Publication date: 19.05.2025
Lawyer of the Bar Council of Zaporizhia Region since 2016
🔹 Lawyer: Yuliia Mykolaivna Kara
🔹 Service: Defense in an administrative offense case (Part 1, Article 130 of the Code of Ukraine on Administrative Offenses — refusal to undergo an alcohol intoxication test)
Initial Situation
A man contacted lawyer Yuliia Mykolaivna Kara after being charged with an administrative offense under Part 1, Article 130 of the Code of Ukraine on Administrative Offenses — refusal to undergo an alcohol intoxication test.
Patrol police officers drew up an administrative offense report at the scene where the vehicle was stopped. According to the client, he was not intoxicated and refused the test due to the police officers’ improper actions: they did not provide him with the opportunity to receive legal assistance, did not inform him of his procedural rights, and failed to call a medical professional as required by law.
Despite the absence of video evidence showing signs of intoxication or any witnesses, the police issued the report and submitted the case to court. If found guilty, the client faced revocation of his driver's license for one year and a fine of UAH 17,000.
Legal Task and Strategy
The objective of the defense was to prove the absence of elements of an administrative offense and to achieve case dismissal in court. Lawyer Yuliia Mykolaivna Kara built the defense based on several key points:
Case File Analysis
A detailed analysis was conducted of:
- the administrative offense report;
- statements from the client and witnesses;
- body camera footage from the police officers (obtained via a separate motion);
- medical records confirming the client’s sobriety.
The police documentation contained significant procedural violations in preparing the report — specifically, no proper invitation for testing was recorded, no signed refusal was provided, and contradictory circumstances were noted.
Procedural Actions
The lawyer filed the following with the court:
- a motion to obtain video recordings;
- a request to include the medical report;
- objections to the report with reference to Supreme Court practice;
- evidence of no offense in the form of written witness statements.
The police’s position was based solely on their subjective judgment, unsupported by the results of testing or proper documentation of refusal.
Result for the Client
📌 Case dismissed — the court ruled that there was no administrative offense
📌 The client retained his driver's license
📌 Avoided paying a fine of UAH 17,000
📌 Avoided a record of administrative conviction that could have negatively affected his employment and public standing
This case is a clear example of how a well-defined defense strategy, thorough document analysis, and professional actions by the lawyer can result in full case dismissal even under challenging initial circumstances. Yuliia Kara was able to protect the client from unlawful actions by the police, secure an objective court review, and ensure a fair decision. This once again confirms her high level of expertise in administrative law cases. The success in this case also demonstrates the importance of timely contacting an experienced lawyer to protect your rights in a conflict with law enforcement agencies.
