Article 264 part 1 of the Criminal Code of the Russian Federation - what is the penalty for driving while drunk?

Responsibility for violating traffic rules is provided mainly by the Code of Administrative Offences, but the Criminal Code also provides for responsibility for crimes against traffic safety, according to which responsibility for the committed act and punishment is much higher and more severe.

Here it is important to understand the need to distinguish between the concepts of “offence” and “crime”. A lawyer for traffic violations or a criminal lawyer will help you understand the intricacies of the differences between these concepts, who will help you understand the specifics of your situation and minimize the degree of your liability.

Criminal liability for road accidents

Article 264 of the Criminal Code of the Russian Federation provides for criminal liability for road accidents. This crime includes six parts:

• Part 1 of Article 264 – liability for causing grievous harm to health – imprisonment for up to 2 years;
• Part 2 of Article 264 – liability for causing grievous bodily harm committed by a person while intoxicated (clause “a”), accompanied by leaving the place of commission (clause “b”) – imprisonment from 3 to 7 years;
• Part 3 of Article 264 – liability for causing death – imprisonment for up to 5 years;
• Part 4 of Article 264 - liability for causing death if an accident is committed by a person in a state of intoxication (clause “a”), involving leaving the place of commission (clause “b”) - imprisonment from 5 to 12 years;
• Part 5 of Article 264 – liability for the death of two or more persons – imprisonment for up to 7 years;
• Part 6 of Article 264 – liability for the death of two or more persons, if the accident is committed by a person in a state of intoxication (clause “a”), involving leaving the place of commission (clause “b”) – imprisonment from 8 to 15 years .

Gravity of crimes

According to Article 15 of the Criminal Code of the Russian Federation, categories of crimes are established depending on the amount of punishment:

Minor gravity – intentional and careless acts punishable by up to 3 years in prison;

Moderate gravity - intentional acts with a punishment of up to 5 years of imprisonment, careless - up to 10 years of imprisonment;

Serious - intentional crimes - up to 10 years of imprisonment, reckless - up to 15 years of imprisonment;

Particularly serious - intentional crimes - over 10 years of imprisonment.
A form of guilt.
Reckless and intentional crime Article 264 is a careless crime, that is, a crime that is not at all on purpose, but as a result of a person’s gross negligence. There are intentional crimes that a person commits purposefully, that is, he realizes that he is committing a crime and wants to commit it. The form of guilt “negligence” or “intention” depends on what crime a person will be accused of committing. It is especially important for a fatal accident lawyer to determine the correct form of fault.

The difference between a fatal accident and a murder

The form of guilt “carelessness” or “intention” allows us to distinguish between crimes that are very similar in consequences, but fundamentally different in essence. This is clearly visible when comparing Part 3 of Article 264 of the Criminal Code of the Russian Federation (careless causing of death as a result of an accident) and Part 1 of Article 105 of the Criminal Code of the Russian Federation (intentional murder). The consequences of these crimes are identical - in both cases a person dies. It would seem that the guilty should be punished equally. However, this is not so - obviously a person who did not want to commit a crime and did not plan it deserves less punishment than the one who deliberately took the life of a person. This fundamental difference is visible in the punishment for the act:

Part 3 of Article 264 – imprisonment for up to 5 years

Part 1 of Article 105 – imprisonment from 6 to 15 years

Why is a fatal accident not considered murder?

Let's compare two situations.

Situation No. 1 – an inexperienced driver is driving slowly and is afraid to overtake the car in front. The passenger makes fun of the driver’s inept actions and urges him to overtake. The driver overtakes, drives into the oncoming lane, and collides head-on with another car. The driver of the oncoming car dies.

Situation No. 2 - a drunk driver drives into the oncoming lane, where he collides with another car. The driver of the oncoming car dies.

Both situations are manifestations of gross negligence by drivers. The only difference is the cause of negligence. In the first case, the driver succumbed to the ridicule of the passenger and therefore violated the traffic rules, and in the second, he succumbed to the temptation of drinking and also violated the traffic rules. In both cases, the cause of the accident remains gross negligence - both drivers did not want to take a life, but caused death.

Of course, intoxication is a factor that seriously increases the social danger of a driver, and this is taken into account in the law. If in situation No. 1 the penalty is up to 5 years of imprisonment, then in situation No. 2 - for a drunken fatal accident the liability is already from 5 to 12 years of imprisonment. But, despite this difference, in situation No. 2, the drunk driver’s actions still involve “negligence,” which means he did not commit intentional murder.

Commentary to Art. 264 of the Criminal Code of the Russian Federation

The main object of the crime is the safety of traffic and operation of vehicles, the additional object is human life and health.

In accordance with Art. 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, road safety is the state of this process, reflecting the degree of protection of its participants from road accidents and their consequences.

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NW RF. 1995. N 50. Art. 4873.

