What happened?
The story that took place in the Yamalo-Nenets Autonomous Okrug and served as a pretext for such a high trial is worthy of a novel.
The driver drove into a high curb at night and got stuck on it – it can happen to anyone. Unnoticed, unresponsive, distracted. It seems that there are no victims – there are no problems. But vigilant citizens reported to the traffic police that, according to vigilant citizens, the driver was drunk.
Arriving traffic police inspector conducted an investigation, but no alcohol was found. The inspector did not give up and sent the unfortunate driver to the hospital, where no clinical signs of drunkenness were found either.
However, traces of gabapentin and nimesulide were found in the driver’s urine.
And the gray area!
Gabapentin is a medication used to treat seizures and neuropathic pain. Nimesulide is a non-steroidal anti-inflammatory drug used to treat acute pain, osteoarthritis. Based on this set, it can be concluded that the driver had chronic pain, for which these drugs were prescribed. However, a protocol has been drawn up against the driver under Part 1 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, the case was referred to the court.
The justice of the peace suddenly sided with the driver and stopped the proceedings because of an administrative violation. The judge concluded that the chemical-toxicological examination had been carried out contrary to the stated requirements, since the concentration of the identified drugs in the driver’s body had not been determined, and this excluded the possibility of determining the extent of their impact on his condition to decide .
However, this decision was canceled by a higher authority, and then the driver was still found guilty – despite the fact that, according to the results of a medical examination, neither ethyl alcohol, nor narcotics, nor psychotropic substances were found in his body, and the use of the drugs gabapentin and nimesulide are not permitted by law.
This decision was appealed by the lawyer of the driver and suddenly another judge of the Salekhard City Court of the Yamalo-Nenets Autonomous District came to the conclusion that medicines that do not contain ethyl alcohol, narcotics or psychotropic substances are in the “grey zone”. ” of legal regulation, since the legislation does not contain an exact list of drugs that can cause intoxication, but the use of which is not expressly prohibited. In this context, the proceedings in this unusual case were suspended and a corresponding request was sent to the Constitutional Court of the Russian Federation.
How is it going? Gray zone of legal regulation! This is something new. But it’s not about definitions, but about the essence.
What has the Constitutional Court decided?
- Recognized the comment to Article 12.8 of the Code of Administrative Offenses of the Russian Federation as contrary to the Constitution of the Russian Federation “inasmuch as it contains a loophole preventing administrative responsibility from being taken for drunk driving in the event that, according to the results of a medical examination for drunkenness, the driver’s body contains substances contained in drugs not related to ethyl alcohol, narcotics and psychotropic substances, but which can impair his attention and responsiveness, which, when he tries supplementing it creates a risk of ambiguous interpretation and contradictory application of this note in proceedings concerning administrative offenses in the road traffic region”.
- Ordered the State Duma of the Russian Federation to take immediate measures to close the identified legal loophole.
- The driving of a vehicle by a person who has consumed drugs which do not contain ethyl alcohol, narcotics and psychotropic substances cannot, until the necessary amendments are made to the legislation, give rise to liability under Article 12.8 and Article 12.27, third member. of the Code of Administrative Offenses of the Russian Federation.
What does this mean for drivers?
Until the State Duma makes changes to the Code of Administrative Offenses of the Russian Federation, only those drivers who have a higher level of ethyl alcohol content, the presence of narcotic drugs or psychotropic substances can be attracted under the article “drunk”. If it turns out that the driver has “other substances that cause drunkenness”, then it is still impossible to accuse him of “drunkenness”.
The driver from this story has already been released and his driver’s license has been returned, but the sediment has remained. And it is quite clear that the deprivation of rights for the use of certain drugs by the driver is only a matter of time.
- The most ridiculous reasons for being left without a permit are listed here.
- “Behind the wheel” can now be read in Telegram.
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