What if the Policeman without tester caught you "smell"

The cops who lack the breathalyzer, often build their accusations against the driver based on the smell of alcohol from his mouth. How to behave in this case?

Since the adoption of the instruction on the procedure of identifying drivers who drive while intoxicated - joint order of the Ministry of interior and Ministry of health - it's been more than a year. Recall that after the adoption of this document, the driver can be considered drunk only if the norm of the alcohol content in the blood it exceeds 0.2 ppm (0.0002 g/l, about 40 g of vodka in the 80 kg weight). At the legislative level was established minimum standard, and to control the sobriety of drivers in accordance with the new legislation, the management of traffic police promised to buy a digital breathalyzer, determining the exact amount of alcohol in the blood.

 

At the time the resolution "drink driving" in the society received a mixed reception - many people talk about the fact that such a rule will lead to an increase in traffic accidents, they say, our people measures't know. But the drivers took innovation to cheer. Because the new regulations were allowed to defend themselves against unfounded allegations, for example, if the driver takes drugs.

 

But really it is easier to prove his innocence in this case? As it turned out, the idea of checking drivers using alcohol tests actually failed devices purchased so low that the inspector still, even with the hint of the smell of alcohol from his mouth, and accused the driver of drunk driving. And to fend off such accusations is extremely difficult because judges and society believe that if the driver is drawn up, so he was really drunk. Some inspectors, accusing drivers, hinting at a bribe. To fend off accusations in such cases, the driver must be very well aware of their rights.

 

 

 

 

 

How must pass inspection by law

 

Upon verification shall draw up a Protocol, and to make a definitive conclusion on drunk right doctor.

 

1. The fellowship. The inspector calls the essence of the offense is running in a condition of alcoholic intoxication. The policeman releases the driver from the vehicle control and reported that in the presence of two witnesses is going to conduct the examination using the breathalyzer. Then prompts the driver to take the test voluntarily. According to Art. 130 ALCO, refusal of examination is equivalent to the recognition in alcohol.

 

2. Protocol. Upon inspection, the inspector shall draw up a Protocol, in which notes the signs of intoxication. After that the policeman stops the two witnesses, and writes the data into the Protocol.

 

3. Checking. The inspector takes the breathalyzer, tells how, specifically, will conduct research shows documents on the device (certificate of state registration and verification) and asks the driver to blow up.

 

If the result is less than 0.2 ppm. The inspector must write in the appropriate box of the Protocol that alcohol in the blood were not found or it is, but in the right quantity with reference to the device. Then give a copy of the Protocol driver and to let him go.

 

If the result is greater than 0.2 ppm. The inspector asks the question: would the driver with the results.

 

a) If you agree. The Protocol is passed to the court, the driver released.

 

b) If you disagree. The Protocol does not specify anything, the driver sent to hospital. While the inspector fills in the request form, enter the name of the medical institution, the Protocol number, date, results of the survey using techcrete (indicates the number of the breathalyzer). Shipping to the doctor is in a car inspector and auto driver remains parked at the stop.

Check in the hospital

 

1. At the time of arrival at the point of examination of the drivers from the inspector must be completed Protocol and direction, but the test results using the breathalyzer he fit is not right.

 

2. The doctor fills the act of seeing, after that conducts research in 12 points (check the response of the pupil to light, pulse, blood pressure, and physiological condition of the driver).

 

3. 20 minutes after the first check, the doctor is obliged to hold her again.

 

4. The doctor is obliged to take the driver of biological samples (saliva, urine and swabs from the surface of the lips, the skin of the face and hands, blood) in two containers - one of them examined, and the contents of the second stored for 90 days in case the driver wants to order a re-examination during the trial.

 

5. Conclusion the results should be in triplicate: to the COP, the driver and the doctor for the report. Based on the opinion of a physician, the results of the inspection of the driver recorded. Before the Protocol inspector must make every direction.

 

If the doctor believes that the driver is intoxicated, the driver release, regardless of the results of the breathalyzer.

 

During the sound diagnosis of the driver (drunk or sober) in the same room should be the driver, and the state inspector.

 

If in the process of checking the driver has not complied with any item in the instructions, the results of such examination shall be considered invalid.

 

The law stipulates the right of the driver to apply for analyses in other institution. However, in practice, other public hospitals in the tests fail.

 

6. If the driver admitted drunk, car, according to senior 265-2 of the CAO, is blocked by special means. Shipping on shtrafploschadku is only if the car significantly (!) prevents traffic (covers the roadway).

 

7. The Protocol violation and driving law passed in court, which is hearing the case within 90 days.

 

What devices can use SAI

 

It is important to know that the so-called "tube" (the Control of sobriety) so as cancelled. The validation procedure is carried out using modern breathalyzer. Tolerances have four German unit: AlcoQuant 6020, Alcotest model 6510, 6810, 7410 Plus com and one Belarusian - Alcont 01. In the traffic police often use Alcotest 6810 included with the printer.

 

The driver must blow into the device through a disposable mouthpiece. On the printer breathalyzer state inspector prints a receipt (in duplicate) stating the date and time of inspection, the measurement result and its serial number. One is attached to the original adminprotokola, the second one to copy. The results of the inspection are recorded in adminprotokol.