Car confiscated after an organised illegal race on E18

The convicted person had participated in an organised illegal race on the E18 from Liertoppen in the direction of Drammen, where the speed at times reached 180 km/h in a 100 zone. After the organised race had ended, he tried to run away from a civilian police car, still on the E18. At that time, his average speed over a distance of more than nine kilometers was measured at 211 km/h. There were two passengers in the car. 

In the District Court, he was sentenced to 60 days of imprisonment, and lost his right to drive for 38 months. In addition, the car, a BMW 330XD, was confiscated. He appealed against the confiscation, but it was upheld in the Court of Appeal. The Supreme Court upheld this.  

The Supreme Court attached considerable importance to the preceding participation in organised illegal racing on a public road. This type of driving is an increasing problem. Strong considerations of general deterrence thus indicated that the car should be confiscated. The financial burden as a result of the confiscation was estimated at NOK 25,000–45,000 after deduction of a loan secured by a sales lien on the car. This did not prevent confiscation in this case. 

The judgment clarifies the use of confiscation of a car based on the consideration of general deterrence.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Areas of law: Criminal law, section 69 of the Penal Code on confiscation. 

Key paragraphs: 22–24, 27, 30

Justices: Indreberg, Falkanger, Bull, Stenvik, Lund