Driving under the influence of alcohol, drugs or other intoxicants or under the influence of drugs that reduce their attention and speed of reaction is subject to administrative liability.
The number of drivers for whom administrative reports are drawn up for drunk driving is only growing every year, for example, in 2020 there were more than 100 thousand. The lion’s share of such protocols indicates numerous procedural violations, facts and circumstances are covered unilaterally and do not reflect reality.
The key in these categories of cases is to establish the state of intoxication of the driver, the inspection procedure is regulated by Art. 266 of the Code of Administrative Offenses, the Instruction on the procedure for detecting signs of alcohol, drug or other intoxication in drivers of vehicles or being under the influence of drugs that reduce attention and speed of reaction, and several other bylaws.
Materials on administrative offenses are sent by police officers to the court of first instance in violation of these rules. The courts of first instance, due to their heavy workload and short time to bring to administrative responsibility, do not thoroughly investigate the circumstances of the case and do not provide them with a proper legal assessment and, as a rule, make decisions recognizing the driver’s guilt.
Such decisions can be appealed to the court of appeal. In the case of a well-founded appeal with a detailed description of all violations that were committed by both the police and the courts, the court of appeal
Thus, in the last won case, the lawyer of Neofelis Lo Group JSC proved that the client’s examination for intoxication was conducted in violation and, as a result, the appellate court found the person not guilty and canceled the fine (the full text of the decision can be found at the link or case number in the USSR 953/7271/20).
Attorneys of Neofelis Lo Group JSC have many years of successful experience of representing interests in this category of cases and can provide qualified legal assistance at all stages of the process.
If you have additional questions or need legal assistance, you can contact us on social networks, via e-mail neofelis.lg@gmail.com or by phone 050 471 7771.
Lawyer of Neofelis Lo Group JSC Volodymyr Romanchenko