Technical and legislative deficiencies regarding the contravention liability for drunk driving

Abstract

The serious state of affairs in the field of road safety determines the firm intervention of the state in order to prevent and combat effectively, in particular, the acts of drunk driving, which has proven to be one of the main causes of road accidents. In this context, the state established liability for this type of deviant behavior, criminalizing in article 233 of the Contraventional Code of the Republic of Moldova the acts of driving a vehicle in a state of alcohol with a minimum degree or handing over the vehicle to a person who is in a state of drunkenness. An in-depth analysis of the structure and content of Article 233 of the Contravention Code allowed us to form the opinion that the author of the legal norm was poorly inspired, admitted several errors and technical-legislative deficiencies, neglected the basic requirements that must comply with the normative acts. This caused misinterpretation and misapplication of the law.