility to an unrestricted circle of people determines whether a place falls within road traffic – even where the land is privately owned.
Where the Offence Cannot Be Committed
Drink driving does not satisfy the elements of a criminal offence or misdemeanour where it takes place on private land that is not accessible to the general public. This covers: privately fenced properties with a locked gate, internal roads on private land with restricted access, closed car parks accessible only to owners or tenants (for example with a barrier and access control), gated residential developments with controlled entry, and agricultural or commercial land not open to the public.
From our practice: discontinuance of proceedings was achieved in cases where the driver operated the vehicle on their own fenced property with a locked gate and a “private land” sign – provided it could be demonstrated that the land was genuinely inaccessible to third parties.
The Most Common Misconceptions
“In the car park outside my block of flats it’s not an offence.” If the car park is generally accessible – which applies to most estate car parks – driving after drinking is a criminal offence or misdemeanour.
“I was only moving the car.” The distance covered is irrelevant. Operating a vehicle in road traffic under the influence of alcohol is an offence – regardless of whether the vehicle was moved one metre or one kilometre.
“It was a private road.” What matters is accessibility, not ownership. A private road open to the general public is still road traffic.
“There was nobody there.” The presence of other road users at that particular moment is irrelevant. What counts is the general accessibility of the place and the possibility of other road users appearing there.
What to Do After Being Stopped “Outside Road Traffic”
Where there are grounds to argue that the incident took place outside road traffic, securing evidence immediately is critical: photographs of the area showing visible fencing, barriers and signs, witness details, documentation from the landowner confirming the absence of public access, and checking the road’s status with the municipal road authority or in the relevant council resolutions.
On this basis, a lawyer can apply for the proceedings to be discontinued on the grounds that the elements of the offence are absent – the absence of “road traffic” means no criminal offence or misdemeanour exists.
Contact Us
If you were stopped for drink driving in a place whose legal status is open to question, it is worth discussing the matter 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.
