Defender

Being subjected to unjustified criminal prosecution can be a heavy burden – both psychologically, socially and financially. Fortunately, there are rules in Norwegian law that give you the opportunity to seek compensation if you have been subjected to unjustified criminal prosecution. Here you will get an overview of who can claim compensation, what you can get covered, and how to proceed.

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What is meant by unjustified criminal prosecution?

Unjustified criminal prosecution means that someone has been the subject of an investigation, arrest, detention, indictment or trial – without ultimately being convicted, or if the person concerned is later acquitted. It can also be a case of cases that are dropped after the person concerned has been subjected to significant interference.

The purpose of the compensation scheme is to provide compensation for the injustice and burdens that have been incurred as a result of a process that turns out to have been unjustified.

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Who can receive compensation?

You may be entitled to compensation if you have been:

• Arrested without later being charged
• Remanded in custody without conviction
• Subjected to house search or seizure without it leading to a lawsuit
• Indicted and later acquitted
• Victim of a procedural error by the police or prosecution

Compensation can be granted regardless of whether someone has acted negligently or made a mistake – it is sufficient that you have been subjected to an intervention by the legal system without there being any basis for this.

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What can you get reimbursed for?

The compensation can cover both financial and non-financial losses. The most common are:

• Lost income: For example, wages you were not paid because you were in custody or lost your job.
• Expenses: Costs for legal assistance, travel expenses or other expenses directly related to the case.
• Tort and injury: A standard compensation for the burden you have suffered, such as stress, lost reputation and invasion of privacy.

The amount of compensation is assessed specifically in each individual case, and the amounts may vary depending on how serious the intervention has been.

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How do you seek compensation?

The state is responsible for paying compensation in the event of unjustified criminal prosecution. Applications for compensation are submitted to the Norwegian Civil Rights Administration (SRF), which assesses the claim in accordance with the provisions of Chapter 31 of the Criminal Procedure Act.

The application should contain:

• Description of what you have been exposed to
• Documentation of any financial losses
• Information about the legal process
• Any decision or judgment

It is recommended that you contact a defense attorney with experience in tort law for assistance in the process. In most cases, you can have your attorney's fees covered through the legal aid scheme.

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Deadline for claiming compensation

An application for compensation should be submitted as soon as possible after the case has been concluded. You usually have 3 years from the time you learned that the criminal case was dismissed or you were acquitted. It can be unfortunate to wait too long – both because the evidence is weakened, and because a long wait can affect the outcome.

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Do you need help in such a matter?

If you have been subjected to unjustified criminal prosecution, you have good opportunities under Norwegian law to claim compensation from the state. The scheme is there to restore a certain amount of justice and provide compensation for the burden you have been through.

Would you like help evaluating your case? Contact one of our experienced lawyers for a free assessment – ​​it may be a good place to start.

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A lawyer who specializes in traffic cases offers legal assistance to people involved in traffic-related incidents, whether it concerns criminal cases such as drunk driving and speeding, or compensation cases following traffic accidents. This ensures that you receive good guidance and representation throughout the process.

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Legal assistance in traffic cases

In cases involving traffic violations, the consequences can be serious, including loss of driver's license, fines, or imprisonment. Lawyers specializing in traffic cases assist clients in cases involving, for example:

• Speeding
• Driving under the influence of drugs
• Illegal overtaking
• Illegal mobile phone use
• Loss of driving license

Here, it is common for a lawyer to provide advice on rights and potential consequences, assist in evaluating evidence and circumstances to ensure fair treatment, as well as represent the client in court.

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Compensation cases after traffic accidents

If you have been involved in a traffic accident, complex issues related to compensation for personal injuries and financial losses may arise. Lawyers with experience in traffic cases can help with:

• Documentation of injuries to ensure that all physical and psychological injuries are correctly documented
• Negotiating with insurance companies to obtain fair compensation for lost income, treatment expenses and other related costs
• Representing the client in court if an amicable solution is not reached

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Why choose a specialized lawyer?

Traffic cases can be legally complex and a great burden for those involved. A specialized lawyer has in-depth knowledge of both traffic regulations and tort law and can provide you with the best possible support throughout the process.

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By engaging a lawyer with experience in traffic cases, one can navigate through the legal challenges more effectively and ensure that one's rights are protected in the best possible way.

