Three-year driving ban deemed served

The Law Office of Attorney at Law Andriy Dementiy successfully represented our Client before the District Court in Jawor. The subject of the proceedings was the motion to deem the penal measure of a total driving ban as fully served.

Case Proceedings and Legal Arguments Originally, by the judgment of the District Court in Jawor, our Client was sentenced to a driving ban for a period of three years. A crucial aspect of the case was that our Client served a sentence of imprisonment under the Electronic Monitoring System. The Law Office of Attorney at Law Andriy Dementiy filed a motion to deem the driving ban served, based on the following grounds:

Interpretation of Statutes: The Law Office of Attorney at Law Andriy Dementiy argued that the restriction under Article 43 § 2a of the Penal Code does not apply to sentences served under the Electronic Monitoring System.

Effective Execution of the Measure: The Court agreed with the position that our Client, while serving a sentence of imprisonment under the Electronic Monitoring System, was effectively restricted by the ban, as they maintained the physical capability to drive during this time.

Compliance with Legal Requirements: The Court confirmed that our Client complied with the legal order and that the penal measure had been in effect for the duration required by law. According to Article 84 § 1 of the Penal Code, the court may deem a penal measure served if half of its duration has passed and the convict has respected the legal order.

Result of the Proceedings In December 2025, the District Court in Jawor issued an order deeming the penal measure against our Client fully served. Consequently, thanks to the precise legal argumentation prepared by the Law Office of Attorney at Law Andriy Dementiy, our Client regained the right to drive mechanical vehicles well before the expiration of the original three-year term.