The reality is that more and more drivers get drunk behind the wheel in the hope of avoiding responsibility. We agree that units succeed.
However, most examples still indicate that an intoxicated driver causes accidents on the road. Therefore, everyone needs to know what will happen if they drive drunk.
It is noteworthy that in relation to drunk drivers, penalties are periodically tightened. This trend is unlikely to change in 2020. As a result, even if you got caught drunk driving for the first time, you need to be prepared to incur administrative responsibility.
In this article:
What is the penalty for drunk driving for the first time?
Many drivers have a question: if you are caught drunk driving for the first time, what will happen? Well, let's try to explain everything.
When a person was suspected of driving in, he may face an administrative fine and a temporary withdrawal of rights. However, this is provided that the driver who was drunk at the wheel did not cause any troubles on the road.
If people have suffered, then criminal liability is not excluded. Everything here will depend on the severity of the consequences.
The likelihood of criminal prosecution increases if you are stopped drunk driving a second time. TO what is the punishment and what threatens in this case? For this provided.
First of all, the judge may impose a large monetary fine. Its amount can range from two hundred to three hundred thousand rubles.
Other sanctions may include forced (compulsory) labor, as well as imprisonment for up to two years.
In no case can you justify the driver who got behind the wheel drunk. However, there are different situations, often in pursuit of the result, traffic police inspectors violate the law.
Drunk driving and administrative fines
If caught drunk driving, what threatens? On this occasion, part 1 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation contains very clear instructions. If the driver's fault is proved by the court, then he will face a fine of 30,000 rubles And for 1.5–2 years.
These sanctions are applied by the court simultaneously. And if the fine cannot be reduced, then the court has the right to reduce the specific period of deprivation of rights (within the above interval).
For example, there are already decisions of the Supreme Court in which the highest instance reduced the period of deprivation of rights for the driver to a minimum.
Caught drunk driving again? In an administrative order, for driving a car 2 times while intoxicated, the punishment is toughened. In this scenario, the culprit may be threatened as arrest for 15 days, and all the same 30 thousand rubles fine.
In addition, if no punishment is imposed, it is allowed.
In any case, you can try to review the very first link in higher authorities. And an experienced auto lawyer who has a successful practice in similar cases can help with this.
How is drunk driving proven?
When the driver was stopped drunk at the wheel, e Naturally, the fact of intoxication must be confirmed by appropriate studies. To do this, in the arsenal of traffic police inspectors there are special certified devices.
If a driver drunk at the wheel refuses to take a test for them, then, according to the letter of the law, he is sent for a medical examination.
By the way, refusal to go to the doctors, from the point of view of responsibility, is equated to driving while intoxicated. In any case, a fine in the amount indicated above is also imposed for this. And at the same time, even if the driver proves that he was sober, it is still unlikely to be able to avoid liability.
Speaking about a medical examination, it should be emphasized that it must follow the procedure established by law (there is a separate order of the Ministry of Health on this matter).
And if it is violated in some parts, then there is a chance to escape punishment. Again, the Supreme Court follows this path in its practice.
Vehicle management needs good coordination and full attention. Drinking alcoholic beverages significantly lowers these characteristics. As a result, a drunk person's car often becomes a threat to society. For this reason, the punishment for this is regularly increased. A drunk driver driving in 2019 runs the risk of receiving a large fine, losing the driving license, and incurring criminal liability.
Allowed rate
You don't have to drink too much to get a ticket for drunk driving. It often happens that a person sits down after a very small dose, and is considered quite sane, but a breathalyzer test suggests otherwise. Or it may be that the driver did not drink at all, but there are drugs after which you cannot drive, as they will also show intoxication.
For this reason, it is important to understand how much a person is generally allowed to drink so as not to disturb the order. According to the legislation, the permissible value of alcohol in the blood fluid is 0.36 ppm, and in the air - 0.16.
If we take into account the fact that one ppm is about a tenth of a percent, it becomes clear that the driver is allowed to use quite a bit. According to estimates, it is allowed to drink approximately fifteen grams of vodka or one glass of light beer. However, this is not before the ride, but about a couple of hours before that. If you plan to get into the car in the morning, then in the evening you also need to limit yourself to use.
