The Constitutional Court ascertained disproportionate legal treatment of a person caught driving a bicycle under the influence of alcohol against a person caught driving a self-powered two-wheel tractor under the influence of alcohol. Under the current provisions of the Contravention Code, in the first case the offender can be punished also with arrest, while in the second case the culprit is only fined, IPN reports.
The judgment was passed on May 8. The Court held that both of the categories of drivers should equally respect the road traffic regulations and should not drive inebriated and endanger the lives of other participants in the traffic and there is no legal reason to punish harsher a person driving under the influence a vehicle for which a driver’s license is required against one who drives a vehicle for which no driver’s license is required.
The Court declared unconstitutional the text “fine of 20,000 to 25,000 lei, 20 to 40 hours of community service or up to 15 days of arrest” from the Contravention Code. Until legislative amendments are adopted, a person caught driving a bicycle or a self-powered two-wheel tractor under the influence of alcohol will be fined as the person caught driving a car or a truck inebriated, which is 17,500 to 25,000 lei.
The Constitutional Court’s judgment is definitive and cannot be appealed. This takes effect when it is adopted and is published in the Official Gazette of the Republic of Moldova.
