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Tougher penalties sought for driving under the influence of alcohol and drugs in Bavaria

Bavaria aims to enforce stricter penalties for traffic violators due to the partial legalization of cannabis.

A depiction of the goddess Justitia.
A depiction of the goddess Justitia.

Bayern wants to push for stricter penalties for those who drive under the influence of alcohol or drugs, those who throw stones on highways, and those who participate in illegal street races. The department head for Bayern, Georg Eisenreich (CSU), plans to present a motion addressing these issues at the Justice Ministers' Conference in Hannover this week. During a press conference in Munich, he stated his intentions.

Citing the potential legalization of cannabis as justification for the renewed push, Eisenreich expressed concern that increased marijuana use would result in an increase of severe traffic accidents. He stated, "The current traffic penal code does not adequately protect some areas in light of the potential legalization of cannabis. We need to update the code immediately."

Eisenreich brought up incidents like a case in early 2023 in Thuringia, where an intoxicated driver killed seven young people. The current law usually results in fines or prison sentences of up to five years if the perpetrator acted unintentionally. Eisenreich argued, "We need harsher penalties for these types of offenses. Fines and short-term prison sentences simply send the wrong message to potential drunk drivers." He suggested the confiscation of vehicles used by offenders as a potential solution. If the offender has been convicted of drunk driving within the past five years before the incident, he also feels this should be considered in sentencing.

Regarding illegal car races, the current law allows for prison sentences of up to ten years if the driver purposefully put their victim in danger. Eisenreich is advocating for amending the law to indicate that convicted drivers who either negligently or deliberately caused the danger should face increased penalties. He also wants to make stone-throwing on highways a legal definition for dangerous interventions in road traffic, which would help prevent these types of convictions from being frequently overturned by the Federal Court of Justice.

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