Whether it is possible to refuse medical examination?
Refusal of performance of legal requirement of the police officer about passing of medical examination on a state of intoxication are a violation of pct 2. 3. 2 traffic regulations of the Russian Federation. Responsibility for this administrative offense is provided under article 12. 26 Codes of the Russian Federation on Administrative Offences are also attracted by deprivation of the right of control of vehicles for a period of one and a half till two years.
Requirements of the police officer about passing of medical examination are lawful only in case of existence of sufficient criteria on the basis of which it is possible to believe that the driver is in a state of intoxication (narcotic or alcoholic).
The government resolution established these criteria :
- an alcohol smell from a mouth;
- instability of a pose;
- violation of the speech;
- sharp change of coloring of integuments;
- the behavior which is not meeting a situation.
Nature of the movement of this vehicle, and also appearance of the driver, in particular, can demonstrate existence of signs of intoxication. As far as they are objective to judge not to us, but, unfortunately, any your poshatyvaniye or stutter can form the basis for the direction you on survey.
For quite some time now survey can be carried out by the inspector on the place in this connection the fact of refusal from outside can be quite reasonable. For example, the driver was granted the right to refuse survey on the place. Such refusal to be qualified under article 12. 26 cannot! As refusal refusal of passing of survey can always serve in medical institution only . can be considered as refusal as
on the basis of the Resolution of Plenum of the Supreme Court of the Russian Federation :
- the refusal of survey passing specified in the protocol on the direction survey;
- a consent to survey passing, but refusal of passing directly in medical institution;
- a consent to survey passing, survey passing, but refusal of passing of one of types of research within survey: for example, refusal of repeated check on the breathalyzer.
We remember that the basis for the direction on survey are legal requirements of the police officer. Thus, if the driver believes that requirements of the police officer are illegal, after registration of all documents the citizen has the right to pass medical examination independently .
Submission subsequently to court by the driver who refused passing of medical examination the act of the survey disproving the fact of its stay in a state of intoxication in itself does not confirm illegality of the requirement of the police officer. The judge in the specified case needs to consider circumstances of refusal of passing of medical examination, a time interval between refusal of survey and passing of survey at the initiative of the driver, observance of rules of carrying out such survey, etc. of
In a case when the inspector specifies such criterion for the direction as “ a pungent smell of alcohol from an oral cavity “ and this criterion is not confirmed when carrying out survey, it will be actually main basis for determination of proceedings on an administrative offense. The act of passing of medical examination will be adopted in court iissledovan on an equal basis with other produced evidence, such as protocols and official report.
Generalizing everything that is stated above we find also of a trick to which traffic police officers with the purpose to be refused from the driver resort:
1. You hurry on affairs. Imposingly the inspector suitable you demands production of documents then the driver reports: The commander, I hurry … The red rag for a bull is prepared. You hurry - means, you will sign refusal.
2. Morning. You steer the car. The polite and friendly inspector inadvertently asks whether took alcohol what the driver without any ulterior motive answers: is not present of course, the inspector, you that. The second same unostentatious question follows: well used yesterday … After the answer “ Yes “ the invitation to survey passing will follow. We do not forget that police officers and especially traffic police officers are psychologists. To you the friendly proposal of one of inspectors to refuse survey by all means will arrive. This offer, as a rule, is confirmed by words: signs of the residual phenomenon it is available at you what sense to go, punishment same.
3. Very often drivers do not read that they sign. The inspector who stopped for small violation begins to make protocols actively: for toning, for not fastened belt, for lack of the first-aid kit …, and the offer follows later: let`s not to waste time, sign, I then dozapolnyu. Only, that not to make check of light transmissivity of windows, write that you refuse examination … The laid-out documents are signed by a fan and to the citizen the notice unexpectedly comes to court.
Never specify in the column “ explanations “ in the protocol on an administrative offense: I hurry, did not go to survey because there was no time, did not see in it sense etc. Such explanations during court session will be accepted as a cause of failure from survey, and it, certainly, will be not in your advantage.
Do not break and do not allow the staff of traffic police to mislead you! Assert the rights! Good luck on roads!