The court closed a drunk driving case under Art. 130: a driver cannot be prosecuted twice for the same offense. Attorney Vitalii Petryk

Essence of the case:

A driver, whose name is not disclosed, was stopped for driving while intoxicated. A protocol was drawn up under Part 1 of Art. 130.

Attorney Vitalii Petryk, experienced in administrative offense cases, took on the driver’s defense.

Attorney Vitalii Petryk studied the case materials and established the following:

• On 07.07.2023 the driver had already been stopped for drunk driving and a protocol under Part 1 of Art. 130 had been drawn up.
• On 17.08.2023 the Holosiivskyi District Court of Kyiv found the driver guilty of drunk driving on 07.07.2023 at 23:20 and imposed a fine of UAH 17,000 with deprivation of the driving license for 1 year.
• That resolution had entered into force and been executed.

On this basis attorney Vitalii Petryk:

• Argued that the driver had already been held liable for this episode, so repeated punishment is unlawful (Art. 61 of the Constitution of Ukraine).
• Provided the court with supporting evidence, including a copy of the Holosiivskyi District Court resolution.
• Proved that the police had failed to fulfill their duties under Art. 266 of the Code by not removing the driver from driving after the first protocol.

The court, weighing all the circumstances, ruled:

• To close the proceedings under Part 1 of Art. 130.
• Not to impose a fine or deprive the driver of the driving license.

Result:

Thanks to the skillful defense of attorney Vitalii Petryk, the driver was released from liability.

This case demonstrates the importance of qualified legal assistance in administrative offense cases.

Important!

This article is published for information purposes and is not legal advice.

Contact an attorney for qualified legal assistance in your specific case.