The Supreme Court of the Russian Federation gave clarifications.
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The testimony of the breathalyzer alone is not enough to accuse the driver of driving while intoxicated. Especially if the driver did not agree with the results of such an examination.
The rules for examining a driver for intoxication are enshrined in several serious regulations at once – a government decree, orders of the Ministry of Internal Affairs and the Ministry of Health. As a rule, the courts justify drivers only on the basis that one of the points of the rules was not observed by the inspector.
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*This material was created by a person who has the status of a foreign agent in the Russian Federation.
If the traffic police inspector has a suspicion that the driver is drunk, the inspector must draw up a protocol on removal from control, conduct an examination on the spot. And if the result of the readings of the device does not suit the driver or the inspector, then the police officer is obliged to send the suspect for a medical examination.
If the driver does not agree with the “measurements” on the spot and was not sent for a medical examination, it will not be easy to challenge the protocol in court, the Supreme Court explained, considering the controversial case of one of the drivers.
The driver consistently stated that he did not agree with the results of the examination for alcohol intoxication. It follows from the materials of the case that the will of the person is not reflected in the examination report in the column “I agree / disagree with the results”, the Supreme Court points out.
From the video, according to the Sun, it also does not follow that the driver agreed with the results of the examination for alcohol intoxication.
Therefore, drivers are reminded that they must know not only traffic rules, but also the Code of Administrative Offenses, as well as the rules for testing for intoxication.
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Source: Russian newspaper
Photo: Andrey Nikerichev/AGN “Moscow”
