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Closure of proceedings under Article 130 of the Code of Ukraine on Administrative Offenses
According to the traffic rules of Ukraine, driving a vehicle while under the influence of drugs or alcohol is a serious violation for which administrative responsibility is provided in accordance with Article 130 of the Code of Ukraine on Administrative Offenses.
Violation of these rules entails not only a fine, but also deprivation of the right to drive vehicles for a period of 1 to 10 years.
Closing proceedings under Article 130 of the Code of Ukraine on Administrative Offenses is a task that often requires the participation of an experienced lawyer.
A driver accused of driving under the influence of alcohol or drugs may find it difficult to defend his rights on his own due to the complexity of the legal procedure and the specifics of the evidence base that needs to be presented in court.
The lawyer will help analyze all the circumstances of the case, identify possible violations in the preparation of the protocol, check the legality of the drunkenness examination, as well as the observance of the driver’s rights.
A qualified human rights defender will be able to prepare the necessary evidence and justify the position in favor of the client, which significantly increases the probability of closing the proceedings and, as a result, avoids deprivation of rights and financial sanctions.
Contacting a lawyer also allows you to quickly resolve the issue of returning your driver’s license after the case is closed, to avoid delays from the police or other government agencies.
There are appropriate grounds for closing the proceedings. In this case, the person remains with rights and without a fine.
The procedure for prosecution under Article 130 of the Code of Ukraine on Administrative Offenses can be divided into several stages:
- Drawing up a protocol and issuing a person with a temporary permit (ticket) to drive a vehicle. If the driver was detained in a state of intoxication, police officers draw up a report on an administrative offense.
- Submission of materials to the court. The prepared protocol is submitted to the court, where all the circumstances of the case are considered, and a decision is made to prosecute or close the proceedings. If the proceedings are closed due to lack of evidence of guilt, the person has the right to return his license.
- Defense in court. Since the case is being considered in court, effective defense requires the representation of a lawyer, because as statistics show, without proper legal support, the possibility of closing the case is extremely small.
When can the proceedings be closed?
Proceedings under Article 130 of the Code of Criminal Procedure may be closed in cases where:
- the fact of violation was not proven;
- there is no adequate evidence to confirm the state of intoxication;
- procedural violations were committed during the preparation of the protocol.
- the video recording from the body cameras of the policeman did not record the fact of driving my protected vehicle.
- the police did not prove the legality of stopping the vehicle.
- the police officer did not explain to my Client his rights and obligations during the preparation of the protocol.
- footage from body cameras is not continuous.
Closing the proceedings is the basis for the return of the revoked certificate without additional fines or sanctions.
This means that the driver regains the right to drive a vehicle under general conditions, without the need to re-take tests or undergo a medical examination, since his fault has not been proven.
The decision to close the case indicates the absence of an offense on the part of the driver, therefore, additional requirements for the restoration of rights lose their basis.
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Was a report of an administrative violation drawn up against you based on Article 130 of the Code of Ukraine on Administrative Offenses?
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Are you in Kyiv or the region?
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Is the case in court?
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