Zal Dmytro Oleksandrovych

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Case: Protected the client from unlawful prosecution under Article 130 of the Code of Ukraine on Administrative Offenses

administrative law
Reading time: 2 min.

Client: Oleksandr
Region: Kyiv region.
Purpose: Protection under Article 130 of the Code of Ukraine on Administrative Offenses

Customer request:

Oleksandr was stopped in the city of Kagarlyk while driving a car. Having no legal grounds, the patrol police officers began the process of examining the driver for alcohol intoxication.

Based on the results of this examination, the Client’s driver’s license was withdrawn and a report on an administrative offense was drawn up, which was later submitted to the court.

The lawyer of the “Prikhodko and Partners” law office got acquainted with the materials of the case on bringing Oleksandr to administrative responsibility. After studying in detail the video recording from the policeman’s body camera, as well as the materials submitted to the court, a defense strategy was developed in this case.

In accordance with the Law of Ukraine’s “On the National Police”, patrol police officers have a clear list of grounds on which they can stop vehicles.

Also, the Instruction on the procedure for detecting signs of alcohol, drug, or other intoxication or being under the influence of drugs that reduce attention and reaction speed in drivers of vehicles, approved by the order of the Ministry of Health, specifies a clear and consistent process of examining drivers for intoxication.

The court was provided with written explanations of the case and other documents necessary for the Client’s protection, in which it was stated about the violation of the norms of the above-mentioned normative legal acts, which were expressed in the unjustified stopping of the Client’s car, as well as the violation of the procedure for examining the state of intoxication and absence grounds for such a review.

Therefore, the court declared invalid the results of the examination of the state of intoxication, and the case was closed due to the absence of an administrative offense.

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1 question

Do you need to appeal the decision of the police under Article 130 of the Code of Ukraine on Administrative Offenses?

Yes
No
2 question

Did you receive the protocol under Article 130 of the Code of Ukraine on Administrative Offenses?

Yes
No
3 question

Have you had your driver's license revoked under Article 130 of the Code of Ukraine on Administrative Offenses?

Yes
No
4 question

Do you need to appeal a fine imposed under Article 130 of the Code of Ukraine on Administrative Offenses?

Yes
No
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