There is no chance that the already confiscated cars of drivers caught driving after consuming alcohol or drugs will be returned, lawyer Silvia Petkova told bTV.
Penal texts that confiscate the vehicles of such drivers are unconstitutional. This is the opinion of judges from the Supreme Court of Cassation (SCC), who appealed to the Constitutional Court to cancel one of the changes in the Criminal Code (NC), adopted last summer.
“Even if this constitutional case is filed, even if the request is considered, even if the Constitutional Court declares these texts unconstitutional, the decision of the Constitutional Court has effect only going forward. The texts will not be applied from the moment they are enacted,” explained Petkova.
“People’s cars that have been repossessed will remain repossessed because it was done under an existing law that has not been declared unconstitutional,” she added.
“The measure as such is necessary. Society is adamant that there should be no forgiveness and no light punishments for such acts. Another issue is that when such measures are introduced, they are at the suggestion of the Ministry of the Interior or transport, after which it turns out that they are legally unsupported,” commented road expert Krasimir Georgiev.
“We listened to the Ministry of Internal Affairs – sanctions, sanctions, sanctions and fines, and the results are getting worse and worse. I would ask one question – we test the offenders, we find that they have used drugs or alcohol, we impound their vehicle, but what happens when we test the police officers? The test was invalid. Let’s clarify – is the test unsuitable only for police officers or for all citizens of this country? For me, to put it mildly, these are misunderstandings that happen in the courtroom,” he emphasized.
According to lawyer Petkova, the problem with the drug test samples is still present.
“Samples continue to not come out quickly. In the event that a driver takes a police field test and it comes out positive, and the driver has not used drugs, the driver is detained, his driver’s license is revoked, license plates are removed even if the car is not owned by the driver, who tested positive. Even at this stage, cars are seized, which is illegal. The measure of ‘confiscation’, which is distinct from ‘confiscation’, is intended to be enforced by conviction. This is done by the court, when it admits that this person is guilty and that he was driving after using narcotic substances, but for this purpose we must also have the results of the blood test,” said Petkova.
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