Cars without plates and masked people blocked the way for other vehicles. Behind the obstacles, people raced. A civilian police car took up the hunt for one of the rough drivers, and had to go up to over 200 km/h on the E18 between Lier and Drammen. This happened last year. On Tuesday, the case was heard in the Supreme Court: The heart of the dispute: Are the prosecution authorities allowed to impound vehicles in such cases? – As of today, there is no practice in Norway to confiscate a car because you have driven too fast. We have legal rules which mean that if you do it on repeated occasions, you show that you do not understand the use of punishment, which can happen if there is a risk of future, serious actions. But not as a punishment alone, says defender John Christian Elden to news. The police chase ended on a field in Sande. The police measured the speed at 211 km/h over a stretch several kilometers long. Photo: Police Sentenced to prison The 20-year-old was sentenced to 60 days in prison for the race, as well as confiscation of a BMW, which ended up on a field in Sande after the police chase. Only the confiscation of the car will be dealt with by the Supreme Court. – If this is to be introduced, we believe it is something the Storting must look at, as they did in Denmark, to see whether this is a desirable reaction going forward or not. State Attorney Anders Mandal Funnemark says the decision in the Supreme Court will mean a lot for similar cases in the future. – In this case, we consider it a necessary reaction after various violations of the Road Traffic Act, as part of the total punishment, Funnemark tells news. State prosecutor Anders Mandal Funnemark and defense attorney John Christian Elden before the court was set. Photo: Maria Kommandantvold / news Denmark has its own law Just a few days after the masked people shut down and race on the E18 in Norway, another “rough driver case” is making headlines in this country. In Denmark, the police believe that a Norwegian man from Stavanger was driving at 228 kilometers per hour when he was stopped at a speed check. He was on his way home to Norway with his newly purchased Lamborghini Huracan Spider, which he had paid approximately NOK 3 million for in Germany. He himself thought he was driving at 140-150 kilometers per hour. In court he was not believed. He was stripped of his driver’s license and given 20 days in prison. In addition, he did not get the car back. A law from 31 March 2021 gave Danish police a tool in the fight against “speeding”. They can seize the car on the spot and if they win in court, it will be auctioned off and the money will go to the state. Basically, there are three different criteria that enable the police to impound the car on the spot. If you drive over 200 km/h, no matter how high the speed limit is. The maximum speed limit in Denmark is 130 km/h. If you drive over twice the speed limit and the speed is over 100 km/h. In other words, you don’t lose the car at 80 km/h in a 40 zone, but it smokes at 120 km/h in a 60 zone. If you have over 2.0 in the blood alcohol level. Denmark has a blood alcohol limit of 0.5, higher than the Norwegian limit of 0.2. In addition, separate rules apply if rough driving leads to someone being killed or injured. Hope for a deterrent effect – From a general preventive perspective, it should be both a deterrent and attitude change, towards people who drive cars in the way we have seen here, says the state attorney about the reckless driving on the E18 in Buskerud. The police also hope that impounding cars will have a deterrent effect. Chief of the Emergency Police (UP), Knut Smedsrud, believes the change in the law should be considered. – The hope is that this will have a preventive effect, that they understand that they not only risk fines and prison, but also losing the car. After all, these environments often attach great importance to their vehicle, and they often invest a lot of money in it, Smedrud has previously told news. UP chief Knut Smedsrud wants an end to what he calls savage driving. Photo: Ksenia Novikova / news Bill in Norway In Norway, there is no separate authority to confiscate vehicles as part of the punishment for traffic offences. In this case, the prosecution chose to use the ordinary law for confiscation of items used in criminal offences. In recent years, there have been a number of cases of organized racing on motorways in Eastern Norway. In the preparatory work for the law in the autumn of 2023, the Storting’s justice committee expressed that one could envisage confiscation of vehicles against “those who repeatedly commit serious, dangerous traffic violations, and who thereby pose a constant danger to others and themselves”, writes NTB. The Borgarting Court of Appeal held that the confiscation was inside. “The Court of Appeal points out that the legislative preparations specifically point to the possibility of precisely confiscating a car that has been used for reckless driving,” the judgment said. – We believe there is no basis for interpreting the law as expansively as the Court of Appeal has done, says Elden. Now the Supreme Court will decide on it, and a verdict in the case is expected in around four weeks. Published 20.08.2024, at 19.25
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– No practice in Norway for that – news Buskerud – Local news, TV and radio
