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- Date published: 14/04/2018
- Link to publication: copy
The correct procedures for checking driver's state of intoxication allows you to identify the real perpetrators, and protect car owners from extortionists.
During the holidays quite often drivers are stopped to check for alcohol intoxication. For some police officers is a conscientious performance of their duties, for others a way to "make". For example
However, both police and drivers should follow certain rules of process. If they know a sober driver, he can protect themselves from unpleasant consequences in the form of deprivation of rights and heavy fines.
To begin with, that the mere fact of a police stop of the vehicle must be lawful.
So, article 35 of the law of Ukraine "On the national police" onpredelay that the police can stop a vehicle if:
1) if the driver violated traffic Rules;
2) if there are clear signs testifying to technical malfunction of the vehicle;
3) if there is information that indicates the involvement of the driver or passengers of the vehicle to commit a traffic accident, criminal or administrative offense, or if there is information that indicates that the vehicle or cargo can be object or instrument for the Commission of an accident, criminal or administrative offense;
5) when you want to poll the driver or passengers about circumstances of Commission of road accident, criminal or administrative offense witnesses whom they are or could be;
6) if you want to attract the driver of a vehicle to assist other road users or police or as a witness in the design of protocols on administrative violations or the accident;
7) if the competent public authority made the decision on restriction or prohibition of traffic;
8) if the method of stowage on the vehicle creates a hazard to other road users;
9) violation of the procedure definition and the use on the vehicle special lighting or sound signalling devices.
The main documents regulating the actions of the police during "checks for alcohol" are the Law of Ukraine "On the national police," Rules of the road and the instruction of the Ministry of internal Affairs and the Ministry of health from 09.11.2015 No. 1452/735
Have a police officer there may be several reasons to doubt the sobriety of the driver and finding the driver in a condition of narcotic or other intoxication and being under effect of medicines which reduce attention and reaction speed, in particular:
From which we can conclude that the list of causes is extensive.
Usually starts the "trust" conversation, "That your eyes are red. Once you are insecure. If you were drinking something before leaving? Does drinking something strong yesterday?" etc. should Not rely on a friendly tone and start the story about his personal life. If the law enforcement suspect — even check the rules.
Patrol officer at the scene of the vehicle stop.
In case of doubt, the police officer must conduct the test on the stop of your vehicle and can not make You to follow in "the hospital". The police are obliged to carry all the necessary tools for this procedure. The only exception is an accident.
In this case, the police is obliged to inform the driver about the use of special technical means and at the request of the driver to provide a certificate of conformity and verification certificate of measuring equipment.
The examination may also involve the 2 witnesses. At the same time, witnesses may not act as a police officer or persons who may not be impartial.
Before testing the police must start to make the Protocol of examination. Are logged to the person who stopped, your details, details of witnesses, and most importantly the time of writing.
The doctor of health care.
So, in the event of failure of the driver of the vehicle from passing the examination for intoxication at the stop of the vehicle or its disagreement with the results of the inspection conducted by police, such inspection is conducted at the nearest health facility.
In rural areas in the absence of a doctor – paramedic who received special training.
The list of institutions where it can be examined, approved by the Ministry of health of Ukraine, the Autonomous Republic of Crimea and chiefs of structural divisions in regions, Kyiv and Sevastopol city administrations. Also, inspection can be carried out in a special mobile points that belong to health and comply with the requirements of the Ministry of health.When conducting examination, the doctor must examine the documents of the driver. If the document is not in the act of medical examination used to specify information about the appearance of the driver and that driver data is listed with his words.
There are two reasons the police to draw up a Protocol on administrative offense under article 130 of the Cao:
1) violation of section 2.5 of the Rules of the road, when the driver refused to undergo the examination. This regulation established that the driver shall, at the request of the police to go in the prescribed manner a medical examination to establish the state of alcoholic, narcotic or other intoxication or stay under influence of drugs that reduce attention and speed of reaction.
2) violation of clause 2.9 and the Rules of the road when it was determined that the driver was driving while intoxicated. The rules of paragraph 2.9 and says that the driver is prohibited to drive a vehicle in a condition of alcoholic, narcotic or other intoxication or stay under influence of drugs that reduce attention and speed of reaction.
In considering the case on administrative offence can participate a lawyer, the other a specialist in the field of law who by law has the right to provide legal assistance personally or on behalf of a legal entity.
First of all we should note that the appeal of the Protocol in court requires certain knowledge and skills, as well as practices and should take advantage of the assistance of counsel.
The lawyer has the right to examine the case papers; submit petitions; on behalf of the person invited on behalf to file complaints against the decision of the authority (official) considering the case and also have other rights stipulated by laws of Ukraine.
Powers of attorney for participation in the proceedings according to art 130, Art confirmed the power of attorney to conduct business, certified by the notary or official who, in accordance with the law granted the right to certify the power of attorney, or warrant or order of the authority (institution) authorized by law to provide free legal assistance agreements on legal assistance. To order be sure to include a statement of agreement, which specifies the powers of the attorney or limitation of his rights to commit certain actions as a defender.