The lawyer told how to save rights if stopped for a ride while drunk
In Ukraine, as practice shows, even a sober driver risks losing his driver’s license for drunk driving.
Lawyer Dmitry Mokhniuk made advice to motorists who were stopped by patrol police suspected of alcohol intoxication.
A debate about the reason for stopping is not a good idea.
There are quite a few videos on the Internet where motorists demonstrate their “debate” with police representatives. However, entering into a polemic with the policeman, you should weigh the pros and cons.
Indeed, the law establishes an exhaustive list of grounds for stopping a vehicle by a police officer and the duty of a police officer to inform the driver about the specific reason for the stop. Such a reason for stopping as a check for intoxication is not provided. But another reason is provided for – violation by the driver of traffic rules. So, paragraph 2.9 of the SDA prohibits driving while intoxicated or intoxicated.
Some drivers may be annoyed:
“How can a policeman know that I, a law-abiding driver, are intoxicated?” He is not a telepath, not a superman to determine this from a distance, without stopping the car. No, such a reason for stopping does not suit me, and I don’t see any grounds for presenting documents.
You can understand such a driver – it’s unpleasant when you are stopped just like that, and they even require you to undergo an examination, which will take 30 minutes of your time. Nevertheless, we do not recommend in such a situation to refuse to provide documents to the police officer – for such a refusal regarding the driver, a protocol can be drawn up under Art. 185 Code of Administrative Offenses for malicious disobedience to the lawful order or demand of a policeman and, in appendage, the protocol under Art. 130 of the Code of Administrative Offenses in the event of a driver’s refusal to undergo a survey. And then, already exclusively in court, it will be necessary to prove their case.
Refusal of examination equals guilty plea.
Many drivers are aware of the presumption of innocence and sincerely believe that it is the policeman who must prove that the driver is drunk or intoxicated and that the driver does not have to spend his time passing the examination.
This position is erroneous – the very fact of the driver’s refusal to survey is already an offense and entails liability under Art. 130 CAO. In this case, it doesn’t matter whether the driver was really drunk or not – by voicing his refusal to be examined, he automatically became an intruder.
Police officers very, very often take advantage of driver ignorance. Everything happens as follows: they stop the driver, offer to go to a medical institution for an examination. If you feel that the driver is not behaving confidently, they immediately say that you can’t go anywhere, but offer to draw up a protocol, return the driver’s license and let the driver go (either on foot or with another person driving). The driver for joys even forgets to inquire, and what threatens him with such a protocol. But in vain, because he faces exactly the same punishment as the driver who passed the breath test (having established an excess of alcohol in the blood) – a fine of 10,200 hryvnias and deprivation of a driver’s license for one year.
You can disagree with the results of the examination at the stopping place and require an examination in a medical facility.
Examination for the detection of alcohol or drug intoxication may be carried out:
- police officers at the place of stop using special technical means (for example Drager);
- a doctor in a medical institution.
One can and should disagree with the results of on-site examination (of course, if they do not suit you) and at the same time require delivery to a medical institution for an additional examination. If the policeman refuses to fulfill your request (and there have been such cases), you should definitely write about it in the protocol in the column “explained especially to be attracted to the administrative office”.
If possible, record what is happening on the camcorder.
A video camera is mounted on the uniform of patrol police officers. The results of video surveillance can be used by the court as evidence of the presence or absence of fault of the driver, as well as confirm the facts of violations by the police. However, there are some nuances:
- the policeman is not obliged to record on a video camera all 100% of the time spent communicating with the driver; therefore, only certain fragments of what is happening can be presented to the court;
- video surveillance materials may be requested by a lawyer, and may be requested by a court;
- video surveillance materials are stored for a limited period (usually 30 days).
- Given the above, we recommend that you record all events from the moment the patrol officer stopped the police on your own video camera..
Do not refuse to sign the protocol – on the contrary, sign and indicate all the violations you identified by the policeman.
In the event that a protocol has been drawn up for you under Art. 130 of the Administrative Code does not make sense to refuse to sign it – the fact of signing does not mean your agreement with its contents. Moreover, the protocol should record all violations of the police officer, for example:
- did not provide a certificate of conformity and (or) a certificate of verification of the breathalyzer;
- inspection was carried out without witnesses;
- witnesses were prepared by police officers;
- did not give an inspection certificate based on the results of the breath test;
- refused to deliver to the medical institution for examination.
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