What liability is provided by law?
Transferring control of a vehicle to a person who is intoxicated is punishable under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.
The sanction of this legal norm provides:
- application of an administrative fine of thirty thousand rubles,
- deprivation of the right to drive vehicles for a period of one and a half to two years.
According to the regulations, a person deprived of a driver's license is obliged to hand it over to the territorial division of the traffic police at his place of residence within three days, counting from the day on which the court decision came into force.
If the document is not submitted, the period of deprivation is not calculated. As soon as the certificate reaches the traffic police, the countdown of the period for which the person was deprived of his rights will begin.
The administrative fine must be paid within sixty days. Allowing a person who is intoxicated or does not have a driver's license to drive a vehicle entails liability under Article 12.32 of the Code of Administrative Offenses of the Russian Federation.
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Its sanction includes an administrative fine:
- for an official responsible for the technical condition and safe operation of transport, in the amount of 20 thousand rubles,
- for legal entities it is one hundred thousand rubles.
If the owner of the vehicle is an individual entrepreneur, then he is subject to a penalty similar to a legal entity.
Is the owner of the vehicle deprived of his rights?
To get an answer to this question, you need to carefully study Article 12.8 of the Administrative Code. Thus, the second part of this provision actually involves depriving the owner of movable property of the special right to drive a car for a period of one and a half to two years. Confiscation of the license occurs regardless of whether the drunk driver using the car had his own license.
It is important to know: the court can punish not only the actual owner of the vehicle, but also the persons who have received powers of attorney. Those motorists who, having a power of attorney, transferred control of the car to a person intoxicated with psychotropic drugs or alcoholic beverages will be subject to punishment.
The owner of the car can count on retaining his own driver's license if, at the time of recording the case of drunk driving, he was not in the car with the guilty person. In such circumstances, the car owner may try to defend his innocence in the incident.
The fact is that authorities will not be able to establish in what exact period of time the intoxicated driver took alcohol. The owner of movable property has the right to declare that he handed over the car to an absolutely sober citizen and did not know that he was going to drink alcohol. Inspectors will not be able to provide evidence to the contrary.
If at the time of arrest the owner of the vehicle was drunk in the car, he is guaranteed to lose his license. If you are in the salon while sober, you can only try to mitigate the punishment.
Peculiarities of applying a fine for handing over the steering wheel to a drunk driver
Administrative liability for transferring the steering wheel to a person who is intoxicated occurs only if there is a voluntary transfer.
Important! This can be confirmed by:
- being in the car of the owner of the vehicle during a stop by traffic police officers,
- handwritten acknowledgment by the driver of the fact of transfer by the owner of the car.
If the owner is not in the car, then it is almost impossible to prove the voluntary transfer of the steering wheel to a drunk driver, especially with a competent lawyer.
If the fact of the owner’s presence is recorded by the information set out in the protocol on an administrative offense, then it will be difficult for such a person in a court hearing to prove that he did not know about the drunken state of the person to whom control of the vehicle was transferred.
Any attempts to shield oneself will be regarded by the court as an attempt to evade responsibility provided for by law.
He hit a pedestrian and left the scene of the accident.
Read here what to do if the loaned car is involved in an accident and cannot be restored.
Is it necessary to do a technical inspection after an accident, read the link: https://novocom.org/otvety-na-voprosy-chitatelej/nuzhno-li-proxodit-texosmotr-posle-avarii.html
The owner of a vehicle finds himself in the most difficult situation if he is brought in after a case has been considered in court to punish the driver.
Especially if the court ruling states that the owner knew about the driver’s condition and, nevertheless, handed over the car to him. In this case, liability under Part 2 of Article 12.8 of the Code of Administrative Offenses cannot be avoided.
Experienced lawyers recommend building protection for the owner of a vehicle at the stage of bringing to justice the person who is brought to administrative responsibility for driving while intoxicated. Only the exclusion of the driver's liability automatically removes the question of the liability of the car owner.
Therefore, only experienced and qualified auto lawyers will help you choose the right tactics and strategy for protecting the interests of the vehicle owner. Involving these specialists in the case at a very early stage will allow you to reliably and effectively build a defense against the charges.
There are no ready-made recipes for what to do in this or that case. Each case occurs in a specific situation, and therefore requires an individual approach and the development of a special line of defense.
Revocation of driver's license for repeated drunk driving.
Peculiarities of punishment for drunk driving for the first time
Since drinking alcohol while driving is equated to a very serious traffic violation, the driver’s license will be seized for it in any case.
But if you initially ignore Art. 12 Part 8 of the Code of Administrative Offenses, a motorist will lose his license for only 18 months, while if he gets drunk again, he faces a 3-year ban on driving a vehicle.
