Blog
The Supreme Administrative Court has ruled that a licence cannot be automatically confiscated from a driver who has failed a breathalyser test. It is required that the administrative authority determine the specific circumstances and specify them in the reasoning of its decision. The Supreme Administrative Court thus changed the previous judicial practice.
Our client was represented before the Court by Mr Štěpán Holub.
This follows from the judgement of the Supreme Administrative Court of 18 April 2018, Ref. No. 10 As 174/2017 – 27, published on the website here.
According to the judgement, the administrative authority must examine what reasonable criteria should be met for invoking such a serious consequence as provisional confiscation of a driver’s license (circumstances of the given act; degree of the driver’s intoxication; the driver’s history of infractions, etc.) and should describe in its decision the degree to which the criteria are met. If the authority fails to do so, its decision cannot stand as the court will be unable to review the exercise of administrative discretion. This is also why the Court quashed the previous judgement of the municipal court, which had adopted the conclusion that there was no room for discretion and the authority always had to decide on confiscating the licence if there was justified suspicion of driving under influence.
In this judgement, the Supreme Administrative Court thus changed its previous legal opinion expressed in case 5 As 74/2010.
More articles:
Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."