Every car owner knows that the management in a drunken state are deprived of rights. Justice of the peace under part 1 of article 12.8 KoAP of the Russian Federation may be debarred for 2 years. Many believe that arguing with the police, and especially the judges when the breathalyzer showed intoxication, it is useless.
Indeed, to return the rights in such cases, is not easy. Practicing lawyers in administrative cases know how biased the magistrate for an explanation of drivers and how they are critical to the materials of police officers.
However, the presumption of innocence is a basic principle of criminal procedure, applies in administrative cases. The decision of the judge about deprivation you the rights will be lawful only if the infringement is indisputable and duly proved.
Attorney specializing in such cases – avtoyurist, needs detailed understanding of the procedural peculiarities of consideration. Know departmental instructions of the interior Ministry, the Ministry of health, Supreme court decisions in similar cases.
My principal R. ruling of the magistrate was deprived of the rights for management in a state of intoxication. The judge considered false explanation of the principal that alcohol he drank in a parked car, and when driving was sober.
Meanwhile, objective evidence to refute the arguments of R. in the materials of the administrative case was not. Face, explaining that R. I drove a car drunk - ex-wife and her partner are with the client in hostile relations.
Furthermore, I experienced a avtoyurist, was found in violation of the procedure of examination R. intoxication, error in registration of the act examination. It gave substantial grounds to demand recognition of this evidence is invalid.
Their arguments I have outlined in the appeal against the ruling of the magistrate, backed by their Supreme court decisions in similar cases. In particular, the reference to the ruling of the Supreme court of 27.11.2015 years No. 45-АД15-8, which States that the mere fact of the finding of the driver in the vehicle while intoxicated does not constitute an administrative offense.
The judge of the city court of Podolsk with all my arguments agreed: acknowledged survey report R. inadmissible evidence, the fact that offices of a motor vehicle while intoxicated unproven.
August 15, 2016, having considered the administrative case No. 12-419/2016, the Podolsk town court of the Moscow region decided:
The example shows that with skilled avtoyurist can achieve a positive result and hopeless, at first glance, situations.
Sincerely, AUTOALLOCATE Vladislav Lyzhin.