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If you have questions or want to talk about a case, you can contact us at Insa lawyers - completely free of charge.

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Drunk driving is a serious traffic offense that can have major consequences, both legal and personal, and in the worst case, it can lead to personal injury. If you have been caught drunk driving, it is important to understand your rights and obligations, and how a lawyer can help you through the process. In this article, we will give you an overview of what happens after a drunk driving conviction and why it may be a good idea to contact a lawyer who specializes in such cases.

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What is drink driving?

Drunk driving means that you are driving a motor vehicle with a blood alcohol content that exceeds the legal limit in Norway. The limit for drunk driving is 0.2 per mille. This means that even small amounts of alcohol can lead to an offence.

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The limits also apply to drugs other than alcohol, and any possible influence can be assessed through a blood test or medical examination.

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What happens when you get caught for drunk driving?

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1. Stopped by the police

The police may stop you for a check if they suspect you are driving under the influence or are conducting routine checks. If you test positive for a breathalyzer test, you may be asked to take a blood sample to determine your exact blood alcohol level.

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2. Confiscation of driving license

In most cases, the police will confiscate your driver's license on the spot if you have been caught driving under the influence of alcohol. The confiscation of your driver's license is temporary until a final decision is made in the case. The final length of the confiscation depends on the alcohol level and the severity of the situation.

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You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.

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3. Charge and fine

You will receive a charge of drunk driving. This can result in fines, a suspension of your driver's license, and in some cases, imprisonment. The size of the fine and other consequences depend on the blood alcohol level, any damage you have caused, and whether you have previous convictions for similar violations.

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4. Legal proceedings

For serious cases, the case may end up in court, where you can receive a sentence based on the circumstances surrounding the violation.

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Consequences of drink-driving

Being caught driving under the influence can have both short-term and long-term consequences:

• Fine: Usually calculated based on your income and the severity of the incident.
• Driver's license seizure: Duration depends on the blood alcohol level, from several months to several years.
• Prison sentence: Common for high blood alcohol levels or in cases where drunk driving has caused harm or danger to others.
• Dots on your criminal record: Can affect your ability to apply for a job or travel to certain countries.
• Financial consequences: The insurance company may claim compensation for damages you have caused, and it can be expensive to get your driver's license back after the suspension period ends.

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Why contact a lawyer?

A lawyer with experience in drunk driving can help you understand your rights and possibly get a reduced sentence. This may include:

• Evidence assessment: A lawyer can examine whether police procedures were followed correctly during the stop. Any errors may be important to your case.
• Reduction of sentence: An experienced lawyer can argue for a lighter sentence, such as a reduced fine or shorter driver's license suspension.
• Guidance in court: If your case ends up in court, a lawyer will represent you and ensure that your side of the case is clearly presented.

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How is the blood alcohol level assessed?

The penalty for drunk driving varies with the blood alcohol level:

• 0.2–0.5 per mille: Fine and possible driver's license suspension for up to one year.
• 0.5–1.2 per mille: Higher fine, driver's license confiscation and possible imprisonment of up to three months.
• Above 1.2 per thousand: Prison sentence of at least 21 days, significant fine and longer driver's license suspension.

If the drunk driving has led to a traffic accident or injury to others, this will further increase the penalty.

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Tips if you are caught drunk driving

1. Cooperation with the police: It is important to act politely and cooperatively during the check.
2. Do not accept that your driver's license be confiscated on the spot: The case will then be brought to court, and a judge will decide whether the conditions for confiscation are met.
3. Contact a lawyer as soon as possible: A lawyer can give you advice from the very beginning of the case, which can be crucial to the outcome.
4. Avoid repetition: Show a willingness to correct your mistake, for example by participating in alcohol programs or demonstrating positive change.

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Summary

Drunk driving is a serious offense that can have major consequences for both you and others. By contacting an experienced lawyer , you can get the help you need to handle the case in the best possible way. We at Insa lawyers have extensive experience with driver's license confiscation and drunk driving , and can assist you throughout the entire process, from the police investigation to a possible trial, and ensure that your rights are protected.

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Remember that prevention is better than ending up in such a situation. Avoid getting behind the wheel if you have drunk alcohol, and take responsibility for your own safety and that of others on the road.

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