How alcohol is excreted from the body
Most people who drink alcohol believe that it will "evaporate" in a short time.
And this, to some extent, is true, because after a while the content of ethyl alcohol decreases. It happens like this:
- Through the skin as sweat.
- Through the kidneys by urination.
- Through the lungs as air.
Motorists should understand that the rate of alcohol exit from the body is different, it all depends on personal characteristics. This is influenced by many factors, including weight, age, health, and even gender.
Examination
The whole process of checking the driver for alcohol consumption occurs in two stages.
The primary is carried out on the road lane by an inspection worker. The reason is the external indicators of intoxication, for example, incoherent, confused speech, coordination problems and so on. The service worker takes the motorist away from the vehicle and checks with a specially designed alcohol tester.
Certification
After the first check, the employee sends the driver to a medical facility for a subsequent recheck. Here the doctor performs a medical examination, which implies a secondary examination on the breathalyzer. Then the driver must pass tests of blood and urinary fluids.
On the basis of research, a health worker writes a conclusion about the presence of a state of intoxication in a person.
Punishment
Almost every day on television and on the Internet you can see notifications of accidents, the culprits of which are considered drunk motorists. The authorities are trying to explain using accessible methods that drunk people cannot drive.
However, appeals alone will not eradicate it. For this reason, in the form of a persuasive means, the bodies of the Ministry of Internal Affairs use fines. The responsibility for drunk driving in 2019 is much more serious.
Thus, fines and periods of deprivation of rights have increased. Among other things, a criminal article has been introduced for this violation. The police appeal to all people, if you see that a person is driving or is already driving while intoxicated, do not remain indifferent. Everyone should know how and where to report a drunk driver.
fines
When imposing fines, two main nuances are taken into account: whether there was an accident, and whether there were previously cases of such an offense, that is, a primary case or a secondary one.
What threatens if the violation is primary
What threatens if you get drunk driving for the first time:
- A fine of 30 thousand rubles.
- Deprivation of a driver's document for 1.5-2 years;
- Arrest for 10-15 days.
A similar punishment for drunk driving awaits someone who does not want to undergo a medical examination.
The same threatens for handing over the steering wheel to a person under the influence of alcohol. Having given a car to a drunk friend, the car owner risks saying goodbye to money and rights for two years.
Drunk driving is criminalized if an accident occurs with serious consequences, and even in a secondary case.
Repeated violation
There are many people who do not learn from mistakes and repeat them again. If a person is caught by an inspection officer in a state of intoxication twice in a year, then this is considered a relapse, which is punished quite seriously.
If you are caught a second time, then you are threatened with:
- A fine of 200-300 thousand rubles.
- Deprivation of VU for 3 years.
- Approximately 480 hours of work.
- Up to 2 years of forced labor.
The same is provided if the violator refuses to pass the recheck for the second time.
Back in 2015, an article was introduced on criminal liability for up to two years in a secondary case.
Many are interested in the question of whether the confiscation of a car for drunk driving is prescribed in the legislation. Despite the fact that the authorities have repeatedly voiced the innovation, but the measure has not been adopted.
If a person was hit by a drunk driver
Hitting is considered a serious accident, for which the admin. and criminal liability. The punishment depends to a large extent on where the accident happened.
There are two options:
- Collision at a crossing, which is regulated or not regulated;
- Outside the pedestrian crossing.
In the first situation, the driver is to blame, he must make sure that there are no people at the crossing, and then drive.
If the person was drunk, this is an aggravating circumstance. It also carries a penalty for driving while intoxicated.
The measure is chosen according to the harm caused:
- Not injured – punishment for drunk driving.
- The pedestrian received slight damage to his health - the recovery of 2500-5000 rubles, or the confiscation of the VU up to a year and a half. Plus, the penalty for alcohol in the blood is added.
- The victim received moderate damage - a penalty of 10 to 20 thousand rubles, the driver's document in this case will be taken away for 2-3 years.
- If there are serious injuries, then work up to 2 years and imprisonment up to 3 years are attributed, as well as deprivation of rights for the same period.
