It was in the Nizhny Novgorod region, in the city of Pervomaisk. Vasily N. was riding his VAZ-2115. On one of the streets not far from the city police department, the inspector of a separate battalion of the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Nizhny Novgorod Region, police lieutenant P., stopped the car
There was no reason to stop, but the inspector, muttering about the special operation, began to check the documents. Having finished with the documents, the clerk asked whether the driver was using alcohol or drugs. It seemed that the inspector was trying to persuade the driver to give the correct answer. But no, Vasily did not confess to anything. And there was nothing to admit. He did not use alcohol or drugs. Then the lieutenant offered to go to the nearest police station and there to pass a drug test. Basil, being confident in his innocence, frivolously agreed. Moreover, the police department was just a few steps away. The driver thought that this was an empty formality and would not take a lot of time to check.The traffic police inspector took a disposable cup from a patrol car and proceeded with the driver to the police department. The traffic police inspector took a disposable cup from a patrol car and proceeded with the driver to the police department. Related Materials 10 most popular traffic cops wiring
At first, it was not possible to get into the police department. For some reason, the duty door did not open. Then the inspector invited the driver to urinate in a glass right on the street. But Vasily refused. After a few minutes, the department door still opened. The policeman on duty for a long time could not understand what exactly the traffic police inspector wants to do: such a procedure is not provided for by any departmental instruction. Nevertheless, the attendant let a couple in. Vasily had to fill a glass right in the hallway of the police department. They didn’t let him go further. The inspector took a strip from his pocket, dropped it into a glass and joyfully informed that the test was positive. Say, the driver is a drug addict!
Vasily, who did not use not only drugs but also alcohol, was shocked to say the least. He immediately demanded that he be sent to the hospital to make a full examination. The traffic police inspector began to convince the driver that the hospital will also have a positive result, and this is already a big problem. Like, Vasily then awaits not only deprivation of rights, but also registration with a narcological dispensary, and even criminal liability …
“Therefore, it is better to refuse the examination and get off with a slight fright, ” the inspector suggested conspiratorially.
And I must say, the words of the policeman acted on the driver. After all, not every day you find yourself in such a binding and under hard pressure.If the traffic police inspector has reason to suspect the driver of drinking alcohol or drugs, you must perform a certain procedure. If the traffic police inspector has reason to suspect the driver of drinking alcohol or drugs, you must perform a certain procedure.
In the presence of witnesses, the driver refused to go to the hospital. After which he was released back home. Already at home, having told his story to his relatives, having consulted with friends, Vasily still went to the district hospital, where he conducted a full examination. The result of the examination, you guessed it, was negative. Doctors found no alcohol or narcotic substances in the driver’s body. And then Vasily decided at all costs to defend his position and achieve justice.
Lawyer Evgeni Shmelev undertook to protect the driver. That's what he paid attention to.Related Materials Sobriety test: all the nuances
The traffic police inspector committed serious violations of the current legislation, in particular, the Code of Administrative Offenses of the Russian Federation and the Rules for the examination of a person who drives a vehicle for intoxication and registration of its results, referral of a specified person for a medical examination for intoxication, medical examination of this person for a state of intoxication and registration its results and the Rules for determining the presence of narcotic drugs or psychotropic substances in the human body during medical examination for the state of intoxication of a person who drives a vehicle, approved by Decree of the Government of the Russian Federation of June 26, 2008 No. 475.
The first violation is that when the driver was actually removed from driving, the traffic police inspector did not attract two witnesses and did not record, as provided for in part 2 of Article 27.12 Administrative Code, - the lawyer explained his position.Related Materials Is it possible to hide alcohol intoxication: myths and reality
The second violation is sampling and testing. The inspector simply had no right to do so. After all, the aforementioned Rules do not empower the traffic police inspector to obtain biological objects (blood, urine) from drivers and conduct subsequent chemical toxicological studies, as this is part of a medical examination for intoxication. Research is the prerogative of medical organizations licensed to carry out medical activities indicating the relevant works and services.
In addition, a medical examination for intoxication is carried out exclusively by a psychiatrist-narcologist or a doctor of another specialty (in rural areas, if it is not possible to carry out a medical examination, the specified examination is carried out by a paramedic) who has been trained in conducting a medical examination for the state of intoxication of drivers of vehicles (paragraph 15 Rules), but not the inspector of traffic police.
The only survey authorized by the traffic police inspector is a drunkenness test using a measuring instrument (breathalyzer).Breathalyzers cannot determine the presence or absence of narcotic substances in the driver's body. For this, the need for a medical examination is prescribed. The inspector cannot take any “glass” samples. Breathalyzers cannot determine the presence or absence of narcotic substances in the driver's body. For this, the need for a medical examination is prescribed. The inspector cannot take any “glass” samples.
The third violation on the part of the traffic police inspector is that he sent the driver for a medical examination to the hospital, bypassing the examination procedure for intoxication on the spot, using a breathalyzer. And the Code of Administrative Offenses of the Russian Federation and the Rules do not provide for the direction of the driver for a medical examination for the state of intoxication of the driver of the vehicle only on suspicion of the presence of signs of intoxication.
A referral for a medical examination for intoxication should be preceded by a proposal from a traffic police inspector to undergo a medical examination for intoxication. And only if the driver refuses this or does not agree with the testimony of the breathalyzer, as well as with a negative result, but inadequate, for example, the driver’s behavior, is a check in the medical facility offered.The complex procedure for examining drivers who are really intoxicated, makes the traffic police inspectors go to different tricks. But they are all illegal. The complex procedure for examining drivers who are really intoxicated, makes the traffic police inspectors go to different tricks. But they are all illegal.