The Supreme Court allowed drunk driving in a parked car

The Supreme Court (SC) of Russia has allowed drunk driving if it is parked. This is stated in the court decision, analyzed RAPSI.

The Supreme Court has ruled complaint driver from the Penza region, who appealed a fine of 30 thousand rubles. with deprivation of a driver’s license for a year and 10 months for driving while intoxicated.

As stated in the case file.pdf), the senior inspector of the traffic police indicated in the protocol on an administrative offense that the driver was driving a Lada Vesta while intoxicated in the city of Chekhov in the Moscow region. The Supreme Court of the Russian Federation did not agree with the opinion of the lower courts.

The decision of the Supreme Court of the Russian Federation notes that the provisions of the Code of Administrative Offenses imply not only the existence of legal grounds for applying an administrative penalty, but also the observance of the procedure for bringing a person to justice. The subject of an administrative offense for hours. 1 Article. 12.8 of the Code of Administrative Offenses of the Russian Federation (drunk driving) is the driver.

According to RAPSI, the driver and his lawyer in the lower courts and in the complaint to the Supreme Court of the Russian Federation insisted that at the time indicated in the protocol the driver was not driving the car, it was parked near residential buildings. The statements were confirmed by a witness who said that the Lada Vesta was parked on the side of the road and its engine was not running. The traffic police inspector who drew up the protocol during interrogation by the justice of the peace also did not report that he stopped the car.

The Supreme Court of the Russian Federation concluded that it was impossible to draw an unambiguous conclusion about the complainant’s driving. Since part 1 of Art. 12.8 of the Code of Administrative Offenses assumes the responsibility of the driver for driving while intoxicated, the qualification of actions under this rule is illegal.

“By virtue of the provisions of Parts 1 and 4 of Article 1.5 of the Code of the Russian Federation on Administrative Offenses, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Ineradicable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person, ”the decision of the Supreme Court of the Russian Federation says.

The judge of the Supreme Court of the Russian Federation satisfied the complaint, and canceled the judicial acts that had taken place. The proceedings in this case have been terminated.

Olesya Pavlenko