Our Turkish Penal Code has regulated the endangerment of traffic safety as two separate articles, while the moral element of the first of them is intent, the moral element of the second is negligence. In this article, we will discuss the crime of intentionally endangering traffic safety, which is regulated in article 179 of the Turkish Penal Code.
Motor vehicles have become an indispensable element of our daily life. So much so that it has ceased to be a luxury consumption and has become a necessity. We use motor vehicles in many areas such as private use, school level, transportation. Although the relevant article has brought a general regulation, including land, air, sea and railway, the purpose of this article is to inform about the legal proceedings encountered as a result of the use of motor vehicles under the influence of alcohol or drugs, which are the most common in daily life.
In this situation, which occurs during the traffic controls made by the traffic teams as a result of frequently drunk driving, if your promil value is above the limits determined by the law according to the purpose of use specified in the vehicle license as a result of the measurements made by the traffic officers, your vehicle will be tied first or you will have to call someone who has a license to pick up the vehicle. Afterwards, your driver’s license will be temporarily seized for the first time by applying an administrative traffic fine for drunk driving. Transactions up to this part are 0.50 promil for private cars, but lower for commercial or passenger transport licensed vehicles.
If the promile value is 1.00 and above, an investigation will be opened against you in accordance with Article 179/3 of the Turkish Penal Code, and as a result of the investigation, the possibility of a criminal case will be brought to the agenda. Article 179 of the Turkish Penal Code
“(1) By changing any sign placed to ensure the safe flow of land, sea, air or rail transport, making them unusable, removing them from the place where they were placed, giving false signs, placing something on the way of passage, arrival, departure or landing, or using technical A person who interferes with the operating system and causes a danger to the life, health or property of others is sentenced to imprisonment from one year to six years.
(2) Any person who directs and manages land, sea, air or railway transportation vehicles in a way that may be dangerous for the life, health or property of persons is sentenced to imprisonment from three months to two years.
(3) A person who drives a vehicle despite being unable to drive and manage a vehicle safely under the influence of alcohol or drugs or for any other reason is punished in accordance with the provisions of the above paragraph.”
By arranging its provision, it determined the penalty and elements of this crime. The court in charge of this crime is the criminal courts of first instance.
When you are faced with such a situation, if you do not trust the measuring devices, you should not forget that you have the right to go to the hospital and have a blood test.
It will be in your favour, in order to fully protect your rights, if you benefit from the legal assistance of a Lawyer in both administrative fines and reinstatement of license, as well as in judicial investigation and prosecution.
