{"id":7149,"date":"2026-07-13T16:41:30","date_gmt":"2026-07-13T16:41:30","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7149"},"modified":"2026-10-31T15:00:46","modified_gmt":"2026-10-31T15:00:46","slug":"traffic-offenses-when-you-risk-a-criminal-case-and-what-defenses-you-have","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/infractiuni-rutiere-cand-risti-dosar-penal-si-ce-aparari-ai\/","title":{"rendered":"Traffic offenses: when you risk a criminal case and what defenses you have"},"content":{"rendered":"

A traffic violation can result in a fine or, if the conditions of the law are met, constitute a crime. The classification depends on the specific act, the vehicle category, and the evidence in the case file. The relevant articles are mainly Articles 335\u2013338 of the Criminal Code and the provisions of GEO no. 195\/2002 on traffic on public roads.<\/p>\n

Below are presented some common situations. The information does not replace the analysis of the citation, the minutes or the documents of the case file.<\/p>\n

Leadership without authority<\/h2>\n

Article 335 of Criminal Code<\/a> distinguishes between driving by a person without a license and driving when the license is inappropriate for the category, withdrawn or revoked, when the right to drive is suspended, or when the person does not have the right to drive in Romania. The classification and punishment depend on the specific situation provided for by the article.<\/p>\n

Alcohol while driving: two different thresholds<\/h2>\n

For the offense provided for by Art. 336, paragraph (1) of the Criminal Code, the text refers to an alcohol intoxication. more than 0.80 g\/l pure alcohol in the blood<\/strong>. This is the legal threshold for blood analysis.<\/p>\n

The value measured in the exhaled air has another role. According to Article 88 of the Ordinance no. 195\/2002<\/a>, The value of more than 0.40 mg\/l pure alcohol in exhaled air leads to the mandatory collection of biological samples to determine the alcohol level. The value of the exhaled air device should not be confused with the threshold expressed in g\/l blood and does not by itself determine the outcome of the criminal case.<\/p>\n

Psychotropic substances<\/h2>\n

Article 336, paragraph (2) of the Criminal Code concerns the driving of a vehicle by a person under the influence of psychoactive substances. According to Compulsory decision of the CCJ no. 25\/2025<\/a>, It is necessary to establish both the presence of the psychoactive substance in biological the evidence and its ability to cause impairment of the ability to drive. A positive rapid test is a preliminary result and should not be presented alone as a verdict on the existence of the crime.<\/p>\n

In an analysis, we can take into account the identified substance, the nature of the sample, the timing of testing and collection, the toxicological findings and other evidence. For detailed explanations about the ICCJ ruling, see also analysis of Decision no. 25\/2025<\/a>.<\/p>\n

Refusal to collect biological samples<\/h2>\n

Article 337 of the Criminal Code criminalizes the refusal or evasion of the collection of biological samples under the conditions provided by the article. It is a separate offense from driving under the influence of alcohol or psychoactive substances. It does not automatically imply that the driver was under the influence; the imputed behavior and the legal conditions of the collection in the specific case must be analyzed.<\/p>\n

Leaving the scene of the accident<\/h2>\n

Article 338 of the Criminal Code punishes, under its conditions, leaving the scene of the accident without the approval of the police or the prosecutor, when the event falls within the scope of the penal text. The law also lists situations in which leaving does not constitute a crime, including accidents that result only in material damage.<\/p>\n

The transport of a wounded person to a medical facility is an exception with specific conditions: for example, the lack of another means of transport, the communication of identification data and the immediate return to the scene of the accident. It is not a general permission to leave after any accident. In an emergency, prioritize medical assistance and immediately notify the authorities; the situation is then verified in accordance with the legal text and documented facts.<\/p>\n

What the defense checks in a road traffic case<\/h2>\n