In addition, in addition to the withdrawal of a certificate, the administrative code provides a citizen with 30 thousand rubles in 2021. fine for driving while intoxicated for the first time. In the event of a second failure to comply with traffic rules on the same point, the amount of the financial penalty will increase by 10 times. Evasion of debt payment to the traffic police is fraught with forced labor for a period of up to 480 hours for the violator.
The process of drawing up a protocol by a traffic police officer
The fact of an administrative offense is recorded by a traffic police officer in the appropriate protocol. It indicates the essence of the violation depending on the current situation.
So, for example, the vehicle is registered to the spouse, and the husband was driving the car while intoxicated. The traffic police inspector is obliged to draw up a protocol both against the owner of the vehicle for handing over the steering wheel to a person who is drunk, and against the driver himself for driving a vehicle while intoxicated. Thus, both family members will be punished.
If the wife, as the owner of the vehicle, was not in the car, and the husband took the car while sober, then only the husband will be held administratively liable.
The wife will be able to avoid punishment, but the traffic police officers will not miss the chance to draw up a report on her. Then, in court, the owner of the vehicle will need to prove that the car was transferred to the control of a sober spouse.
When drawing up a report on driving while intoxicated or handing over the steering wheel to a person while drunk, the driver's license will not be confiscated. Traffic police officers are deprived of this right. Only after a court ruling has entered into legal force, the owner of the driving license independently surrenders his license to the traffic police.
Watch the video. How to mitigate the punishment if they want to deprive you of your rights:
What does the traffic rules say regarding attempts to drive a car?
Article 2, paragraph 7 of the Traffic Regulations states that it is strictly prohibited for a person intoxicated with alcohol, drugs, or psychotropic substances to drive a car. Violation is punishable under both administrative and criminal charges.
If, when stopping a vehicle in relation to the driver, the supervisors have suspicions of intoxication, the traffic police officer can determine the degree of intoxication with a breathalyzer (exceeding 0.16 milligrams of ethyl alcohol per liter of exhaled air) or by a blood test (0.3 or more grams of ethyl alcohol per 1 liter of blood).
The protocol drawn up by the traffic police inspector, along with other materials on the case, is submitted to the court, where the offense will be considered. After consideration, the court will determine the penalty (read about the penalties for drunk driving in Russia here).
How to avoid liability for handing over the steering wheel to a drunk person
In order to protect yourself from the possibility of being held administratively liable for handing over the steering wheel to a person who is intoxicated, you should correctly document the fact of acceptance and transfer of the vehicle.
Experienced lawyers recommend drawing up a document in which the date, time, place of transfer of the car, and the sober state of the driver entrusted with driving the vehicle should be recorded.
In the future, this document will make it possible in court to prove the absence of intentional guilt or criminal inaction in the actions of the car owner.
Qualified lawyers use another argument to exclude charges against the owner of the car. They require traffic police officers to present a medical examination report stating that the driver was intoxicated at the time the keys were handed over.
The absence of such a document excludes the legal grounds for bringing the owner of a vehicle to administrative liability for handing over the steering wheel to a person who is intoxicated.
How to obtain a court order to deprive of rights?
How to proceed when accused of transferring control of a vehicle to a person under the influence of alcohol?
The specific plan of action will mainly depend on whether the owner of the car is caught next to a drunk driver. It is this nuance that will largely influence the further outcome of events.
If you were in the car
If at the time a drunk driver was discovered, the owner of the car was in the next seat, then in this case it will be quite difficult to prove his innocence in what happened. In such a situation, it is obvious that the owner of the car did not mind being driven by a drunk person.
Thus, you will have to pay the issued fine, as well as walk for some time (due to deprivation of your license). At the same time, if appropriate circumstances exist, it can be stated that a drunk person was only sitting in the driver’s seat, but had no intention of moving away. However, again, in this case, traffic police officers will definitely pay attention to the presence of a key in the ignition, a steering wheel lock or its absence, and other signs that may indicate that the car was in motion until recently.
If you weren't there
If the owner was not in the car, then he has a greater chance of justifying himself and avoiding punishment. In such a situation, you can try to appeal the decision on an administrative offense. Moreover, the grounds for challenging the imposed punishment may include:
- a message that the car was stolen;
- an indication that the driver got behind the wheel without the permission of the owner of a particular vehicle;
- declare that a person, while under the influence of alcohol, forcibly took possession of the keys and left in an unknown direction;
- to say that the person was sober at the moment of handing over the steering wheel
It should be remembered that the decision to impose a fine must be challenged within 10 days from the date of its receipt. This is stated in paragraph 1 of Art. 30.3 Code of Administrative Offenses of the Russian Federation. To do this, you need to prepare a written complaint and send it to the authorized body. According to the law, it will have to be considered within a period of no later than 10 days. This period is established in paragraph 1 of Art. 30.5 Code of Administrative Offenses of the Russian Federation.
