Muscovite had to prove in court the right to sit in a car while drunk
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The man’s car was parked and the engine was turned off.
A resident of the capital Mitin had to go to the highest court in order to prove that he had been fined in vain and deprived of his driver’s license.
As it became known to MK, back in the spring of last year, the traffic police inspector recorded that the citizen was drunk in the car. The magistrate without a doubt punished the Muscovite with a fine of 30 thousand and deprivation of the right to drive a car for a year and a half. The Second Cassation Court of General Jurisdiction upheld the decision of the judge.
Then the citizen appealed to the Supreme Court of Russia. And then the interesting began. It turned out that the inspector found the motorist drunk in the car, when the car was parked, the engine was turned off. In addition, it turned out that, despite the petitions of the accused and his defense counsel, the justice of the peace did not take minutes of the meeting. In the highest instance, they explained that the court, firstly, had to order this, and secondly, it was obliged to provide a protocol so that the defendant could state his objections in a complaint against the court decision. The Supreme Court also recalled that, in accordance with the rules of the road, “the actions of a person equated to a pedestrian, for example, driving a moped, motorcycle, cannot be regarded as driving a vehicle.” And even more so, staying in a parked car cannot be considered as such. Therefore, the Supreme Court overturned both the decision of the world court and the decision of the cassation instance.
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