Information Note on the Court’s case-law 42

May 2002

D.K. v. Slovakia (dec.) - 41263/98

Decision 14.5.2002 [Section IV]

Article 6

Criminal proceedings

Article 6-1

Criminal charge

Temporary withdrawal of driving licence pending investigation into accident: admissible

The applicant’s driving licence was withdrawn pending the investigation into an accident which he caused whilst intoxicated. His request for judicia l review of the administrative decision ordering the withdrawal of his driving licence was rejected on the ground that no review of such procedural decisions was possible. The applicant was subsequently indicted and the District Court issued a penal order convicting him and imposing a suspended prison sentence. He was also disqualified from driving for two and half years. He challenged the order but the court issued a judgment in the same terms as the order. On the applicant’s appeal, the Regional Court qua shed the judgment. The District Court then convicted the applicant after having heard several witnesses, including the applicant, and taken into account an expert opinion. The applicant’s further appeal was dismissed.

Admissible under Article 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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