Driving under the influence of drugs - erroneously issued fine has little impact on the sentence

The penalty for violation of section 31 subsection 1, cf. section 22 subsection 1, of the Road Traffic Act was 90 days of imprisonment, of which 30 were suspended, a fine of NOK 10 000, as well as loss of driving licence for 12 months. The convicted person had driven a private car with two passengers while under the influence of amphetamine. He had previously been convicted five times of driving under the influence, so the sentence should as a starting point be six to eight years of imprisonment. In the individual sentencing process, it was emphasised that around 10 years had passed since the last conviction and that the case had remained with the police unprocessed for six months. Some emphasis was also placed on the fact that the prosecution authority by error had originally issued a fine of NOK 8000, which was clarified when the fine was not accepted. The previous violations of the Road Traffic Act had probably been overlooked. This provided a basis for suspending 30 days of the sentence.   

Read the whole judgment (Norwegian only)

Area of law: Criminal law

Key paragraphs: 24, 25

Parties: A (Counsel Bendik Falch-Koslung) v. The Public Prosecution Authority (Counsel Hulda Olsen Karlsdottir)

Justices: Matheson, Noer, Kallerud, Berglund, Thyness