Closing of administrative proceedings due to the
absence of corpus delicti
In the legal field of the
issue of violations of administrative law, one can single out such violations
that, regardless of the situation in the country, will be permanent. Among them
are violations of Article 130 of the Code of Ukraine on Administrative
Offenses.
In particular, the article
provides for consequences for violators who drive a vehicle while intoxicated.
Such an article is quite common among drivers, but this does not always mean
that the violation was properly recorded.
In the article, we will
consider the main strategy for protecting the interests of the violator by a
lawyer under article 130 of the Code of Administrative Offenses. The lawyers of
our marketplace have considered many such situations and found an organic solution
to get out of it.
If it is necessary to draw
up an individual petition for the closure of administrative proceedings due to
the absence of corpus delicti, we recommend using the Consultant legal services
service to order a document specifically for your request.
What
are the arguments in the petition?
Lawyers have worked out a
specific petition in practice and consider it the most successful. According to
our statistics, in 97% of cases under Article 130, such a petition is quite
carefully and weightily considered by the courts and is decisive in closing the
proceedings.
In particular, our lawyers
suggest paying attention to the following reasoning:
● the presence of two
witnesses when checking the driver for the presence of alcohol in the blood;
● breathalyzer indicators
after the first check and after 10 minutes;
Patrol police reports are
often drawn up with errors. It is on the listed points that the following
mistakes are made. And it is from this that the further strategy of the lawyer
is built when representing the interests of the client.
Considering the number of
extremely different situations and circumstances that arise during the
preparation of the protocol and the conduct of administrative proceedings, we
recommend using the convenient service of legal services Consultant in order to
minimize risks while protecting your interests.
Template
for a petition to close administrative proceedings under Art. 130 CUAO
The best specialists in the
administrative process are already ready to provide the appropriate advice! We
offer high quality services with comfortable service.
It has become much easier
to purchase a sample petition for closing administrative proceedings under
Article 130 of the Code of Administrative Offenses! You can upload a document
in a few simple steps:
● Download the mobile
application "Consultant";
● After a short registration,
you can find the required document in the "Documents" section;
● By clicking the "Buy
Template" button, you will immediately receive a link to download the
document.