CAR ATTORNEY FROM ST. 130 of the CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES

Article 130 of the Code of Ukraine on administrative offenses provides for responsibility for driving a vehicle while intoxicated. Persons who drive a car, motorcycle, or any other vehicle while under the influence of alcohol, drugs, or other intoxication violate this article.

Punishment for violation of Article 130 of the Code of Ukraine on administrative offenses includes a fine (from 17,000 hryvnias), an administrative ban on driving vehicles, and confiscation of the vehicle.

What is the fine for Article 130 of the Code of Ukraine on administrative offenses?

The fine for violation of Article 130 of the Code of Ukraine on administrative offenses may vary depending on the number of violations.

The fine for the first violation of this article is 17 thousand hryvnias. However, in case of repeated violation of this article, the fine may be higher (from 34 thousand hryvnias).

It is important to take into account that if you are found guilty under Article 130 of the Code of Administrative Offenses of Ukraine, the punishment will inevitably include a fine and the deprivation of the right to drive a vehicle.

What is the procedure for removing the fine and disqualification?

The procedure for revoking a driver’s license and imposing a fine for violation of Article 130 of the Code of Administrative Offenses (driving while intoxicated) includes the following steps:

1. Examination of the state of intoxication.

At this stage, you can refuse to undergo the examination or undergo it on the spot or in a medical facility, depending on the circumstances. Refusal to undergo an examination for intoxication is equivalent to a violation under Article 130 of the Code of Administrative Offenses.

1. Drawing up a protocol for an administrative offense

After the inspection, police officers draw up a protocol on an administrative offense, note in it which evidence is added to the protocol, a list of witnesses, and the circumstances of the case. You have the right to enter your explanations in the minutes. We recommend that you always receive a copy of the protocol, and not refuse it.

Are the actions of the police always legal?

It very often happens that the actions of the police are illegal and violate the rights of the driver, which makes it possible to challenge such actions in court and prove one’s innocence.

The police are obliged to act in accordance with the requirements of the Law of Ukraine “On the National Police”, instructions of the Ministry of Internal Affairs and Ministry of Health.

When can you appeal a drunken driving conviction?

Police officers quite often act illegally and draw up illegal protocols for bringing drivers to administrative responsibility.

Although the protocol itself is not subject to appeal, the illegality of its drafting can be defended in the court of first instance and the case closed in the following cases:

• lack of composition of the offense. The above is possible when the police officer did not properly record the incident of the offense, in particular, when there is no fact of the person driving a vehicle on the video recordings from the body cameras.
• police misconduct and mistakes. This happens when the police do not explain to a person his rights, or force him to admit his guilt both directly and indirectly.

If the court of first instance did not take into account the arguments of the party, then its decision may be subject to appeal in the appellate instance, in particular, in the case when the court clarified the circumstances of the case superficially. An appeal is filed within 10 days from the date of the issuance of the Resolution on the commission of an offense.

What are the grounds for appealing a punishment under Article 130 of the Code of Ukraine on administrative offenses?

There is a certain list of grounds for appealing Article 130 of the Code of Ukraine on administrative offenses. Here is the main list (but not exhaustive):

1. Insufficient evidence: proof of guilt according to Article 130 of the Code of Ukraine on administrative offenses is the responsibility of the body that issued the report. Therefore, the lack of evidence, for example, the absence of the materials of the report of the state of intoxication is a reason for appeal.
2. Violation of procedural order: If during the detention, testing, or drafting of the protocol, the procedural norms that establish the procedure for drawing up such a protocol were violated – you can challenge this in court as a person whose rights were violated.
3. Technical aspects: Because alcohol or drug testing can be done in different ways and with different devices, technical aspects of the test, such as the calibration of the devices, can be called into question and be the basis for an appeal.
4. Severity of punishment: In some cases, the penalty imposed for violation of Article 130 may be considered inadequate. For example, if the punishment seems too severe, the person can challenge it in court.

It is important that in all the above-mentioned cases, the correct behavior of the person being prosecuted and compliance by the police with regard to such a person with the requirements of the law play a decisive role.

If you would like to receive professional advice or you need high-quality legal support in solving a problem under Article 130 of the Code of Ukraine on administrative offenses  – leave a request via this text or call the indicated phone numbers!