The penalty for drunk driving in 2019 includes the payment of compensation to the victim and relatives of the accident victim.
If the collision occurred outside the transition, then the driver does not respond. But if he was drunk, he will pay a fine for drunk driving and lose his license.
And the pedestrian will pay a penalty for crossing in the wrong zone. There are also cases when a pedestrian throws himself under a car. In this case, the driver will not be held responsible, and, accordingly, there will be no punishment. To do this, it is enough to have a video from the registrar or two witnesses. But if he was drunk, then you have to pay a fine anyway.
Time to pay
The process of paying the penalty, which is described by admin. Code also applies to drunk driving situations.
The term for payment of any traffic fine is 60 days from the moment of its fixation, in our situation - from the moment of conclusion of the medical examination.
Not so long ago, it was decided that drivers who pay a fine in a period of twenty days can get a fifty percent discount.
If the payment is not made on time, then the data on this is sent to the bailiffs, who give the person ten days to voluntarily pay off the debt, and if this was not done, then a punishment is imposed:
- The penalty is increased by 2 times.
- Work up to fifty hours.
- Arrest for fifteen days.
If a person believes that the penalty was issued unfairly, then he can appeal this within a period of ten days.
Is it possible to reduce or delay payment
Liability for drunk driving in 2019 implies quite large amounts. According to the rules, the judge can reduce the fine to a maximum of fifty percent, but good reasons are needed: a necessity when a person is urgently forced to drive.
Also, in court, you can defer payment for a period of not more than three months, when a person has financial problems.
Now it’s clear that driving after alcohol in 2019 is not a cheap pleasure.
How to avoid a charge
In order to avoid punishment, it is necessary to know exactly the procedure for carrying out all procedures. It is difficult to apply this knowledge, because you need to clearly and clearly understand everything, and still not succumb to the provocations of an inspection officer.
- Do not panic.
- Do not admit without verification.
- Do not take dictation.
- Double-check the documentation of witnesses, and find out that they are definitely not traffic police inspectors. There are two of them.
- Do not leave for examination without a traffic police officer.
- View the protocol, the medical certificate, the result of the recheck, referral. Look at the date, circumstances and signatures of witnesses.
- Checking should be carried out only on the device with information displayed on the display and in the presence of a sterile tube.
Is it possible to return the rights ahead of time
The law spells out the possibility of returning the rights ahead of time only for those motorists who were sober.
It becomes clear that it is best to give up driving if you are intoxicated. Drivers who have been revoked for drunk driving will not be able to get their license back early.
Driving a vehicle requires skill and increased care on the part of the driver. The driver driving a car must be collected and adequate while driving, it is strictly forbidden to drive a car while intoxicated. In this article, we will talk about the consequences of drunk driving, and also find out what punishment is provided for this.
Legislation or fines
Driving under the influence of alcohol is prohibited by the current legislation. a driver under the influence of drugs, alcohol or toxic substances is not allowed to drive a vehicle. In case of violation of the law, the driver is subject to administrative liability for an administrative offense. Drunk driving or transferring the vehicle to another drunk person is punishable by a fine of at least $450, as well as deprivation of a driver's license for a period of 2 years.
The driver's license is taken away on the basis of a court decision. If the driver commits a second violation, the fine increases in size and amounts to $ 720, and the driver's license is taken away by court order for 3 years. If a stopped driver drives a vehicle while intoxicated, they can be arrested for 15 days with mandatory community service or have to pay a fine of $450. In the event of an emergency and the presence of injured drivers, the driver will not only be deprived of their rights, but also subject to criminal liability.
Drunk driving
If you are stopped while drunk driving, try not to show aggression and do not resist when stopped, this behavior will help in further conversation with the inspector. If you fail to control yourself and your emotions, then it is possible that a traffic inspector may:
- deprive a driver's license by court order for 2 years;
- issue a $450 fine;
- pick up the car and drive it to the impound lot.
If it already happened that you were made drunk, follow all the instructions of the inspector, answer all the questions posed and do not argue. Remember, the lack of manifestation of character, emotions and excessive not sober courage will help to avoid increasing fines in administrative and criminal violations.
