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Drinking drivers have not yet died out in Russia as they try to preserve their “rights” when caught drunk by traffic police. Also using paradoxical ways. The AvtoVzglyad
The Supreme Court recently dismissed a complaint by a drunk driver who had been stripped of a DDL who hoped to save him with an old-fashioned legal gimmick. This story began almost a year ago, in the summer of 2021 in the city of Urai, Khanty-Mansiysk Autonomous Okrug. There, on the night of July 17, a traffic police team stopped an old Volvo 460, driven by Alexander Basov. Police smelled a strong smell of alcohol from the driver’s mouth and asked him to undergo a medical examination. Basov agreed and then went to his car, took out a bottle of beer and drank it in front of the police officers.
The logic of his actions was this: if I drink now, no one will be able to prove that I drove a car in a state of drunkenness before and, accordingly, they will not be able to deprive me of my “rights” to drink. However, the citizen was unable to “hide” “in the house” in this way. The police insisted on “purging”. The breath analysis showed 0.58 mg/l alcohol in the air he exhaled at an acceptable level of 0.16 mg/l.
To some extent, the “Basov method” really worked: the traffic police did not draw up a protocol on drink-driving. Instead, a drunken citizen was issued on a different “topic” – under part 3 of art. 12.27 of the Code of Administrative Offenses. It penalized for “failure to comply with the requirement of traffic regulations to prohibit the driver from consuming alcoholic beverages … after the vehicle is stopped at the request of a police officer …”.
After that, the case went to the local magistrate, who “sentenced” the drunk driver to a fine of 30,000 rubles and a year and a half deprivation of “rights”. The defendant decided that “it is not fair” and it was impossible to take the VU from him: after all, he would not have been drinking while driving! In search of his personal justice, the “deprived” reached the Supreme Court after a series of complaints and cassations in various courts. Who confirmed the correctness of all the lesser servants of Themis and upheld the punishment.
The Supreme Court recently dismissed a complaint by a drunk driver who had been stripped of a DDL who hoped to save him with an old-fashioned legal gimmick. This story began almost a year ago, in the summer of 2021 in the city of Urai, Khanty-Mansiysk Autonomous Okrug. There, on the night of July 17, a traffic police team stopped an old Volvo 460, driven by Alexander Basov. Police smelled a strong smell of alcohol from the driver’s mouth and asked him to undergo a medical examination. Basov agreed and then went to his car, took out a bottle of beer and drank it in front of the police officers.
The logic of his actions was this: if I drink now, no one will be able to prove that I drove a car in a state of drunkenness before and, accordingly, they will not be able to deprive me of my “rights” to drink. However, the citizen was unable to “hide” “in the house” in this way. The police insisted on “purging”. The breath analysis showed 0.58 mg/l alcohol in the air he exhaled at an acceptable level of 0.16 mg/l.
To some extent, the “Basov method” really worked: the traffic police did not draw up a protocol on drink-driving. Instead, a drunken citizen was issued on a different “topic” – under part 3 of art. 12.27 of the Code of Administrative Offenses. It penalized for “failure to comply with the requirement of traffic regulations to prohibit the driver from consuming alcoholic beverages … after the vehicle is stopped at the request of a police officer …”.
After that, the case went to the local magistrate, who “sentenced” the drunk driver to a fine of 30,000 rubles and a year and a half deprivation of “rights”. The defendant decided that “it is not fair” and it was impossible to take the VU from him: after all, he would not have been drinking while driving! In search of his personal justice, the “deprived” reached the Supreme Court after a series of complaints and cassations in various courts. Who confirmed the correctness of all the lesser servants of Themis and upheld the punishment.
Source: Avto Vzglyad
I’m Sandra Torres, a passionate journalist and content creator. My specialty lies in covering the latest gadgets, trends and tech news for Div Bracket. With over 5 years of experience as a professional writer, I have built up an impressive portfolio of published works that showcase my expertise in this field.
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