9621 Agnes Crossing, Lake Suzanneview, New Mexico Island 84604-9295.
Why is the permitted blood alcohol content of a driver prescribed by law, but not for psychotropic substances? This ridiculous circumstance has already cost hundreds, if not thousands,
Another victim of the ‘concentration is not important’ principle in the case in which Russian ‘steersmen’ were denied their licenses for driving under the influence was found in Kaliningrad. The driver, deprived of “scabs” due to the use of a harmless corvalol, came to the Supreme Court in search of the truth.
On June 11, 2021, at about 10 a.m. on Karl Marx Street in Kaliningrad, a traffic police officer stopped a car driven by Vladislav Kh. The police officer decided he was drunk. A Kaliningrader suspected of drunk driving agreed to blow into a police breathalyzer without any problem. The result is sober as glass. But this did not please the traffic cop. Based on “sufficient reasons to believe” he believed that the “client” was intoxicated and took him to the regional drug dispensary for additional checks. There they did a urine test of Khrapko and found traces of phenobarbital.
The case went to the First Judicial District of the Central Judicial District of Kaliningrad. And on October 4, 2021, the motorist was deprived of his “rights” for 1.5 years, being fined 30,000 rubles on the way for drunk driving. The verdict was not affected by the fact that the narcotic entered the body of a citizen after a single dose of Corvalol sold over the counter in pharmacies. In its ruling, the Kaliningrad judge emphasized that this circumstance “does not exclude his guilt”. And that it is impossible to drive a car under the influence, even if it is caused by approved drugs.
Vladislav disagreed and took the path of appealing to higher authorities. They all sided with the Kaliningrad branch of the Themis department. The case eventually reached the Supreme Court. In his appeal to the highest court, the “poverty” also pointed out that the concentration of phenobarbital in his urine was not indicated in the pharmacy’s conclusion. However, the Supreme Court did not review the citizen’s arguments, noting in its decision that “failure to establish the concentration of phenobarbital in a biological object does not affect the correctness of the citizen’s actions to be qualified, since, according to the explanation to art. 12.8 of the Code of Administrative Offenses, the quantitative characteristic of the state of intoxication occurs exclusively in relation to alcohol intoxication. The fine and confiscation remained in effect.
The medical fact is that phenobarbital remains in a person’s urine even 5-8 days after taking Corvalol – in minimal concentrations that do not affect any driver’s ability to drive. This circumstance is not a secret neither for doctors nor for law enforcement officers.
Therefore, it is especially striking that none of the legislators has made any appreciable effort for decades to eliminate this legal pitfall. For example, by means of a corresponding appendix to art. 12.8 – how this is done in connection with determining the maximum allowable concentration of alcohol in the driver’s body.
Another victim of the ‘concentration is not important’ principle in the case in which Russian ‘steersmen’ were denied their licenses for driving under the influence was found in Kaliningrad. The driver, deprived of “scabs” due to the use of a harmless corvalol, came to the Supreme Court in search of the truth.
On June 11, 2021, at about 10 a.m. on Karl Marx Street in Kaliningrad, a traffic police officer stopped a car driven by Vladislav Kh. The police officer decided he was drunk. A Kaliningrader suspected of drunk driving agreed to blow into a police breathalyzer without any problem. The result is sober as glass. But this did not please the traffic cop. Based on “sufficient reasons to believe” he believed that the “client” was intoxicated and took him to the regional drug dispensary for additional checks. There they did a urine test of Khrapko and found traces of phenobarbital.
The case went to the First Judicial District of the Central Judicial District of Kaliningrad. And on October 4, 2021, the motorist was deprived of his “rights” for 1.5 years, being fined 30,000 rubles on the way for drunk driving. The verdict was not affected by the fact that the narcotic entered the body of a civilian after a single dose of Corvalol sold over the counter in pharmacies. In its ruling, the Kaliningrad judge emphasized that this circumstance “does not exclude his guilt”. And that it is impossible to drive a car under the influence, even if it is caused by approved drugs.
Vladislav disagreed and took the path of appealing to higher authorities. They all sided with the Kaliningrad branch of the Themis department. The case eventually reached the Supreme Court. In his appeal to the highest court, the “poverty” also pointed out that the concentration of phenobarbital in his urine was not indicated in the pharmacy’s conclusion. However, the Supreme Court did not review the citizen’s arguments, noting in its decision that “failure to establish the concentration of phenobarbital in a biological object does not affect the correctness of the citizen’s actions to be qualified, since, according to the explanation to art. 12.8 of the Code of Administrative Offenses, the quantitative characteristic of the state of intoxication occurs exclusively in relation to alcohol intoxication. The fine and confiscation remained in effect.
The medical fact is that phenobarbital remains in a person’s urine even 5-8 days after taking Corvalol – in minimal concentrations that do not affect any driver’s ability to drive. This circumstance is not a secret neither for doctors nor for law enforcement officers.
Therefore, it is especially striking that none of the legislators has made any appreciable effort for decades to eliminate this legal pitfall. For example, by means of a corresponding appendix to Art. 12.8 – how this is done in connection with determining the maximum allowable concentration of alcohol in the driver’s body.
Source: Avto Vzglyad
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.