For information! If you resisted driving while intoxicated, the traffic inspector has the right to apply punishment to you in accordance with the regulations “Insulting an official in the course of duty” and “Drunken driving”. In case of use of force or resistance, the inspector may use force, which is legal, as well as a fine of 50 non-taxable minimums.
At the time of detention, a protocol is drawn up with a detailed description of the violation, the driver is warned about the punishment and the vehicle is driven to a penalty parking lot. After all the procedures, the drunk driver is arrested for 15 days with the obligatory performance of community service. The detention is carried out at the station, so it will not be possible to avoid punishment and community service.
Not sober driving or how to behave with an inspector
In order to avoid more punishment, we suggest that you study the recommendations that will help you behave correctly with the inspectors. Algorithm of actions or “drunk driving what to do”:
- don't resist;
- perform all the actions that are required of you;
- answer the questions clearly;
- do not refuse to sign in the drawn up protocol;
- do not refuse to conduct an examination.
Drunk driving is a gross violation, but sometimes there are situations that force the driver to break the rules. There are situations in which you can try to get your driver's license back:
- urgent departure after taking a small amount of alcohol;
- drinking alcohol the night before, before the morning trip;
- deprivation of rights for residual alcohol intoxication;
- when detecting cannobiods in the blood.
In such a situation, experts advise hiring an experienced and professional auto lawyer who will help you understand the case, as well as find possible errors in the process of filing charges. As a rule, inspectors make mistakes that allow them to appeal the charges against them. An auto lawyer will study the case, namely:
- find errors and inaccuracies in the issued protocol;
- check technical devices that check the level of alcohol in the blood;
- perform a search for false witnesses;
- conduct a survey of witnesses, perform clarification of the details of the incident;
- in accordance with the law, will interrogate the inspector in the courtroom;
- wins the case (the auto-lawyer independently represents the interests of the accused person, so you don’t have to attend the trial itself).
For information! In practice, there are cases of returning a driver's license due to an incorrectly drawn up protocol.
If the inspector reveals suspicions about the sobriety of the driver, he has the right:
- find witnesses;
- draw up a document that removes the driver from the ability to drive a car;
- draw up an act of checking the driver for the presence of alcohol intoxication;
- upon confirmation of the violation, draw up a protocol on the detention of the vehicle, send it for a medical examination;
- send a notice to the court for deprivation of rights.
How an examination is carried out
The traffic police officer has the right to conduct an examination, which will be legal only if all the key points of the procedure are observed. The presence of a breathalyzer does not mean that a traffic officer can stop everyone in a row and check for alcohol intoxication. Alcohol testing should only be carried out if there is good reason, evidence and a strong smell of alcohol from the driver. Each reason is displayed in the protocol with the mandatory presence of signatures.
Important! Examination for the determination of alcohol is carried out after the clarification of the milestones of the rights and only in the presence of attesting witnesses. At the request of the driver, the inspector is obliged to provide a certificate of registration of the breathalyzer and the inspection.
Chasing and resisting an authorized person
From practice, there are cases when drivers driving a vehicle while intoxicated tried to hide from authorized employees. If this has already happened, do not try to hide, because. this could lead to an accident, damage to the vehicle and possible injury or death. Stop at the request of the traffic inspector should be regardless of the state. The culture of communication and courtesy will help create the impression that you are a conscious person who is able to take responsibility for your actions and deeds. Adequate behavior will definitely have a positive impact in the preparation of the protocol and in the decision of the court. When chasing and resisting, punishment is applied in the form of:
- issuance of a fine;
- withdrawal of a driver's license from 36 to 76 months;
If there are victims due to the fault of a drunk driver, criminal punishment is applied in the form of imprisonment with a term of 12 to 15 years.
Such a phenomenon as “drunk driving”, unfortunately, still applies to the reality of Russian auto everyday life. Since it is hard not to notice the fact that drunk driving is increasingly leading to accidents and human casualties, the government's reaction was quite logical - in 2014, the President of the Russian Federation signed a law toughening penalties for drunk drivers. Now anyone who is caught driving a car while intoxicated will face more severe consequences for their carelessness than a simple fine.
