The Supreme Court allowed drivers to drink in a parked car

The story in question took place around noon on May 16, 2022 in the capital Mitino. Then the inspector of the traffic police issued a report on the fact of “driving under the influence” of a certain Evgeny Alexandrov, the owner of a BMW. But as it turned out during the trial, the traffic cop did not stop the citizen’s car. When the police arrived, the car was parked in front of the barrier and the driver was not driving, but next to the vehicle.

And although the inspector confirmed this fact under oath, the court of first instance nevertheless deprived Alexandrov of his “rights” and fined him 30,000 rubles. The hero of the story did not appeal this decision to a higher authority. As a result, the driver reached the Supreme Court, which sided with him.

– Under the described conditions, it is impossible to draw an unequivocal conclusion about the management of Alexandrov EO a vehicle. Since Part 1 of Article 12.8 of the Code of Administrative Offenses provides for administrative responsibility for driving a vehicle by a driver in a state of intoxication, the qualification of EO Alexandrov’s actions under this standard is illegal, according to the court decision .

In this particular case, the decisions of the lower courts became invalid. But in general, the Supreme Court found it illegal to punish drivers who drink in parked cars or drink alcohol near them. Until recently, traffic police inspectors and the courts regarded these actions as “management” of the vehicle.

The story in question took place around noon on May 16, 2022 in the capital Mitino. Then the inspector of the traffic police issued a report on the fact of “driving under the influence” of a certain Evgeny Alexandrov, the owner of a BMW. But as it turned out during the trial, the traffic cop did not stop the citizen’s car. When the police arrived, the car was parked in front of the barrier and the driver was not driving, but next to the vehicle.

And although the inspector confirmed this fact under oath, the court of first instance nevertheless deprived Alexandrov of his “rights” and fined him 30,000 rubles. The hero of the story did not appeal this decision to a higher authority. As a result, the driver reached the Supreme Court, which sided with him.

– Under the described conditions, it is impossible to draw an unequivocal conclusion about the management of Alexandrov EO a vehicle. Since Part 1 of Article 12.8 of the Code of Administrative Offenses provides for administrative responsibility for driving a vehicle by a driver in a state of intoxication, the qualification of EO Alexandrov’s actions under this standard is illegal, according to the court decision .

In this particular case, the decisions of the lower courts became invalid. But in general, the Supreme Court found it illegal to punish drivers who drink in parked cars or drink alcohol near them. Until recently, traffic police inspectors and the courts regarded these actions as “management” of the vehicle.