2023-05-19 06:02:43
Drivers have come up with a new way to avoid checking for alcohol and drugs when stopped by a traffic police inspector. They carry other people’s tests with them. What threatens for the issuance of foreign biomaterials for their own, experts explained
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Photo: Kirill Braga / RIA Novosti
To evade responsibility for drunk driving or driving under the influence of drugs, motorists began to use false tests. As the interviewed traffic police inspectors told Autonews.ru, many of them have already encountered such illegal tricks – some drivers even buy such packaged analyzes online: biomaterials, in other words, urine, are brought to them packaged in small packages of several servings.
We tell you what threatens you for trying to slip other people’s tests on inspectors, what the Supreme Court says regarding this, and whether there is a chance to lose your rights, if you refuse to fill the jar at all.
Urine and heating pad for 3 thousand rubles.
If the traffic police inspector has doubts regarding the sobriety of the driver, the first thing he will be offered is to “blow into the tube”. But according to the Code of Administrative Offenses, a motorist can refuse and immediately demand to take him to a medical facility. Those who abuse alcohol or illegal substances while driving carry urine kits with them to replace their own if necessary. Offers to buy urine, including artificial, might be found on some online trading sites before. However, now this product has been improved – it is sold together with heating pads, so that when “passing” the analysis, medical staff and traffic police inspectors have less doubt that the biomaterial without traces of drugs or alcohol is real.
How traffic police inspectors can control the delivery of tests
As Valentin Ilyinov, head of the Overheard at DPS professional community, said in an interview with Autonews.ru, traffic police inspectors are not responsible for controlling the process of delivering biomaterial by drivers, but police officers often have to monitor the work of doctors. To recognize the deception, the inspectors have their own tricks – from checking the temperature to the requirement to take the analysis once more.
“Medical examination is carried out by medical staff. According to the rules, the inspector should simply bring a motorist to them, fill out the documents and wait for the result. But in fact, you have to participate in the process,” Ilyinov said. – The fact is that in medical institutions they do not always pass such checks responsibly. So, following passing urine, employees must at least check it for four parameters. Including measure the temperature to make sure that it was not handed over from the package. And check the pH – the acidity of the material. But these measurements do not always and not everywhere. Or even make mistakes in the documents. As a result, we have a large number of decisions on drunkenness in the courts precisely because of incorrectly completed documents.
Ilyinov gave such an example. Sometimes drivers say that they can’t fill a jar in any way. That is, they do not refuse the analysis, but they cannot pass it. According to the procedure prescribed by law, the medical officer must then offer the detainee to donate blood. Instead, the medical institution draws up refusal documents. In courts, because of such mistakes, drivers suspected of drunk driving are acquitted.
The inspector explained this state of affairs by the fact that in medical institutions, in general, they are not so interested in the further fate of a driver suspected of drunkenness, while inspectors sometimes have to spend an entire shift searching for and registering them.
“Sometimes the inspectors themselves ask the medical staff to take the temperature, but they have nothing to do. If we are talking regarding small towns. Abusive drivers are well aware of this and take advantage of such gaps. According to the rules, the material must be checked and, if there are signs of falsification, immediately draw up a report on the falsification of biological material – for the inspector, this is the basis for issuing a protocol on deprivation of rights under Art. 12.26 for refusing a medical examination, ”the expert said.
In turn, lawyer Dmitry Dugin told Autonews.ru that the police have no right to oblige the driver to fill the jar in front of the inspectors.
“Behind the toilet door, an inspector of the same gender as the driver can only stand and control the issuance of a jar. If the driver refuses to take re-tests and refuses to donate blood, the inspectors have every right to draw up a protocol on deprivation of rights for such a driver, ”the lawyer said.
What the courts say regarding fake driver tests
Drivers caught in false analyzes sometimes try to cancel decisions under Art. 12.26 for deprivation of rights for refusal of medical examination. However, to no avail.
Photo: Zamir Usmanov / Global Look Press
One of such cases was the case of motorist Bukholov. As follows from the recently published decision of the Supreme Court, on February 26, 2022, in Khakassia, this driver, driving a Toyota Corolla, was detained by inspectors with signs of intoxication. The driver was asked to be tested for alcohol intoxication. According to its results, the breathalyzer did not confirm intoxication (the concentration of absolute ethyl alcohol in the exhaled air was 0.000 mg/l). However, the inspectors decided to send the driver for a medical examination for intoxication – this is provided for by law if the signs are too obvious.
The driver agreed to take the test. However, as it turned out during testing, he passed false urine to the doctors. For this reason, the traffic police inspectors drew up a report on him for refusing a medical examination, and the court deprived the motorist of his rights. The motorist decided to challenge the decision and went to the Supreme Court, where he stated that he did not refuse to undergo a medical examination for intoxication, but handed over the biological material.
“It follows from the materials of the case that when collecting a biological object, Bukholov poured an unknown sample of a yellow liquid from a bottle he brought with him into a container for collecting a biological object. The driver refused the request of traffic police officials and a medical institution to provide a new sample of a biological object, ”the decision of the Supreme Court says.
According to the document, an attempt to hand over false biomaterials is regarded as a refusal to undergo a medical examination for intoxication. The driver is liable for this under part 1 of article 12.26 of the Code of Administrative Offenses – a fine of 30 thousand rubles. and deprivation of rights up to two years.
Bukholov was eventually left without a license for two years.
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