What changed
- First of all, it is worth touching on the topic of the minimum ppm level. To the surprise of some drivers, it was restored to the level of 0.3. But such changes in the law do not mean at all that it is now possible to arrange a tasting of alcoholic beverages before entering the freeway. The essence of this initiative is that the driver who was caught drunk driving could be easily distinguished from the owners of cars with a special metabolism or those who take alcohol-containing drugs. This is a very important nuance, since many drugs contain alcohol and the driver who takes them, according to the old norms, could easily be punished for drunk driving.
Now such errors, if they do occur, are in extremely rare cases.
- As for the size of fines, they have also changed. Now the minimum amount that the driver will have to pay is 500 rubles. This means that any fine from the category of 300-400 rubles. automatically upgraded to level 500 units. But the maximum punishment for a drunk driver, according to the changes adopted in 2014, can reach 50 thousand rubles. For comparison, earlier the highest fine was equal to 30 thousand.
- But these measures of influence on drunken car owners are not limited. Those citizens who in 2014 will be stopped by traffic police officers for drunk driving and will record that such violations have occurred before, in addition to paying a fine of 200-300 thousand rubles, they will also have to prepare for criminal liability (imprisonment for up to 2 years).
Video about tightening the law:
About penalties
Regarding the situation of the updated fines in more detail, it can be described as follows: if the driver was stopped and for the first time recorded 0.3 or more ppm of alcohol in the blood, then the owner of the car pays a fine of 50 thousand and says goodbye to his rights for a period of 1 .5 to 2 years. But in the event that a delinquent citizen some time later is again caught for drunk driving, he can be deprived of liberty, assigned to corrective labor, or other severe sanctions may be applied.
In 2014, everyone will also strictly relate to the decisive refusal of the driver from a medical examination of his condition. If such a refusal takes place, then the driver is recognized as drunk by default, which means a fine for drunk driving and deprivation of rights for a period of one and a half years.
Those who are caught driving without a license, regardless of the reason for their absence (did not receive or were deprived), in case of refusal of a medical examination, face administrative arrest. If the arrest cannot be applied, a fine of 50 thousand rubles will be imposed. Also, 2014 brought the threat of loss of freedom or correctional labor to those car owners who refused medical examinations twice in a row.
Moreover, in the new year, a tricky trick, the essence of which is to drink an alcoholic drink after the car has stopped, will not work. And assuring the driver that he didn't drink before his car was pulled over won't help. Punishment in the form of criminal liability will be enforced. It is also important to know that a driver who fled the scene of an accident will by default be defined as the owner of the car who drove the vehicle while intoxicated.
Since 2014, harsh measures have been imposed on those who decide to drive drunk without a driver's license. Such behavior will be punished with imprisonment. Such tough measures are due to the fact that people who do not have the right to drive a car, being behind the wheel of a car, initially pose a threat to the lives of pedestrians and other drivers, and even more so when intoxicated. Therefore, if traffic police officers stopped a car driven by a drunk driver, the irresponsible road conqueror will not get off with one fine.
Vyacheslav Lysakov, deputy chairman of the Committee on Constitutional Legislation and State Building, explains the tightening of measures to prevent drunk driving by the fact that accidents caused by a drunk driver at the wheel, as a rule, take the lives of 5-10 people. Of course, such figures cannot go unnoticed.
Money won't save
Changes in the automotive legal field will also become radical for those drivers who, due to their high financial position, are not afraid to pay a fine if they are stopped by traffic police after an active holiday. This year, the rich and drunk will not be able to get away with the so-called reconciliation of the parties in the event of an accident due to their fault.
Previously, in the event of a tragic outcome of an accident, the culprit of which was a drunk driver, the claims of the relatives of the victim or the driver himself could be satisfied by monetary compensation. If the relatives of the deceased or the surviving owner of the car himself agreed to this option, then all charges were dropped from the culprit of the accident, and he avoided criminal liability. But in 2014 things will be different.
