Published 29 December 2022 at 10.14
Domestic. Drunken driving with an A tractor, formerly EPA tractor, must be assessed in basically the same way as drunk driving with a car. That is what the Supreme Court affirms in a new judgment in a case involving a drunken 15-year-old.
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Practice has shifted in the courts when it comes to whether a driver of an A tractor, who had an alcohol concentration that exceeds the limit value for aggravated drunk driving, should be sentenced for ordinary drunk driving or aggravated drunk driving.
< p>The Supreme Court now clarifies that, in this regard, drunk driving with an A tractor must be assessed in basically the same way as drunk driving with a car. According to the judgment, a drunken driving offense with an A-tractor is normally to be assessed as serious when the driver's alcohol concentration exceeds the limit values for serious drunken driving in the Traffic Offenses Act, unless it is an exceptional case with mitigating circumstances.
“Despite the low speed, drunk driving offenses with an A-tractor typically a significant risk in traffic. This is particularly due to the fact that the vehicle – as a converted car – has a considerable size and weight. An accident with an A-tractor can therefore have serious consequences, not at least considering the impaired ability to judge and react that drunkenness usually brings,” writes HD.
Driving on an empty county road at night
In the case in question, a 15- year old drove his A-tractor in the middle of the night on a county road with no other traffic. The police took a breathalyzer on him. The test showed an alcohol concentration of 0.55 milligrams per liter, which is above the limit for gross drunk driving.
The Supreme Court considers that there were no mitigating circumstances and that it is therefore a matter of gross drunk driving. The penalty is set at 30 hours of youth service.