He drove without a license and used a phone: The Supreme Court of Poland unexpectedly sided with the driver
In Poland, a driver was fined 1,500 zlotys and banned from driving for 10 months after he drove without a valid driver’s license, operated a vehicle not permitted on the road, and used a mobile phone during the trip. However, the Supreme Court of Poland concluded that such an additional punishment was imposed illegally, as the law did not allow depriving the driver of the right to drive for the offenses he was found guilty of.
The Criminal Chamber of the Supreme Court of Poland in case No. II KK 189/26 satisfied the cassation complaint of the Prosecutor General, who appealed in favor of the driver, and annulled the verdict in the part concerning the driving ban.
What the driver was held accountable for
The case materials show that the driver operated a vehicle without a valid driver’s license. Additionally, the vehicle was not permitted for road traffic according to Polish law requirements.
Also, during driving, the man used a mobile phone, holding it in his hand, which violated traffic rules.
At the same time, no traffic accident or other consequences occurred.
What punishment the court of first instance imposed
The district court found the driver guilty and imposed a fine of 1,500 Polish zlotys.
In addition, the court applied an additional punishment — a ban on driving motor vehicles for 10 months.
The legality of this decision became the subject of review by the Supreme Court of Poland.
Why the Prosecutor General appealed the verdict
The Prosecutor General filed a cassation complaint in the interest of the driver, indicating that the court incorrectly applied Article 94 § 3 of the Polish Code of Petty Offenses.
In his opinion, this provision allows imposing a driving ban only in cases explicitly provided by law. The circumstances of this case did not meet these requirements.
Therefore, the prosecutor requested to annul the verdict in the part of the additional punishment.
What the Supreme Court of Poland decided
The panel of judges agreed with the arguments of the cassation complaint.
The Supreme Court explained that Article 94 § 3 of the Polish Code of Petty Offenses mandates the application of a driving ban only to persons who committed a specific offense defined in Article 94 § 1 of this Code.
In this case, however, the driver was found guilty of driving a vehicle not permitted on the road and using a mobile phone while driving.
Therefore, there were no legal grounds to deprive him of the right to drive.
The court also noted other violations
The cassation complaint also stated that the case was considered in a summary proceeding, although there were doubts about the correct legal qualification of some of the driver’s actions.
According to the Prosecutor General, under certain circumstances, his actions could have been qualified under another article of the Polish Code of Petty Offenses concerning driving without proper lighting or leaving a vehicle without mandatory lighting.
At the same time, the Supreme Court noted that even if the main punishment could have been harsher under the correct application of the law, this does not change the main conclusion: the driving ban in this case was imposed contrary to the law and could not be applied.
Final decision
The Supreme Court of Poland annulled the verdict only in the part of the illegally imposed driving ban.
Since the violation concerned only this type of punishment, the court did not make a new decision but limited itself to canceling the illegal sanction.
The Criminal Chamber of the Supreme Court of Poland made the relevant decision on July 2, 2026, in case No. II KK 189/26.
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