What to do if you are accused of drunk driving?
How many times it was - arrived home, drank beer and remembered that they in the car left documents … It is necessary to go down. The same situation can turn out also in a case when, having left shop, the driver decides to trade places with the wife, having put her for a wheel, and itself begins to take alcoholic beverages, but to shop it went … Here from nowhere there are traffic police officers who begin to impute to the driver driving in an alcohol intoxication. How to be also what to undertake not to lose the rights?
Unfortunately, such cases not a rarity, and the cause is, most likely, the plan which is put before the staff of traffic police. And the outstanding plan is actually equated to bad work of the inspector. In turn, the result of bad work means that malicious violators continue to travel about on roads of our country. The simplest scheme of safety of traffic.
There is also it that having noticed the drunk citizen who approached or departing from the car him the police officer, whether it be the district police officer or the militiaman patrulno - sentry duty which brings charge of driving with signs of alcoholic intoxication stops. In that case the police officer has no right to make out protocols and is obliged to call traffic police officers for forwarding of the driver on medical examination.
For establishment of validity of requirements it is necessary to address the Law “ About traffic safety “. In the second article it is specified that a participant of traffic is the person which is directly involved in the course of traffic as the driver of the vehicle, the pedestrian, the passenger of the vehicle.
At the same time traffic is a set of the public relations arising in the course of movement of people and freights by means of vehicles or without those within roads. As the citizen of the movement does not carry out (being in the car, does not move neither on the road, nor out of the road and at the same time that the most important, does not exercise driving) and, so, the structure of an administrative offense is not formed, and there is nothing to show it.
Article 12. 8. 1 Administrative Code provides responsibility for “ Driving by the driver who is in a state of intoxication “. Let`s specify that finding of the driver in the car with the started engine cannot be equated to the fact of driving. The Supreme Court of the Russian Federation also confirmed impossibility of accountability of citizens concerning whom not an established fact of driving. But you should not forget that the protocol made by the traffic police officer, it already the proof of an offense, and it is possible to make such protocol on any person whose adjusting data (a name, a surname, the address) become known.
If you really did not steer the car and it costs parked long enough - include a video camera of the mobile phone or at least the camera and record indications of devices, namely the engine temperature sensor. Remove inspectors, a car interior, the car of inspectors. It is important to photograph also as the arrow on this sensor gradually will rise up, pointing to warming up after start of the engine - the sensor of temperature works and it means that the car stood. To the suitable witnesses point to this circumstance too, and do not forget to specify in the protocol made concerning you that when attracting you to responsibility were carried out by video - and photographing.
How such offenses are still made out? Besides the cases stated above, can happen and so that the citizen going home with a bottle of beer is met meters through 50 from the parking. The citizen came around on the parking, put the car, took beer and goes home - quite standard situation. The police officer asks the citizen to show documents then he begins to make protocols.
How you think who will witness an offense? Of course, the watchman of parking who saw how two minutes ago the citizen drove on the parking territory put the car and left with beer in hands! As “ it appears “ subsequently, this driver did not fulfill legal requirement about a stop of the car and traffic police overtook it only near this parking. Crazy situation, but such tens and hundreds.
In this case witnesses are necessary more than ever! Consider that the fact of not stop is imputed under such circumstances 99% of cases. The inspector, having seen the car which violated traffic regulations or carrying out the movement on an unclear trajectory it is obliged to take all measures for its stop. Let`s address item 13. 6 “ Manual on traffic police “ in which it is specified that for a stop of the vehicle which driver violated traffic regulations special light and sound signals, the loud-speaking " installation are used;. Whether someone heard these signals? Whether saw light signals? Surely pay attention to it.
Imagine other situation. You left the car, perhaps, with violation of the rules of the parking, near one of clubs or restaurants. Having gone outside, you can see the traffic police officers who are on duty nearby. If you approach the car, then nobody will accuse you of management - practically in each institution surveillance cameras from which the driver will be able to use records as the proof of the fact of absence of structure of an offense, that is lack of the fact of management are mounted. There are also chambers and on the street.
It is necessary - to provoke one the driver to violation. The inspector who approached the citizen reports that the car needs to be rearranged as it, allegedly, complicates the movement or is parked with traffic violation of the rules that involves evacuation. Of course, even on a question of shift in a state of intoxication the inspector will wave a hand and will allow it to make … Who studied
in driving school, remembers how the inspector holding exam refers to the fact that it has no time and asks to pass under not burning section of the traffic light or to be developed at the crosswalk, and as a result the citizen does not receive the long-awaited driver`s license. Also and here. The made maneuver is written on a chamber by the inspector`s colleague, and there is quite lawful and reasonable attraction for drunken-driving, certainly, if refusal of survey passing did not follow.
So, materials are formed, and the citizen is faced by the choice: to sign refusal of passing of survey or to pass this survey. How to do right thing? If you did not steer the vehicle, from survey it is possible and it is even necessary to refuse. It is one more argument in favor of the fact that you were not at the time of attraction by the person steering the vehicle, therefore, the requirement of IDPS about passing of survey is illegal.
Remember! Instead of useless proof, disputes and the conflicts with traffic police officers which are always right you approach witnesses and take their phones, make entries of talk on a dictophone, and events - on the camera or the camera, call 02 and record the address upon abuse of office. In a word, take an active position on collecting evidential base, but not useless talk.
Often for implementation of protection against an obvious arbitrariness the method of active search of witnesses when next day announcements with contents " are hanged out is used; who what saw, who that heard “. Always there are those who are not indifferent to problems of companions - motorists and are ready to help.
Perhaps, the general council is following: drank alcoholic beverages - forget that you have a car! Ask the things forgotten by you to take away from the car any the sober or drunk, but not having driver`s license. I understand, it sounds ridiculously, but such is today`s reality. Perhaps, tomorrow something will already change, but tomorrow did not come yet!
Good luck to you, colleagues are car owners!