Publication date: 23.04.2024
lawyer, 23 years of experience in enforcement.
The Code of Ukraine on Administrative Responsibility, and Article 130 itself provides for responsibility for driving a vehicle while intoxicated. Persons who operate a motor vehicle, motorcycle or any other vehicle while under the influence of alcohol, drugs or other intoxication are in violation of this article. The punishment under this article is quite severe and includes, in addition to a fine of 17,000 hryvnias. and a ban on driving vehicles for a period of 1 year for the first violation. In case of repeated violations, the fine is doubled (from UAH 34,000) and the term for which the person is deprived of the right to drive vehicles is tripled (from 3 years).
It is important to take into account that if you are found guilty under Article 130 of the Code of Administrative Offenses of Ukraine, the punishment will inevitably include a fine and the deprivation of the right to drive a vehicle.
Unfortunately, quite often, police officers abusing their rights draw up such protocols and, violating the regulations, procedures and instructions that must be applied when drawing up such a protocol, send them to court. Courts, in turn, without checking whether such protocols have been drawn up properly, and quite often without the participation of the person who is brought to administrative responsibility, issue resolutions on bringing to responsibility under Article 130 of the Code of Administrative Offenses.
So, when the police stop you and suspect that you are under the influence of alcohol or drugs, you should act according to the procedure provided by the relevant instructions, without violating your rights.
First of all, when stopping a vehicle, the police officer must document the detected offense, and all actions must be recorded. Also, in no case should you refuse the inspection, since such a refusal in itself will be grounds for prosecution under Article 130 of the Code of Administrative Offenses. If the police patrols require you to go to the hospital - first ask to conduct a test on the spot, while the police officers are obliged to provide all their data and documents/certificate for the device with which they test you. If you have doubts about the proper quality of the device you are being examined with or disagree with the results of the examination, ask to be taken to the hospital. You can write all your objections in the protocol, in court it can be additional proof of your rightness.
If you find yourself in such a situation and do not know how to act, use the services or consultations of an online lawyer or lawyer. At the stop, you can get the services of a lawyer online or get an online consultation from a lawyer, this will allow you to remain with your rights and without a fine in the future.
The protocol on bringing to administrative responsibility is not subject to appeal, but this is not an indisputable fact of bringing to administrative responsibility and its illegality must be proved in court. One of the reasons that can prove the illegality of traffic control is the absence of an offense. The above is possible when the police officer did not properly record the event of the offense, in particular, when the video footage from the body cameras does not show the fact that the person is driving a vehicle. Illegal actions and mistakes by the police are also quite common. This happens when the police do not explain to a person his rights, or force him to admit his guilt both directly and indirectly.
From judicial practice, it is quite often seen that courts of first instance approach the consideration of such protocols quite formally, considering such cases superficially, and are guided by the fact that there is a protocol, which means that there is a composition of the offense, issuing hundreds of resolutions on prosecution under Article 130. In such cases, the court's decision must be appealed to the appellate court. In accordance with Article 294 of the Code of Administrative Offenses, the term for appealing a decision is 10 days from the moment it was issued.
What grounds should be paid attention to in order to appeal prosecution under Article 130 of the Code of Administrative Offenses,
Insufficient evidence: proving guilt under Article 130 of the Code of Administrative Offenses of Ukraine is the responsibility of the body that issued the report. Therefore, the lack of evidence, for example, the absence in the materials of the report of the state of intoxication is a reason for appeal.
Violation of the procedural order: If during the detention, testing or drafting of the protocol, the procedural norms that establish the procedure for drawing up such a protocol were violated - you can challenge this in court as a person whose rights were violated.
Technical aspects: Because alcohol or drug testing can be done in different ways and with different devices, technical aspects of the test, such as the calibration of the devices, can be questioned and be the basis for an appeal.
Severity of Punishment: In some cases, the punishment imposed for violation of Article 130 may be considered inadequate. For example, if the punishment seems too severe, the person can challenge it in court.
At the same time, these grounds are not exhaustive, and for effective protection, it would be advisable to contact a lawyer or lawyer in order to make a legal analysis of the situation and form the most effective line of defense. The cost of legal services in this case will be less than the payment of a fine and subsequent restoration of rights.
Please note that in all of the above cases, the decisive role is played by the correct behavior of the person being prosecuted and compliance by the police with regard to such person with the requirements of the law.
