Anonim

DO NOT DRINK DRIVING

They were deprived of their rights for refusing a medical examination (Article 12.26). Recently, I was forced to drive after a bottle of beer to take the child to the hospital, but was again stopped by the traffic police. The device showed only 0.2, but then I learned from the investigator that now I was facing a criminal offense. Can this be avoided, given the circumstances? If not, what is the penalty?

Sergey, Tver region

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The reader’s question is answered by the head of the Main Directorate for Road Safety of the Ministry of Internal Affairs of Russia, Lieutenant General of Police Mikhail Chernikov.

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Indeed, the act you committed falls within the scope of Article 264.1 of the Criminal Code of the Russian Federation: driving a car, tram or other motor vehicle while intoxicated, subjected to administrative penalties for driving while intoxicated or for not fulfilling the legal requirement of an authorized official to passing a medical examination for intoxication or having a criminal record for committing a crime provided for in parts 2, 4 or 6 of Article 264 of the Criminal Code of the Russian Federation or Article 264.1 of the Criminal Code of the Russian Federation.

This action is punishable by a fine in the amount of 200, 000 to 300, 000 rubles, or in the amount of the convicted person’s salary or other income for a period of one year to two years, with deprivation of the right to occupy certain positions or engage in certain activities for up to three years, or compulsory work for up to 480 hours with the deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years, or forced labor for a period of up to two years with the deprivation of the right to occupy certain positions or occupy to be engaged in certain activities for a period of up to three years, or by imprisonment for a period of up to two years with the deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years. According to part 3 of Article 60 of the Criminal Code of the Russian Federation, the sentence takes into account the nature and degree of the social danger of the crime and the identity of the perpetrator, including circumstances mitigating and aggravating the punishment, as well as the effect of the sentence on the correction of the convicted person and on the living conditions of his family.

Thus, the answers to your questions are completely in the competence of the court.

  • You will find answers to many questions on the legal aspects of automotive life in the corresponding section of the “Document Park” ZR.