How to avoid fines and deprivation of rights under art. 130 kuaap

How to avoid fines and deprivation of rights under art. 130 kuaap

Any driver has probably been able to sort out relationships with former police officers or current police officers. As a rule, the winners were law enforcement officers, and this is because, unlike you, they were prepared for this meeting, were trained and faced offenders many times. In such an environment, the majority do not understand how to behave, not knowing the laws, or even their elementary rights. And this is often used by the police, often formally approaching the problem and writing violations of administrative offenses with violations.

Fine amount

What should an ordinary driver do? Pay a fine or lose your ID? Or to prove innocence in court? Everyone decides for himself. But it is especially insulting when rights are deprived of undeservedly, or when the car is the breadwinner of the family. In addition, the size of the penalty, in particular under Art. 130 h.1, in order to strengthen the administrative responsibility for driving while intoxicated, in July 2016 was significantly increased. According to these changes, the Code of Ukraine on Administrative Offenses is abbreviated as KuoAP, and in Ukrainian the abbreviated name sounds like Kupap, since 2016 the penalty is 10,200 UAH. with the simultaneous deprivation of the right to drive a vehicle for a period of 1 year. For a repeated offense within a year under this article (part 2), punishment is already in the amount of 20,400 UAH. with the deprivation of management rights for a period of 3 years!

In the case of deprivation of a driver's license after a year, they do not return automatically, but you must re-take exams on the knowledge of traffic rules.

Well, if an accident occurred, for the culprit can come not only administrative, but also criminal liability.

The amount of fines for drunk driving, for most car owners, is very, very impressive. An offender who cannot pay a fine may even lose his car, because situations are not rare when their amount is almost equal to the value of the car, and the executive service, in this case, may impose arrest.

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Is there a way out?

However, not always having understood the situation, police officers objectively assess the condition of the driver and issue a fine under art. 130 often guided by patterned terms and procedures.

But fortunately, our legislation at first glance seems strict, but it also provides for the need for police officers and judges to act within the framework of the law, in accordance with instructions and codes. And it turns out there are many procedures that the authorities simply ignore or try to ignore at all, thereby drawing up protocols and making decisions that violate the rights of motorists.

Here, for example, did you know that there is Article 18 of KUoAP, which states that it is not an administrative offense, although it is stipulated by this Code, absolutely necessary, in other words, to eliminate the danger that threatens the state, public order, any property, rights and freedoms of citizens, if this danger under the circumstances could not be eliminated by other means, as well as if the harm caused by you is less significant than the harm that you have prevented.

A vivid example when a person acts in a state of extreme necessity can serve as an urgent delivery of a drunk driver to a person who feels unwell in the hospital, but only if it was impossible to do this in other ways (by calling an ambulance) and if the damage was caused proved to be less significant than the harm prevented.

Or, for example, that together with a gas analyzer in which you are forced to breathe, there must be a certificate of conformity and a certificate about verification, which is not always the case, or even something that you have not been told how to use it already is a violation of your rights. Also one of the most common violations is the violation of the deadlines for bringing to administrative responsibility, which is established by law in 3 months from the date of its identification. And all this is only a small part of what the police and judges neglect in their decisions

In this regard, the law firm Alibi recommends that drivers who are not legally trying to bring to administrative responsibility under Art. 130 KUPAP, contact us and our lawyers will quickly and efficiently help you avoid paying huge fines and other consequences of alleged violation of traffic rules.

And if under Article 130 Kupap has already been decided, do not despair, you can appeal to the court of appeal. If it is impossible to solve the problem at the initial stage, then our lawyers undertake to solve your problem in court, at all its stages.

By calling 067 13 05 666 or 050 13 05 666 , you will receive not only expert advice, but also real practical help in solving your problem. Interesting cost of the service?

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