At the time the resolution "drink driving" in the society received a mixed reception - many people talk about the fact that such a rule will lead to an increase in traffic accidents, they say, our people measures't know. But the drivers took innovation to cheer. Because the new regulations were allowed to defend themselves against unfounded allegations, for example, if the driver takes an alcohol-based medicine.
But is it really easier to prove his innocence in this case? As it turned out, the idea of checking drivers using alcohol tests actually failed devices purchased so low that the inspector still, even with the hint of the smell of alcohol from his mouth, and accused the driver of drunk driving. And to fend off such accusations is extremely difficult because judges and society believe that if the driver is drawn up, so he was really drunk. Some inspectors, accusing drivers, hinting at a bribe. To fend off accusations in such cases, the driver must be very well aware of their rights.
HOW TO CHECK THE SOBRIETY OF THE DRIVER ACCORDING TO THE LAW
Upon verification shall draw up a Protocol, and to make a definitive conclusion about the state of intoxication is only entitled doctor
THE INSPECTOR'S RESPONSIBILITIES AND RIGHTS OF THE DRIVER
1. The fellowship. The inspector calls the essence of strict tort - governance in the state of alcoholic intoxication. The policeman removes the driver from operating the vehicle and reported that in the presence of two witnesses going to inspect using the breathalyzer. Then prompts the driver to take the test voluntarily. According to Art. 130 ALCO, refusal of examination is equivalent to the recognition in alcohol.
2. Protocol. Upon inspection, the inspector shall draw up a Protocol, which specifies the signs of intoxication. After that the policeman stops the two witnesses and writes the data in the Protocol.
3. Checking. The inspector takes the breathalyzer, tells how, specifically, will conduct research shows documents on the device (certificate of state registration and verification) and asks the driver to blow up.
- If the result is less than 0, 2 ppm. The inspector must write in the appropriate box of the Protocol that alcohol in the blood were not identified or it is, but in a valid number with reference to the device. Then give a copy of the Protocol driver and to let him go.
- If the result is greater than 0, 2 ppm. The inspector asks the question: would the driver with the results.
a) If "agree". The Protocol is passed to the court, the driver released.
b) If "disagree". The Protocol does not specify anything, the driver sent to hospital. While the inspector fills out a request form, which enters the name of the medical institution, the Protocol number, the date, the results of the examination using techcrete (indicates the number of the breathalyzer). Shipping to the doctor is in a car inspector and auto driver remains parked at the stop.
CHECK IN THE HOSPITAL
1. At the time of arrival at the point of examination of the drivers from the inspector must be completed Protocol and direction, but the test results using the breathalyzer he fit is not right.
2. The doctor fills the act of examination, after that conducts research on 12-point (check the response of the pupil to light, pulse, blood pressure, and physiological condition of the driver).
3. 20 minutes after the first check, the physician must perform it again.
4. The doctor is obliged to take the driver of biological samples (saliva, urine and swabs from the surface of the lips, the skin of the face and hands, blood) in two containers - one of them examined, and the contents of the second lasts for 90 days in case the driver wants to order a re-examination during the trial.
5. Conclusion the results should be in triplicate: to the COP, the driver and the doctor for the report. On the basis of the output of the physician the results of the examination of the driver recorded. The Protocol inspector must make every direction.
If the doctor believes that the driver is not intoxicated, the driver release, regardless of the results of the breathalyzer.
During the sound diagnosis of the driver (drunk or sober) in the same room should be the driver, and the state inspector.
ATTENTION! If in the process of checking the driver is not made at least one paragraph statement, the results of such examination shall be considered invalid.
The law stipulates the right of the driver to apply for analyses in other institution. In practice, however, other public hospitals in the tests fail.
6. If the driver admitted drunk, car, according to senior 265-2 ALCO, is blocked by special means. Shipping on shtrafploschadku is carried out only if the car significantly (! ) interferes with the flow of traffic (covers the roadway).
7. The Protocol violation and driving law passed in court, which is hearing the case within 90 days.
LAWYER: TO CHECK THE SOBRIETY REQUIRED ON SITE
The medical center. Is in the same building with the regiment GAI MOI
The head of the public organization "Traffic control" lawyer Rostislav Shaposhnikov said that the traffic police when conducting a medical examination of drivers often ignore the law. So, according to him, most inspectors "blow" drivers not making Protocol.
