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The Supreme Court of the Russian Federation again protected the driver from lawlessness on the part of the traffic police. The unjust punishment has been abolished. This time,
This time, a resident of the city of Penza had to seek the truth. He managed to get behind the wheel of his parked LADA Vesta on one of the streets of Chekhov, near Moscow. It was then that a squad of local traffic police officers appeared on his life path. Police suspected the driver was drunk.
He did not deny this fact, because he was sure of his purity before the law: his vehicle was stationary, the engine was not working. Such an insignificant detail did not embarrass the military, and a protocol was drawn up against the citizen on the fact of drunk driving. Then a court took place, which fined the poor fellow 30,000 rubles and deprived him of his “rights” for a year and ten months. Lischenets did not agree with the unfair decision and eventually reached the Supreme Court with his complaint.
The Supreme Court took into account that only the driver of the vehicle can be regarded as the driver. That is, he must perform a targeted impact on the vehicle, causing the machine to move in space. The citizen who was left without VU claimed that he was not driving a car at the time specified in the protocol: the car was parked near residential buildings. His words were confirmed by a witness who told the court that LADA Vesta was standing by the side of the road with the engine off.
As it turned out, the chief inspector of the traffic police, who drew up that fateful protocol, confirmed in his testimony before the justice of the peace: he did not stop the citizen’s vehicle, but simply revealed his parked car along the patrol route.” And despite this, the magistrate robbed the driver still of “rights”!
After considering the circumstances of the case, the Supreme Court ruled that in this case it was impossible to speak unequivocally about the driving of a car by a citizen. Therefore, the qualification of its acts under Part 1 of Art. 12.8 of the Code of Administrative Offenses, which provides for liability for driving a vehicle by a driver in a state of intoxication, is illegal. In this regard, the Supreme Court overturned the decisions of the lower courts, returned the “scabs” to the motorist and canceled the 30,000th fine.
Note that the illegality of the deprivation of drivers’ licenses of motorists who drink in their parked cars has already been upheld by the Supreme Court in recent years. But as practice shows, these decisions remain an empty slogan, both for the justices of the peace and for the traffic police officers.
The latter show clear legal illiteracy and disrespect for the law, and continue to draw up hardship protocols in such situations. A fairly regular recurrence of such cases for a long time required a special (for particularly tight employees) clarification from the head of the Russian traffic police, General Mikhail Chernikov. The next Supreme Court decision “indicates” that the sending of a departmental circular on the subject is already overdue and even overripe.
This time, a resident of the city of Penza had to seek the truth. He managed to get behind the wheel of his parked LADA Vesta on one of the streets of Chekhov, near Moscow. It was then that a squad of local traffic police officers appeared on his life path. Police suspected the driver was drunk.
He did not deny this fact, because he was sure of his purity before the law: his vehicle was stationary, the engine was not working. Such an insignificant detail did not embarrass the military, and a protocol was drawn up against the citizen on the fact of drunk driving. Then a court took place, which fined the poor fellow 30,000 rubles and deprived him of his “rights” for a year and ten months. Lischenets did not agree with the unfair decision and eventually reached the Supreme Court with his complaint.
The Supreme Court took into account that only the driver of the vehicle can be regarded as the driver. That is, he must perform a targeted impact on the vehicle, causing the machine to move in space. The citizen who was left without VU claimed that he was not driving a car at the time specified in the protocol: the car was parked near residential buildings. His words were confirmed by a witness who told the court that LADA Vesta was standing by the side of the road with the engine off.
As it turned out, the chief inspector of the traffic police, who drew up that fateful protocol, confirmed in his testimony before the justice of the peace: he did not stop the citizen’s vehicle, but simply revealed his parked car along the patrol route.” And despite this, the magistrate robbed the driver still of “rights”!
After considering the circumstances of the case, the Supreme Court ruled that in this case it was impossible to speak unequivocally about the driving of a car by a citizen. Therefore, the qualification of its acts under Part 1 of Art. 12.8 of the Code of Administrative Offenses, which provides for liability for driving a vehicle by a driver in a state of intoxication, is illegal. In this regard, the Supreme Court overturned the decisions of the lower courts, returned the “scabs” to the motorist and canceled the 30,000th fine.
Note that the illegality of the deprivation of drivers’ licenses of motorists who drink in their parked cars has already been upheld by the Supreme Court in recent years. But as practice shows, these decisions remain an empty slogan, both for the justices of the peace and for the traffic police officers.
The latter show clear legal illiteracy and disrespect for the law, and continue to draw up hardship protocols in such situations. A fairly regular recurrence of such cases for a long time required a special (for particularly tight employees) clarification from the head of the Russian traffic police, General Mikhail Chernikov. The next Supreme Court decision “indicates” that the sending of a departmental circular on the subject is already overdue and even overripe.
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.
