Driver Loses Appeal to Reduce Fine Under New Law

A driver's attempt to reduce a NIS 1,200 fine to NIS 100, based on a new law that lowered the penalty for his offense, was rejected by the Central District Court in Lod. The court ruled that the new law, which came into effect on February 8, 2026, does not apply to offenses committed before its enactment.

The incident occurred on April 3, 2024, in Rishon LeZion, when a police officer observed the driver holding a mobile phone while driving without a hands-free device. In April 2025, the driver reached a plea agreement, admitting guilt to a lesser charge of not holding the steering wheel with both hands and agreeing to pay NIS 1,200.

Following the enactment of the Administrative Traffic Offenses Law, the penalty for not holding the steering wheel with both hands was set at NIS 100. The driver then petitioned the traffic court, arguing that under Section 5(b) of the Penal Law, a lighter penalty imposed by a new law should apply. The traffic court judge rejected the request, and the driver appealed.

Before the district court, the driver contended that the new law capped the fine for his offense at NIS 100 and that Section 48(a) of the new law, concerning the handling of old cases, did not preclude applying the lighter penalty. The state argued that the new law did not alter the fine agreed upon in the plea deal and that any penalty reduction would be an administrative matter, not requiring a reopening of the court case.

District Court Judge Achikam Stoller acknowledged that Section 5(b) could apply to cases where the imposed penalty is harsher than the new law's penalty. However, he ultimately ruled in favor of the state, citing Section 48(a) of the new law. This transitional provision explicitly states that the law does not apply to offenses committed before its effective date, preserving the previous penalties. The judge also noted that reducing the fine would interfere with the concluded plea agreement, which involved a reduced charge alongside the NIS 1,200 fine. Consequently, the appeal was dismissed, and the original fine stands.