The testimony of the breathalyzer test alone is not sufficient to charge the driver with driving under the influence. Especially if the driver did not agree with the results of such an investigation.
The rules for examining a driver for drunkenness are enshrined in several serious regulations at once: a government decree, orders from the Ministry of Internal Affairs and the Ministry of Health. As a rule, the courts only justify drivers on the basis that one of the points of the rules was not observed by the inspector.
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If the traffic police inspector suspects that the driver is intoxicated, the inspector must draw up a protocol for removal from control and conduct an investigation on the spot. And if the result of the measurements of the device does not suit the driver or the inspector, then the police officer is obliged to send the suspect for a medical examination.
If the driver does not agree with the “measurements” on the spot and has not been forwarded for a medical examination, it will not be easy to challenge the protocol in court, the Supreme Court explains, given the controversial case of a of the drivers.
The driver has always indicated that he does not agree with the result of the investigation into alcohol intoxication. The file shows that the will of the person is not reflected in the investigation report in the column “I agree/disagree with the result”, the Supreme Court notes.
According to the Sun, it does not follow from the video that the driver agreed with the result of the investigation into alcohol intoxication.
Therefore, drivers are reminded that they should know not only the rules of the road, but also the code of administrative offenses, as well as the rules for testing for drunkenness.
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Source: Russian newspaper