Revocation of driving licence due intemperance
Supreme Court judgment 21 October 2021, HR-2021-2050-A, (case no. 21-036835SIV-HRET), civil case, appeal against judgment.
The State represented by the Ministry of Justice and Public Security (The Office of the Attorney General represented by Erlend Baldersheim) v. A (Counsel Thomas Frøberg)
Justices: Bull, Ringnes, Falch, Høgetveit Berg, Steinsvik
A man had his driving licence revoked due to intemperance in the form of use and storage of cannabis, see section 34 subsection 5 of the Road Traffic Act. The Supreme Court took as its starting point that use of cannabis in small amounts up to three times per month was not in itself sufficient to substantiate that the user was intemperate within the meaning of the Road Traffic Act. Sufficient reason was not found to deviate from the District Court's finding of fact that it had to be considered substantiated that he had used cannabis a couple of times per month during the relevant period before the cannabis was confiscated from him. Nor had information been presented otherwise suggesting that he was intemperate within the meaning of the Road Traffic Act. The revocation decision by the Police Directorate was ruled invalid.