The Supreme Court has forbidden to punish drunk drivers only for the presence of cars

Russian Supreme Court basically defended all motorists of the country from unwarranted accusations of drunkenness at the wheel when the car is standing still. Traffic police have to prove each time that the drunk man driving the car, not just sitting in the car. Nepodsuden and repair “iron horse” drunken motorist.

Important clarifications were made in a curious at first glance, actually. Resident of Nizhny Tagil citizen O. was fined and deprived of rights, because he refused to be tested for alcohol when engaged in repairing their truck. The car, by the way, was not on the go. Traffic police could not even ottransportirovat it on spetsstoyanku. However, this did not prevent them to claim a man.

Such cases in practice a lot. Problems arose from drunk people just slept in the car or on the side of smokers inside the car in the parking lot near the house. In the end, it comes - no, not to the curiosity and the absurd.

And all because of the fact that the inspector forget the main rule: before punishing drunk person must prove that he was driving the car. Just sit in the car by degrees - no violation. Therefore, the Supreme Court ruling in the case of Russian citizen O. crucial.

Everything happened, apparently, in the open air, near a rest people. Something they did not like the behavior of the mechanic, and they called the traffic police. Neighbors who had come along explain, they say, people do not just revolves around the car, but always sits in the cockpit, including engine and revs. And one time he even allegedly drove 5 meters backwards.

These mythical “5 meters” and put a motorist accused. Citizen O. offered to go medosvidetelstvovanie alcohol. The man refused, they say, why? And he was absolutely right. But the rightness not save him from trouble. In a report drawn up for “failure to the driver of the vehicle the legal requirements of the authorized official to undergo medical examination for intoxication.” And this is an automatic loss of rights, regardless of whether you are drunk or not.

Lower courts examined the case, the person was fined 30 thousand rubles and a half years of his demoted to pedestrians. Thus any subordinate court did not pay attention to that at all truck could not move under its own power: he was removed clutch basket. Like a car with a lack of adhesion can include a reverse gear, and pass at least a meter, let them explain those drawn up.

As it turned out in the Supreme Court, the inspector did not see themselves as truck driving without a clutch. A “picture” recorded with the words of witnesses. “From the testimony of the inspectors DPS also implies that OA was in working clothes, repairing machines, the fact that driving denied”, says the decision of the Supreme Court of Russia.

15 December 2015

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