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Drink to your health: The Supreme Court has overturned the deprivation of “rights” for taking Valocordin

  • November 22, 2023
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The country’s highest judges were not happy with the completely shameless judicial suspension of a motorist’s driver’s license. As well as the fact that the lower courts almost

The country’s highest judges were not happy with the completely shameless judicial suspension of a motorist’s driver’s license. As well as the fact that the lower courts almost automatically approved this decision.

Citizen Ivan T., driving his BMW It is not known why, but the officers found the driver’s behavior ‘inappropriate for the situation’ and assumed he was drunk. This was followed by a breath test, which came to nothing: the driver blew too weakly into his tube and the traffic police inspector initiated the ‘refusal of investigation’ protocol. However, the motorist agreed to go to a hospital for an alcohol test.

There they fooled him again and forced him to take a urine test to check if there were any “interesting substances” in his body. And then – bingo! It turned out that traces of phenobarbital “settled” in Ivan! The drug is used as part of Corvalol, Valocordin and their analogues, which are sold freely in pharmacies. But it is prohibited for use by drivers. And on February 6, 2023, the magistrate of court district No. 2 of the Leninsky judicial district of the Voronezh region (in the hometown of our hero) deprived the driver of his “rights” for 1.5 years, and at the same time fined him. fine of 30,000 rubles.

The car enthusiast, who claimed to be as sober as glass, did not agree with the decision and appealed to the judge. Who always fully supported the verdict on a “peace settlement”. Eventually the matter came to the attention of the Russian armed forces. The latter, in particular, discovered that Mr. and Testing in the Belgorod Region”, confirming that the approval period for the Alcotest 6510 model to test citizens for alcohol expired on July 23, 2018. That is, in principle it cannot be used.

In addition, this device does not have the ability to print a paper “receipt” with the measurement results. Therefore, this mandatory document is missing in the case. The lower courts simply ignored this fact. As well as the driver’s petitions, in which he claimed that he was taking Valocordin as prescribed by his doctor and was sober while driving.

The Supreme Court ruling also specifically noted that “the judge of the Court of Cassation completely avoided checking and assessing the arguments of the person subject to proceedings for an administrative offense and his lawyer.” As a result, the Supreme Court decided to annul the verdicts of all instances and refer the case for a new trial, during which all identified violations of legal procedure were to be eliminated.

photo globallookpress.com

Citizen Ivan T., driving his BMW It is not known why, but the officers found the driver’s behavior ‘inappropriate for the situation’ and assumed he was drunk. This was followed by a breath test, which came to nothing: the driver blew too weakly into his tube and the traffic police inspector initiated the ‘refusal of investigation’ protocol. However, the motorist agreed to go to a hospital for an alcohol test.

There they fooled him again and forced him to take a urine test to check if there were any “interesting substances” in his body. And then – bingo! It turned out that traces of phenobarbital ‘settled’ in Ivan! The drug is used as part of Corvalol, Valocordin and their analogues, which are sold freely in pharmacies. But it is prohibited for use by drivers. And on February 6, 2023, the magistrate of court district No. 2 of the Leninsky judicial district of the Voronezh region (in the hometown of our hero) deprived the driver of his “rights” for 1.5 years, and at the same time fined him. fine of 30,000 rubles.

The car enthusiast, who claimed to be as sober as glass, did not agree with the decision and appealed to the judge. Who always fully supported the verdict on a “peace settlement”. Eventually the matter came to the attention of the Russian armed forces. The latter, in particular, discovered that Mr. and Testing in the Belgorod Region”, confirming that the approval period for the Alcotest 6510 model to test citizens for alcohol expired on July 23, 2018. That is, in principle it cannot be used.

In addition, this device does not have the ability to print a paper “receipt” with the measurement results. Therefore, this mandatory document is missing in the case. The lower courts simply ignored this fact. As well as the driver’s petitions, in which he claimed that he was taking Valocordin as prescribed by his doctor and was sober while driving.

The Supreme Court ruling also specifically noted that “the judge of the Court of Cassation completely avoided checking and assessing the arguments of the person subject to proceedings for an administrative offense and his lawyer.” As a result, the Supreme Court decided to annul the verdicts of all instances and refer the case for a new trial, during which all identified violations of legal procedure were to be eliminated.

Source: Avto Vzglyad

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