Now, when the driver was driving after drinking alcohol, and his driving caused an accident, regardless of the reaction of the injured party, he will be judged. As for compensation for material and moral damage, since 2014 the relatives of the deceased driver, who was not the culprit of the accident, can file a lawsuit and receive an amount sometimes even exceeding compensation in the event of “reconciliation of the parties”.
Thus, on the part of the authorities, a more competent and active approach to the punishment system itself is obvious, the result of which, after recent changes, has been the tightening of measures for those who like driving while intoxicated. It remains to be hoped that such innovations will help correct the difficult situation on Russian roads.
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As it became known to Gazeta.Ru, the lawsuit of the Moscow region car owner, 31-year-old Ivan, whom traffic cops allegedly caught drunk driving, ended in favor of the driver. A resident of Khimki was threatened with deprivation of a driver's license for up to two years and a large fine. After the proceedings, this is what happened: first, the world court decided to subject Vereshchagin to administrative punishment in the form of an administrative fine in the amount of 30 thousand rubles. with deprivation of the right to drive vehicles for a period of one year and six months.
However, with the help of lawyers, Vereshchagin was able to prove his innocence in a higher court and achieve the annulment of the previous decision, which is extremely rare in Russian courts.
Now the motorist wants to punish the traffic police officer, who, as his defense is sure, fabricated the case. To do this, he allegedly used his friend as a dummy witness, and not just once.
How to get caught drunk
Recall that a resonant story took place in the Skhodnya district of the city of Khimki. As Vereshchagin himself told Gazeta.Ru, he and a friend went down from the house to their Kia Rio car and took things from it that his wife had forgotten in a hurry. After that, the man managed to close the car and walk with a friend about 30 m in the direction of the house. Suddenly, a PPS car drove up to them with flashing lights on, followed by a traffic police car.
“The PPP staff asked for documents, I showed my passport, after which they asked us if we had car keys,” the motorist said. I replied that I have them.
To this, the traffic police officers said that I was drunk. So it was, at home I drank alcohol, but I didn’t drive a car, I didn’t even get behind the wheel.
Traffic police officers illegally, without any reason, put forward assumptions that I was driving a car and stopped at the sight of them. I replied that this was not so: only things were taken from the car, I asked to see the video filming, which is always done in a patrol car, and even offered to touch the engine, which was cold. But he was refused."
Then, in order to confirm his innocence, Vereshchagin asked to bring witnesses. His companion offered to act as a witness. The man said that he was ready to confirm that they did not drive the car and did not start the engine.
“Police officers with the words “nothing to be clever” detained me, put me in a UAZ and took me to the police station, and a friend went with me,” Vereshchagin said.
“When I was there, no procedural documents were drawn up on removal from control, on detention, on delivery.
I was brought to the Skhodny police station, they took away the documents for the car and illegally began to draw up protocols. Then I was asked to breathe into the tube. I once again said that I was not the driver. Then I was insistently offered to write a refusal of examination. I replied that I agreed to pass it, but not as a driver, about which I made a note in the direction for a medical examination. The friend was first asked to write an explanation, repeating several times that he would be prosecuted for giving false testimony. He agreed, but then the traffic police said that they did not need an explanation. I was taken to the Khimki drug dispensary alone. A friend asked to go there as a witness, but the traffic police did not take him.”
As a result of a medical examination, Vereshchagin was found to have 0.32-0.33 ppm in his blood, but he did not receive a protocol. After the procedure, already late at night, traffic police officers took the man back home. Suddenly, in the middle of the road, they stopped near the tow truck with the detainee's car. The inspector signed the documents of the special transport driver for transporting the car to the impound lot and only then issued a protocol on an administrative offense under Part 1 of Art. 12.8 (driving a car by a driver who is in a state of intoxication).
How the courts went and how to defend your innocence
In the magistrate's court, Vereshchagin's lawyers tried to prove, in particular, that the documents for the evacuation were drawn up illegally. “The documents were drawn up retroactively, namely when the tow truck driver Viktor Khalimov arrived for the car,” Vereshchanin’s lawyer told Gazeta.Ru. - He later became a witness.
So, in the documents drawn up by the traffic police inspector Dmitry Babonin, the tow truck driver Khalimov was added as a witness with a non-existent address of residence, coinciding with the address of the impound where the car was sent: Khimki, Transportny proezd, 3a.