If the car owner was nearby
If the owner of the car handed over control to a person who is intoxicated, and at the same time he was also in the car, it will not be possible to avoid administrative liability.
Since any explanation that the owner of the car did not know that he was handing over the steering wheel to a person in a state of intoxication will be regarded as an attempt to evade a well-deserved punishment.
The only possible option to avoid liability is to look for procedural errors on the part of traffic police officers in filing an administrative case.
Controversial situations
In order for the offense to be classified as provided for in Art. 12.8, it is necessary that the fact of its transfer to a drunk person be established.
If the driver refuses to undergo a medical examination, certain measures will be applied to him, but this no longer works in relation to the owner of the car - at the time of the driver’s arrest it was not established that he was drunk. An experienced lawyer in court will help you win your case based on this circumstance.
We must understand that there is a certain difference between the state of intoxication and the use of substances that cause it. The narcologist to whom the driver was sent for the examination procedure can also make the following conclusion: there is no state of intoxication, but the fact of alcohol consumption is confirmed.
If there is no intoxication, this is an opportunity for the car owner to avoid punishment.
When trying to impose liability on the owner under Article 12.32 of the Administrative Code, which applies to officials responsible for access to driving, it is better to try to provide evidence that the car is operated by the organization. Then administrative liability arises only in relation to the official.
On a note. The degree of intoxication does not in any way affect the amount of responsibility - the punishment is imposed solely at the discretion of the court. Various circumstances can be taken into account that will mitigate the guilt or, on the contrary, aggravate it.
If the driver has not previously committed such offenses, and the consequences for others are not significant, the penalty, as a rule, is the smallest possible.
What to do if the owner of the vehicle was not in the car?
If a vehicle was detained for being driven by a driver who was intoxicated, traffic police officers will attempt to call the owner of the car to the place of detention. The goal is to draw up a protocol for handing over the steering wheel to a drunk driver.
Remember! Since it is quite difficult to prove the fact that the steering wheel was handed over to a drunk driver, the owner can use the following arguments to justify himself:
- The driver showed no visual signs of intoxication. A medical examination report for intoxication was not drawn up, so the owner had no reason to assume that the driver was drunk,
- the driver took the car without the owner’s permission because he had access to the keys or committed theft. That is, the car left the property without the will of the owner,
- excluding the fact that the driver was drunk is tantamount to the absence of an administrative offense,
- the car is a common shared property, despite the fact that it is registered in the name of one of the spouses. Therefore, the second spouse can drive the car without the prior consent of the owner.
A vehicle driven by a person in a state of intoxication is detained. The driver is removed from driving it. And the car itself is placed in the impound area.
What to do if you are accused of wrongful transfer of control
If you are accused of violating the law, but you are confident in your innocence, you should defend your rights. You will have to prove that the driver was not drunk or that you did not transfer control to him. Controversial situations when holding people accountable for unlawful transfer of the steering wheel arise constantly, and the reason for this lies in the imperfection of the legislation.
Imperfection of legislation
Quite often it is possible to challenge the fact that the driver is intoxicated. Moreover, both objective and formal grounds can be used for this. In the first case, an independent examination is carried out at a licensed institution. If it shows no intoxication, you can appeal the findings of the previous examination and the punishment imposed by the traffic police. The same results can be achieved if, for example, the traffic police officer did not show you the breathalyzer documents, when drawing up the report there were not two witnesses not associated with the police, the examination was carried out in violation of the laws or there were errors in its report.
Even more nuances arise from the lack of a clear definition of transfer of control in the legislation. That is, real facts can be interpreted and interpreted in different ways. This often allows you to avoid punishment for such an offense.
How to act to challenge the charge
Collect and record all the facts that speak in your favor. This may include witness statements, video and audio recordings confirming that you did not give up control to a drunk person. For example, it can be proven that at the time of transfer of control of the vehicle the driver was sober, but took drugs or drank alcohol later.
It is better to involve a lawyer in the case. The lawyer will immediately be able to assess the legal prospects of the case and propose a defense strategy.
Proceedings regarding the revocation of a driver's license
After the traffic police officer formalizes an administrative case, the procedure of which includes not only drawing up a protocol, but also testing the driver with a breathalyzer or sending him to a medical facility to undergo a medical examination for alcohol intoxication, all materials are submitted to the court. Only the court has the right to apply one or another type of punishment.
Payment to the insurance company if the person at fault for the accident is drunk.
