Autor: Mihai-Costin Toader
Publicat în: Revista Universul Juridic nr.11/2018.
Disponibil online: aici.
Abstract: The present study aims to analyze the most used road traffic offense in the judicial practice,
namely the offense of driving a vehicle under the influence of alcohol or other substances, provided by
art. 336 of the Criminal Code, pointing one of its essential constituents, as has been ruled by an
interpretative decision of the Constitutional Court, by reference to the particularities of judicial
probation. Howewer, this analysis, which the author does not even claim to be exhaustive, provides
several probation elements, which systematically corroborate, can substantiate some solutions of the
judicial autorities, both during the criminal prosecution and the trial, in order to either a loosening of
this problem of law is generated. Of course, this optics does not exclude arguments to the contrary
that can outline a diametrically opposed solution.
Keywords: driving a vehicle under the influence of alcohol, catching red-handed, alcoholism,
forensic expertise for the retrospective calculation of alcoholism, biological sampling.