- In fact, with the exclusion of the driver from the vehicle control authority applies one of the forms of administrative detention. If the check determines that the driver is sober, the inspector may be appealed. Including sue illegal actions and abuse of power, to demand compensation for moral and material damage, " says the expert.
In addition, regulations have a "hole". According to senior 266 ALCO, the CMU resolution No. 1103 from 17.12.08 and the Order of the Ministry of interior No. 400/666 in the case of a state inspector from the driver signs of alcohol intoxication, he is obliged to carry out the procedure of inspection at the stop with the use of special means in the presence of two witnesses." No law obliges the driver to go to the doctor, if he does not waive the on-site verification. That is, if the inspectors do not have a breathalyzer, to direct the driver to the doctor illegally.
A source in the interior Ministry reported that the regulations were written so with the expectation of purchasing the breathalyzer in large quantities. However, all over the country they were purchased a total of 140 pieces, i.e. one unit in every major city. For example, podejurit night under the building the only point medical examination of the driver in Kiev, we counted 15 cases ever brought by drunk drivers, but none of the crew GAI breathalyzer in the car was. It is worth noting that the public organization "Traffic control" filed on police in the court, but the first instance was lost - the judge did not set a precedent that will allow drunk drivers to avoid responsibility. Obviously, there must interfere with the legislator.
"Drunk"
The worst situation in Kiev - drivers charged with drunkenness in the presence of any amount of alcohol in the blood and pick up the vehicle, which is then taken to a private shtrafploschadku to pick out the car can only 800 UAH. Why was the accepted norm, if nobody checks?
Note that in last year's "Today" on this site wrote after publication the price was lowered to 100 UAH, and the cars were dumped only for very serious violations (previously the car was taken even for expired motor vehicle liability insurance policy). However, in less than three months, as prices on the shtrafploschadkoy again increased to 260 UAH.
According to estimates by eye, on the shtrafploschadkoy there are over 200 places and they are all involved to calculate earnings easily. Maybe this is true for drinking should be punished very severely. But so is illegal.
In Art. 265-2 ALCO written that the return of the detained vehicle is solely free of charge, and even if such payment is taken, according to CMU, its size is 10 UAH/day.
Given the increased activity of the police personnel on the content of this site vehicles offenders - drivers accused of drunk driving, will take the liberty to assume that this business is supported by someone of high ranking officials. According to rumors, before each crew GAI should plan at least two cars per day.
However, no need to send a car, even a drunk driver, it is shtrafploschadku, no - according to Art. 265-2 ALCO, the vehicle must be blocked by the substance (e.g., blocker). Shipping on shtrafploschadku should be carried out only if the auto significantly! ) interferes with the flow of traffic (covers the roadway). This legislation obliges police officer, before to detain the vehicle, suggest to the driver to call another licensed driver who can sit behind the wheel and drive away auto.
The Prosecutor's office, after the appropriate messages to motorists with complaints, 13 may of this year, has ordered the GAI to terminate the agreement with a specified area according to the prosecution, it violates the budget legislation. However, as we have seen journalists Today, this instruction does not perform so far! Looks interesting, one of the answers to the Prosecutor's office on the scan results: cars take on shtrafploschadku for the reason that GAI Kiev no money to buy blockers...
DETENTION = THEFT? As we have seen journalists Today, in some cases, the inspector at the wheel of a car violator of the rules set down by yourself and take the car on shtrafploschadku its course. According to the interviewed lawyers, such actions fall under Art. 289 of the criminal code ("Illegal acquisition of a vehicle") is the owner of the car need to submit a statement to the police.
THE INSTRUMENTS TO TEST THE SOBRIETY
It is important to know that the so-called "tube" devices "Control sobriety") so as cancelled. The validation procedure is carried out with the help of latest breathalyzer. Tolerances have four German unit: AlcoQuant 6020, Alcotest model 6510, 6810, 7410 Plus com and one Belarusian - "Alcont 01". In the traffic police often use Alcotest 6810 kit with printer.
The driver must blow into the device through a disposable mouthpiece. On the printer breathalyzer state inspector prints a receipt (in duplicate) stating the date and time of inspection, a measurement result and its serial number. One is attached to the original adminprotokola, the second one to copy. The results of the inspection are recorded in adminprotokol.
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