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How to avoid the penalty and the removal of rights on st. 130 coop

- driving a vehicle under the influence of alcohol, drugs or under the influence of drugs that reduce the response.

The article describes in detail and step by step how drivers are brought to administrative responsibility for driving while intoxicated from the moment of stopping to deprivation of rights by the court, your rights and duties of police officers.

Article 130 kupap , 130 article, 130 cupup, article 130, st 130
130 articles

Stage 1

Driving a vehicle (with engine running or towed).

Stage 2

Violation by the driver of the rules of the road.

Stage 3

A policeman while driving his car revealed a violation by the driver of traffic rules in connection with which the use of flashing lights and a loudspeaker required the car to stop.

Stage 4

The driver, at the request of the police officer, is obliged to stop his vehicle and is obliged to present the driver’s license and vehicle registration certificate (technical passport), as well as a valid CTP insurance policy confirming the car insurance.

Stage 5

For violation of traffic rules (not related to the accident or article 130 of КУоАП), the policeman makes a decision on the spot on imposing administrative responsibility on the driver and gives him a copy of the decision.

Stage 6

In the event that the policeman detects the smell of alcohol from the mouth, dilated pupils, reddening of the eyes, incoherent speech, uncoordinated driver movements, the policeman invites two disinterested witnesses, explains their rights and obligations, tells the driver about his suspicions and suggests using a breathalyzer (gas analyzer) check the blood alcohol content, the value of which expresses the degree of intoxication.

Stage 7

The driver has the right to request documents for a breathalyzer that certifies its certification, verification, calibration, etc.

In the absence of these documents, the driver has the right to refuse the use of checking him with a breathalyzer.

Stage 8

A) The driver has the right to refuse to undergo an examination using a gas analyzer and request that he be examined for intoxication in a medical institution;

B) The driver agrees to pass the inspection using a gas analyzer.

Stage 9

The policeman offers to blow into the breathalyzer, after which a paper check is printed from the last one which indicates the alcohol content (the amount of alcohol in the blood measured in ppm) in the body.

Stage 10

A) If the number per mille is less than 0.2, then the police officer is obliged to inform the driver about the absence of a corpus delicti in his actions as provided for under Article 130 of KUoAP and give the opportunity to continue driving in a vehicle;

B) If the number in the driver’s body is more than 0.2, then the police officer must ask him if he agrees with this result or not. If the driver agrees, the police officer draws up a protocol on an administrative offense in accordance with Article 130 of KUoAP. If the driver does not agree with the result, the police officer must write out a direction for him to undergo a medical examination for intoxication in a medical institution.

Stage 11

The driver is obliged, under police escorts and in the presence of police officers, to pass a medical examination for intoxication in a specially approved state medical institution by means of blood or urine tests for two hours after the police stop it.

Stage 12

A) If the number of ppm is less than 0.2, then the police officer must inform the driver about the absence of an offense provided for in Art. 130 KUoAP in his actions and give the opportunity to continue driving on the vehicle;

B) If the amount per mille in the body is more than 0.2, then the police officer draws up an administrative offense report against the driver according to article 130 of KUoAP, to which he attaches a medical examination act as evidence.

Stage 13

In the protocol on administrative violation under Article 130 of KUoAP, the driver may refuse to write explanations, sign, or may write his comments in the protocol or on a separate sheet and sign.

The protocol is also signed by two witnesses and the policeman who drafted it. Witnesses give explanations on a separate sheet.

A copy of this protocol is given to the police driver.

The police officer withdraws the driver's license from the driver and gives him temporary rights to drive a vehicle with a validity period of 3 months.

Stage 14

A policeman has the right to send the driver’s vehicle to the penalty area using the tow truck or to transfer the vehicle to the person’s storage agreed with the driver who is present at the time this issue is resolved.

Stage 15

A police officer is obliged to transfer the materials on an administrative offense under Article 130 of КУоАП to the court at the place of registration of the driver or at the place of the administrative offense.

Stage 16

The court is obliged to consider the case of an administrative offense under Article 130 of KUoAP within 3 months from the date of the minutes.

The court is obliged to call the driver for consideration of this case, while his non-appearance does not preclude consideration of the case in his absence.

In the event of non-recognition of the driver’s fault, the court has the right to call for questioning at the court hearing the witnesses indicated in the protocol, the police officers who made the protocol, study the video recording of the chest cameras of police officers, and also examine the evidence provided by the driver.

Stage 17

A) If the court considers sufficient and legitimate evidence of the driver’s guilt, then the court issues a decision on administrative liability under Art. 130 of KUoAP, imposes a fine of 10,200 UAH. with the mandatory deprivation of the right to drive a vehicle for a period of 1 year (after 1 year the rights are not automatically returned, therefore it is necessary to retake the police examinations).

Acknowledgment of guilt by the driver, the presence of mitigating grounds does not affect the court’s decision regarding the amount of the fine and deprivation of rights.

The driver may appeal this court ruling to the Court of Appeal within 10 days from the date of the court ruling - if he attended the meeting, if he was not present - within 10 days from the date the court decision was received.

B) If the court considers as insufficient and unlawful evidence of the driver’s guilt, then the court makes a decision to close the case of an administrative offense under Article 130 of KUOAP. In this connection, the fine is not imposed and the driver does not lose the right to drive the vehicle.

In addition to the driver, this decision cannot be appealed by anyone.

Stage 18

A) The Court of Appeal has the right to cancel the decision of the court of first instance as unlawful and make a decision to close the case of an administrative offense under Article 130 of KUoAP. In this connection, the fine is not imposed and the driver does not lose the right to drive the vehicle.

B) The appellate court has the right to leave the decision of the court of first instance in force as lawful.

The decision of the Court of Appeal is not subject to further appeal and is final.

Stage 19

The decision of the court of first instance to impose a fine 10 200 UAH. if it is not appealed by the driver after 10 days from the date of removal, it is sent to the state executive service for compulsory execution.

During the 10 days, the fine may be voluntarily paid.

The decision of the appellate court, which upheld the decision of the court of first instance to impose a fine of 10,200 UAH., is sent immediately after it is submitted to the state executive service for compulsory execution.

The decision of the courts to revoke the right to drive a vehicle for a period of 1 year is sent to the police for execution.

Note:

If the driver refuses to be examined not only with the help of a breathalyzer, but also at a medical institution in the presence of police officers, then these actions are an administrative offense in accordance with art. with the mandatory deprivation of the right to drive a vehicle for a period of 1 year.


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