How to win a case under Article 130 of the Code of Ukraine on Administrative Offenses?

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How to win a case under Article 130 of the Code of Ukraine on Administrative Offenses?

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Quite often in practice, there are cases when law enforcement officers represented by the National Police draw up reports on administrative offenses against drivers under Art. 130 of the Code of Ukraine on Administrative Offenses, which states that a citizen was found to be under the influence of alcohol or drugs while driving a vehicle.

As evidence to the protocol, they add the opinion of the doctor of the relevant health care institution where the person underwent a medical examination or the driver's refusal to undergo this examination.

The final result of these actions is bringing the person to administrative responsibility. However, are there completely legal actions on the part of the National Police if the citizen clearly knows that he did not consume any alcoholic beverages or narcotic substances? Of course not.

Therefore, in this article, we will talk about how to win a case under Art. 130 of the Code of Ukraine on Administrative Offenses, taking into account the provisions of the current legislation.

When the responsibility under Art. 130 Code of Ukraine on Administrative Offenses?

The disposition of Art. 130 of the Code of Ukraine on Administrative Offenses  provides that administrative responsibility arises in cases where:

  • the person drove a car under the influence of alcohol or drugs, or was under the influence of drugs, the use of which prohibits citizens from driving a vehicle;
  • the person handed over control of his car to another citizen who is in a state of alcohol or drug intoxication, or is under the influence of drugs;
  • the person was driving a car but refused to undergo a medical examination to determine whether he had used alcohol or drugs.

In other cases, the protocol for prosecution of a person under Art. 130 of the Code of Ukraine on Administrative Offenses cannot be drafted.

How to win a case under Art. 130 Code of Ukraine on Administrative Offenses?

The current Ukrainian legislation does not grant the employees of the National Police authorities the authority to bring drivers of vehicles to administrative responsibility under Art. 130 of the Code of Ukraine on Administrative Offenses, but only allows them to draw up protocols on the commission of an administrative offense by a person, indicating the relevant evidence and witnesses that confirm the person's guilt.

And therefore cases under Art. 130 of the Code of Ukraine on Administrative Offenses is transferred to the judicial authorities, where the latter makes the final decision on bringing the person to justice or closing the court proceedings.

In order to close the court proceedings under Art. 130 of the Code of Ukraine on Administrative Offenses, it is necessary to establish that:

  • The actions of the person being prosecuted do not constitute an administrative offense (usually this circumstance can be established when there is no sufficient evidence in the case, or the protocol was drawn up with procedural violations, etc.);
  • The time limit for bringing a person to justice under Art. 130 of the Code of Ukraine on Administrative Offenses (currently, the term of prosecution is 1 year from the moment the report was drawn up by the National Police).

Thus, when the proceedings in the case are closed, the driver of the vehicle will not be held administratively liable.

If you need to win a case under Art. 130 of the Code of Ukraine on Administrative Offenses, in such a case, you should contact qualified specialists - the Prikhodko and Partners law firm.

Our team of lawyers perfectly understands the solution to problematic issues in such cases, which allows us to provide only qualified legal support to the company's clients.

Therefore, by applying to the "Prikhodko and Partners" law office, you have the opportunity to achieve the desired result in practice.

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