If a driver detained for driving while intoxicated, or a vehicle owner who handed over the steering wheel to a drunk, ignore a summons to a court hearing, this may be perceived as an admission of guilt. Therefore, the court will automatically issue a ruling on administrative liability.
Our experienced lawyers recommend not to ignore subpoenas. It is better to enlist the help of a specialist than to be deprived of your driver's license.
Watch the video. How to protect yourself when transferring control of your car to another person:
Is it possible to avoid deprivation of rights?
Deprivation of rights for alcohol intoxication in 2021 is a mandatory penalty for all categories of vehicles, except bicycles. Therefore, you will definitely not be able to avoid a ban on driving a vehicle if your guilt is proven by a traffic police inspector in court.
It’s another matter if the driver can challenge the decision made to him under Art. 12 Part 8 of the Code of Administrative Offenses of the Russian Federation within 3 days from the date of receipt of the form in hand. After all, then the traffic police officers will have to stop the case and return the citizen’s ID. Inspectors are given no more than one week for this procedure.
We found out in what cases the administrative code provides for the deprivation of a driver's license for drinking alcohol in 2021, and how you can avoid liability without ignoring existing laws. In conclusion, it is worth adding that drunk driving can lead to much more serious consequences than a fine or a ban on driving. Therefore, you should only drive when sober.
Who is deprived of their rights in an accident that results in death?
Mitigating circumstances may include situations where the car owner’s car was stolen by drunken hooligans. But this fact must be proven.
So, for example, if a car was stored in a paid parking lot and the owner of the car has evidence of this (receipts, etc.), then this will serve as an evidence base.
In a word, in order for the above articles not to be used in the case, it is necessary that the motorist-owner prove the fact that he did not transfer the right to drive his car to a drunk driver.
If, on the contrary, traffic police officers manage to prove that the car was handed over to a drunk person, then you can try to challenge the situation.
To do this, they file a complaint first with the traffic police, and then with the court, if the pre-trial claim was not satisfied. But in the event of death of the victims, after the damage was caused by an emergency collision by a drunk driver, all such complaints will be excluded from practice.
They will not be taken into account due to a crime committed with serious, irreversible consequences. Here we are no longer talking about administrative liability, but criminal liability.
The person who was directly driving the car at the time of the incident will be held accountable. And the owner of the car, who allowed it to be used, may receive his own punishment.
Removal from the right to drive a car can be awarded to both the offender and the owner of the vehicle. In many ways, everything here depends on the opinion of the judges in a particular case, which is based on the degree of guilt.
If the owner of the vehicle knew that the driver was drunk and still entrusted him with driving, then he would have to part with his driver’s license for some period of time.
How can the traffic police prove your guilt?
filmed directly at the scene of the incident to prove the guilt of detainees In cases where the incident is associated with drunk drivers, it is necessary to attach medical examination reports and blood tests to the case materials.
Many traffic police officers also try to obtain testimony from witnesses directly at the place where the car was detained. They could be drivers passing by - in this case they will be asked to assess the condition of the person behind the wheel from their point of view and sign the protocol.
Transferring the steering wheel to a person who does not have a license and is intoxicated
When it comes to a situation in which the steering wheel was transferred to a person who at that moment did not have the right to drive any vehicle, then we are talking about a repeated violation.
And if this is also accompanied by the fact that the vehicle was driven while intoxicated, then the violation is subject to consideration under articles of criminal law.
But this is only possible if both crimes, the previous and the present, are the same.
In the Administrative Code of the Russian Federation, in Art. 12.7 indicates the type of punishment for transferring the car to a person who is not only drunk, but also does not have a license. The amount of punishment in this case will be 30,000 rubles (Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
The driver himself, who received permission to drive drunk without a license, will be punished in his own way.
If he is deprived of such rights, he will be charged a fine of 30,000 rubles, and will also be sentenced to compulsory work lasting at least 142 hours. Or they can be arrested for 15 days (no longer).
For those persons who did not even have a driver’s license, the fine will be 5,000-15,000 rubles. (without a choice between arrest or compulsory labor).
Transferring a car to drunk persons is strictly prohibited in any country, including Russia. This is stated in the traffic rules.
The penalties determined by the judge are indicated in ranges or optionally in the Administrative Legal Code of the Russian Federation (CAO RF).
Any transfer to a drunk person is prohibited, regardless of whether such an irresponsible driver has a license or not. All repeated cases of the same type of crime can be considered in criminal law.
This is especially true in cases where the consequences of drunken driving are found - moderate, severe and fatal cases of harm to life and health.
Alcohol intoxication standards for drivers are shown in the article: Alcohol intoxication standards for drivers. For a sample of an alcohol intoxication test report, see the page.
Find out about the law on the car lien registry from this information.
