Emergency legal support for drivers and carriers in Poland

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Emergency legal assistance for truck drivers in Poland is needed when a routine transport suddenly turns into a criminal case. A driver may be detained after a road accident, questioned as a witness, or arrested after officers find drugs, cigarettes, undeclared alcohol or migrants hidden in the trailer. For the transport company abroad, the situation is equally serious: the driver is held in a foreign country, the vehicle and cargo are seized, and the customer is waiting for the goods. We provide fast legal support for drivers and transport companies in Poland, with a focus on defending the driver and recovering the detained vehicle and cargo.

When Does a Driver Need a Lawyer in Poland?

The most common situations include:

road accidents – where the driver caused or participated in an accident resulting in injury or death, or is suspected of driving under the influence of alcohol,
witness status – where the driver witnessed an accident or incident and is summoned for questioning,
smuggling of goods – excise and customs offences involving cigarettes, tobacco, alcohol or fuel, most often prosecuted under the Polish Fiscal Penal Code,
drug trafficking – when narcotics are found in the cargo or the vehicle, which is among the most severely punished offences,
migrant smuggling – when persons attempting to cross the border illegally are found in the vehicle.

The stakes are high. Under Article 264 § 3 of the Polish Criminal Code, organising the illegal crossing of the Polish border by other persons is punishable by imprisonment from six months to eight years, and further increases in penalties for migrant smuggling have been proposed. In many such cases, the driver claims not to have known about the hidden goods or persons. Proving this requires immediate and professional action.

The First 48 Hours After Detention

Under the Polish Code of Criminal Procedure, a detained person must be released unless, within 48 hours of detention, they are handed over to the court with an application for pre-trial detention, and the court then has a further 24 hours to decide. This is the most critical period in the case. A detained foreign driver has the right to contact a lawyer, the right to an interpreter and the right to contact the consulate of their country. The driver may refuse to give explanations, and anything said without understanding the charges can later be used as evidence.

Foreign drivers are particularly exposed to pre-trial detention, as the lack of a permanent residence in Poland is regarded as a risk of flight. A lawyer can argue for alternative measures, such as bail, police supervision or a travel ban, which often allow the driver to leave detention quickly. Early intervention by defence counsel frequently determines whether the driver spends months in custody or returns to work.

Recovering the Vehicle and the Cargo

For a transport company, the seizure of a truck, a trailer and the goods can be as damaging as the charges against the driver. The prosecutor may seize items as evidence or as security for future forfeiture. Where the vehicle belongs to the company and not to the driver, and the company had no knowledge of the offence, Polish law significantly limits the possibility of confiscating it. We file complaints against seizure decisions, apply for the return of items that are no longer needed as evidence and demonstrate the company’s good faith and lack of involvement. We also help release lawful cargo so that it can be delivered to the customer and the company’s losses are limited.

Our Support for Carriers and Drivers

Our criminal defence team works with transport companies that need a reliable partner in Poland in critical situations. Our support includes:

urgent contact with the detained driver and participation in the first interviews,
defence at every stage of criminal and fiscal penal proceedings,
applications for alternative measures instead of pre-trial detention,
representation of the transport company as the owner of the seized vehicle and goods,
communication with the company’s management, insurers and the customer,
analysis of the company’s own exposure and preparation of internal procedures for drivers.

We recommend that transport companies operating in Poland keep our contact details available to drivers and dispatchers in advance. When an emergency occurs, the time saved on searching for a lawyer can be decisive. For broader criminal matters, you may also visit our dedicated Criminal Law in Poland service.

If your driver has been detained in Poland, or your vehicle and cargo have been seized, act immediately. Kopeć Zaborowski Adwokaci i Radcowie Prawni provides emergency legal assistance for drivers and carriers in Poland in criminal and fiscal penal cases. Contact us to get support.