The Constitutional Court (CC) decided to review the standards of the Code of Administrative Offenses (Article 12.8) regarding the punishment of drunk drivers. The laws do not include threshold concentrations of drugs in the driver’s blood, meaning that even small doses could result in a person being deprived of their driver’s license. This is unfair and unconstitutional, according to representatives of the Salekhard City Court, who sent a request to the Constitutional Court.
And it all started with the case of Vasily Shevelev from Salekhard, who was deprived of his license for taking gabapentin for a year and a half and fined 30,000 rubles. At the same time, gabapentin does not apply to narcotic and potent substances. In addition, the laws do not determine the maximum permitted level of this substance in the blood.
“The judicial practice in this area is following the path of a more comprehensive interpretation of the law and an increase in the number of cases that come under the regulation of art. 12.8, – Kommersant cites the request of the City Court Salekhard. “We view the current situation as unfair and unconstitutional.”
Laws need to be corrected and pitfalls for law-abiding citizens removed, experts and lawyers say.
“The legal practice often only recognizes a driver as drunk on the basis of the use of drugs,” says lawyer Serhiy Radko. – In addition, these can be antidepressants – phenazepam, amitriptyline, donor mil – or even the usual antipyretic or analgesics available over the counter in pharmacies: TeraFlu, Coldact Flu Plus, Fervex, Rinza, AnviMax, Coldrex”.
Now there is a chance that the Constitutional Court will oblige the State Duma to make the necessary changes in the law, and until then prohibit punishing citizens for using drugs while driving.
Source: Z R