TACTICS OF PROTECTION

Today, local courts are overwhelmed with cases of administrative offenses regarding the management of vehicles or vessels by persons who are under the influence of alcohol, drugs or other intoxication or under the influence of drugs that reduce their attention and reaction rate (art. 130 KUoAP).
Sometimes drivers make blunders, after which they are left with a certificate in one year and they impose heavy fines.

What should not be done when you are stopped and need to undergo a survey on the state of intoxication (main theses):
1. Do not refuse to inspect;
2. If patrol police require you to go to the hospital, first ask for a test on the spot;
3. Requests all the data of police officers and documents / certificate for the device by which you are checked;
4. In case of doubt, ask to take you to the hospital (Sociotherapy)
5. In case of disagreement with the results of the examination, ask to take you to the hospital (Sociotherapy)
6. If you have something to write in your explanations, do not be lazy to do it.
Grounds for inspection
Examinations on the state of intoxication are subject to drivers of vehicles for which the police officer of the National Police of Ukraine has reason to believe that they are intoxicated according to the signs of such a camp. Signs of alcohol intoxication are:
- the smell of alcohol from the mouth;
- incoordination;
- impaired speech;
- pronounced trembling of the fingers;
- A sharp change in the color of the skin of the face;
- Behavior that does not match the situation.
Signs of narcotic or other intoxication or being under the influence of drugs that reduce the attention and reaction rate are:
- the presence of one or more signs of intoxication (except for the smell of alcohol from the mouth);
- constricted or very dilated pupils that do not respond to light;
- slowness or vice versa increased activity or mobility of gait, speech;
- redness of the face or unnatural pallor.

Grounds for drawing up a protocol on administrative violation
Why do such situations arise when the driver is forced to defend his rights and prove before the court that he did not accept and did not violate the traffic rules. There are two grounds for the police to draw up a protocol on administrative violation under art. 130 CUAP:
1) Violation of Section 2.5 of the Road Traffic Regulations, when the driver refused to undergo an inspection. This provision establishes that, at the request of a police officer, a driver must undergo a medical examination in the prescribed manner in order to establish the state of alcoholic, narcotic or other intoxication or stay under the influence of drugs that reduce attention and speed of reaction.
2) violation of Section 2.9a of the Road Traffic Regulations, when it was established that the driver was driving while intoxicated. Paragraph 2.9a of the regulations says that it is prohibited for a driver: to drive a vehicle in a state of alcoholic, narcotic or other intoxication or being under the influence of drugs that reduce attention and reaction speed.
The police officer has no right to violate the procedure for inspection!
The procedure for passing the inspection set out in Art. 266 КУоАП and get rid of the following. Examination of intoxication is conducted by the police:
1. at the place of stopping the vehicle using special technical equipment permitted for use by the Ministry of Health and the State Standard (usually this is Drager)
3. in the event that the driver of the vehicle refuses to undergo an examination of the state of intoxication at the place of stopping the vehicle or if he does not agree with the results of the inspection carried out by the policeman, such an inspection shall be carried out in the nearest health care institution;
4. in the event of a road accident (RTA), as a result of which persons are killed or injured, an inspection of the state of intoxication of the participants in this incident is mandatory in a health care institution.
It is worth rozuminty that the examination of the driver on the state of intoxication is carried out using special technical means by the police in the presence of two witnesses. In the event of a driver’s disagreement to conduct an examination of the state of intoxication, a police officer using special technical means or in case of disagreement with his results, an inspection is conducted in health care facilities.

The participation of the defender (attorney for 130 KUoAP).
A lawyer, another specialist in the field of law, who is legally entitled to provide legal assistance in person or on behalf of a legal entity, may take part in the consideration of an administrative violation case. First of all, you need to understand that the appeal of the protocol in court requires some skills and should not be ignored by the help of a lawyer.
A lawyer has the right to get acquainted with the materials of the case; submit petitions; on behalf of the person who invited, on behalf of to file complaints against the decision of the body (official) considering the case, and also have other rights provided for by the laws of Ukraine.
Powers of a lawyer to participate in the proceedings under art. 130 КУоАП are confirmed by a power of attorney to conduct a case certified by a notary or an official who, in accordance with the law, is granted the right to certify powers of attorney, or by an order or authority of an authority (institution) authorized by law to provide free legal assistance or a legal assistance agreement. An extract from the contract must be attached to the order, which indicates the powers of the lawyer or the restriction of his rights to perform certain actions as a defender. Extraction is certified by signatures of the parties.