In addition, we drew the attention of the court to the fact that in the documents on the evacuation of the car and the protocol, information about clear persons (Khalimov V.V. and Nakonechny A.M.) was added later with a pen of a different color. These witnesses were brought to court to testify, but each time they avoided appearing.”
In the Magistrate's Court, Vereshchagin also said that the police did not provide the recording from the video recorder. “In turn, the doctor who conducted the medical examination presented two checks that he could print at any time. The time on the check did not correspond to what was indicated in the act. The report on suspension from driving was drawn up retroactively and not at the real address, ”the accused claimed.
However, the court of first instance did not heed Vereshchagin's arguments.
The judge substantiated the guilt of the driver, based on the documents drawn up by the police and the doctor. The testimony of Dmitry Babonin, who claimed in court that he saw a drunken Vereshchagin at the wheel, became decisive. However, the defenders of the driver, who could lose the opportunity to drive a car for a year and a half, and in case of a repeated incident, end up behind bars at all, did not stop and turned to a higher authority.
As a result, already in February 2016, the appeal was already considered in the Khimki City Court of the Moscow Region.
There, Vereshchagin adhered to his version, which was already proved by new testimonies of witnesses who could be found. As a result, the court took the side of the car owner and found him innocent.
So, according to the protocol of the court decision (available to Gazeta.Ru), interrogated at the hearing as a witness witness Nakonechny A.M. testified that on March 30, 2015 a police officer stopped his car and asked him to be witness. “He agreed,” the document says. - Then
a police officer in an official car drew up protocols in which he signed. He did not get acquainted with the contents of the protocol, as he trusted the police officer and was in a hurry with his girlfriend on business. At the same time, the second witness was not present.
I did not see Vereshchagin himself or at least his car, so he cannot explain anything about the presence of signs of alcohol intoxication in the indicated driver. Having put his signature, the man left. He first saw Vereshchagin only in court.
Complaint about falsification still unanswered
As Vereshchagin's lawyer told Gazeta.Ru, he sent several complaints to the prosecutor's office of the Moscow region, as well as to the head of the traffic police of the Moscow region, about the actions of inspector Babonin (available to Gazeta.Ru). In it, Rybalko claims that the policeman “apparently deliberately falsified the protocols.
“Besides, DPS inspector Dmitry Babonin attracts interested parties as witnesses.
So, Nakonechny, whose signature was on the protocol as a witness, explained at the trial that he knew Babonin visually and, at his request, was involved several times as a witness.
Complaint lawyers demanding an internal audit and disciplinary action in connection with the illegal involvement of Vereshchagin AND.GN to administrative responsibility for hours.1 Article. 12.8 of the Code of Administrative Offenses of the Russian Federation by Babonin D.N.
According to Rybalko, he did not receive a response to complaints. In the traffic police of the Moscow region, Gazeta.Ru was also not informed about her fate and asked to send a request.
It's always the driver's fault
Automobile lawyer Lev Voropaev notes that it is almost impossible to prove the driver's innocence in court in such situations. “It is extremely difficult to fight off such accusations,” Voropaev tells Gazeta.Ru.
“Our judiciary is not inclined to distrust police officers, so the driver is always at fault. There was, for example, a case when a person was deprived of a driver's license because he, being in a state of intoxication, helped push his wife out of an ATV stuck in the snow.
According to the interlocutor, the practice of fabricating such administrative cases is associated with the so-called cane system of work.
“The traffic cops are required to identify drunk drivers so that the indicators do not decrease. And if the inspector didn’t catch a drunk motorist during the shift, then he can go for falsification, just to fulfill the plan, ”Voropaev believes.
The lawyer notes that, once in such a situation, it is necessary to obtain as much evidence of one's innocence as possible.
“In all procedural documents, it is imperative to make notes that you did not drive the car, that, for example, the engine was cold, pronounce these moments clearly on camera, make sure that witnesses pay attention to all these details and also record the circumstances in the protocols. Unfortunately, there is no universal advice on how to avoid such troubles for motorists at all, ”the expert concluded.