The Turkish Penal Code regulates the crime of endangering traffic safety in two separate articles; the mental element of the first article is intent, while the mental element of the second article is negligence. In this article, we will discuss the crime of intentionally endangering traffic safety, as regulated in Article 179 of the Turkish Penal Code.
Motor vehicles have become an indispensable part of our daily lives. To such an extent that they have ceased to be a luxury item and have become a necessity. We use motor vehicles in many areas, such as personal use, school use, and transportation. Although the relevant article provides a general regulation for land, air, sea, and rail transportation, the purpose of this article is to provide information about the legal proceedings encountered as a result of driving a motor vehicle under the influence of alcohol or drugs, which is the most common situation encountered in daily life.
During traffic checks conducted by traffic police, if the measurements taken by the traffic police reveal that your blood alcohol level exceeds the legally defined limits based on the intended use specified in your license, your vehicle will first be impounded, or you will be required to call the license holder to retrieve the vehicle. Subsequently, an administrative traffic fine will be imposed for driving under the influence of alcohol, and your driver’s license will be temporarily suspended for the first time. Up to this point, the legal limit is 0.50 promille for private vehicles, while it is lower for commercial or passenger transport vehicles.
If your blood alcohol level is 1.00 or higher, an investigation will be launched against you in accordance with Article 179/3 of the Turkish Penal Code, and as a result of the investigation, criminal proceedings may be initiated. Turkish Penal Code, Article 179
“(1)
To ensure the safe flow of land, sea, air, or rail transportation vehicles, by altering, rendering unusable, removing from its place, giving incorrect signals, placing an object on the passage, arrival, departure, or landing route, or placing an object on the passage, arrival, departure, or landing route. Any person who interferes with the operating system and thereby creates a danger to the life, property, or health of others shall be punished by imprisonment for a term of one to six years.
(2) Any person who operates or manages land, sea, air, or rail transportation vehicles in a manner that endangers the life, health, or property of persons shall be punished by imprisonment for a term of three months to two years.
(3) A person who is unable to safely operate or control a vehicle due to the influence of alcohol or drugs or for any other reason shall be punished in accordance with the provisions of the preceding paragraph.
The provisions of this article establish the punishment and elements of this offense. The competent court for this offense is the criminal court of first instance.
If you encounter such a situation and do not trust the measuring devices, you should remember that you have the right to go to the hospital and have a blood test done.
In order to fully protect your rights, it would be in your best interest to seek legal assistance from a lawyer in both administrative fines and reinstatement cases, as well as in criminal investigations and prosecutions.