The subject of the crime is motor vehicles, i.e. car, tram, trolleybus, tractor, motorcycle, other self-propelled machines and motor vehicles. It is impossible to offer an exhaustive list of them. Motorized vehicles include any vehicle, other than a moped, driven by an engine. The term also applies to any tractors and self-propelled machines.

“A moped is a two- or three-wheeled vehicle driven by an engine with a displacement of not more than 50 cc. cm and having a maximum design speed of no more than 50 km/h. Bicycles with a suspended engine, mokicks and other vehicles with similar characteristics are considered mopeds.” Persons who drove the specified vehicles and committed a violation of traffic safety rules or the operation of vehicles, which through negligence resulted in the infliction of serious harm to health or the death of a person, if there are grounds for this, are liable, respectively, under Part 1, Part 2 or 3 of Art. 268 of the Criminal Code of the Russian Federation.

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See: clause 1.2 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On traffic rules” // SAPP RF. 1993. N 47. Art. 4531.

The law includes trolleybuses, as well as tractors and other self-propelled vehicles, motorcycles and other mechanical vehicles (note to Article 264 of the Criminal Code of the Russian Federation) as other mechanical vehicles.

Self-propelled machines differ only in the presence of additional (non-transport) functions, for example a tractor, excavator, dump truck, forklift.

Military and special vehicles of the Ministry of Defense of the Russian Federation and other military formations are not the subject of the crime under consideration. In this case, Art. 350 of the Criminal Code of the Russian Federation.

The public danger of a person driving a car, tram or other mechanical vehicle violating traffic rules or operating vehicles is disruption of the normal operation of transport, causing harm to other objects protected by criminal law (life, health, property). The level of transport crimes in the structure of all crime is very high.

The objective side of the crime consists of:

1) violation of traffic rules or operation of vehicles specified in the article;

2) negligent infliction of grievous harm to human health (part 1) or negligent infliction of grievous harm to human health by a person in a state of intoxication (part 2);

3) negligent infliction of death on a person (Part 3) or negligent infliction of death on a person by a person in a state of intoxication (Part 4);

4) causing death by negligence to two or more persons (part 5) or causing death by negligence to two or more persons by a person in a state of intoxication (part 6);

5) a causal relationship between violation of the rules and the onset of socially dangerous consequences.

The disposition of the article under consideration is blanket. In this regard, to determine the objective side of the crime, it is necessary to first of all refer to the Traffic Rules of the Russian Federation and the rules for operating vehicles.

Traffic rules and the Basic provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety are regulated by Decree of the Government of the Russian Federation of October 23, 1993 N 1090. In addition to these regulatory legal acts, there are also various kinds of instructions, manuals and other documents on the operation of certain types of transport (transportation of passengers, cargo, etc.).

Road traffic is a set of social relations that arise in the process of moving people and goods with or without vehicles within the boundaries of roads. A road is a strip of land or a surface of an artificial structure that is equipped or adapted and used for the movement of vehicles. The road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing strips, if any. However, the above does not mean that the possibility of violating traffic rules is limited only to the specified places. Driving off the roads and violating the rules outside them can also be regarded as a violation of the rules of the road and the operation of vehicles. For example, if a person drives a car into the territory of a park and recklessly hits a pedestrian, his actions should be qualified under Art. 264 of the Criminal Code of the Russian Federation.

From the standpoint of the objective side of the crime, an act can be committed both through action and through inaction (for example, a person drives into oncoming traffic to overtake, does not stop traffic, despite the prohibiting traffic light signal).

Operation of vehicles is prohibited if there is a malfunction of the working brake system, steering, coupling device (as part of a road train), unlit (missing) headlights and tail lights in the dark or in conditions of insufficient visibility, the windshield wiper is inoperative on the driver's side during rain or snowfall . Violation of the operation of vehicles may also consist of another action or inaction, for example, violation of the rules for the transportation of goods, or violation of the rules for the technical operation of vehicles.

If a traffic accident occurred due to excessive speed of the vehicle, one should proceed from the requirements of clause 10.1 of the Rules, according to which the driver must drive it at a speed not exceeding the established limit, taking into account the traffic intensity, features and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel.

Based on this, if a traffic hazard arises that the driver is able to detect, he must take measures to reduce the speed until the vehicle stops. Criminal liability under Art. 264 of the Criminal Code of the Russian Federation occurs if the driver had the technical ability to avoid a traffic accident and a causal relationship has been established between his actions and the consequences that occurred.

When deciding on the technical feasibility of preventing a traffic accident, the moment when a danger to traffic arises is determined in each specific case, taking into account the road situation preceding the traffic accident. A traffic hazard should be considered to have arisen at the moment when the driver had an objective opportunity to detect it.

When deciding whether the driver has or does not have the technical ability to prevent a traffic accident in conditions of darkness or insufficient visibility, one should proceed from the fact that the driver, in accordance with clause 10.1 of the Rules, must choose a speed that provides him with the ability to constantly control the movement vehicle to comply with the requirements of the Rules.

The onset of the socially dangerous consequences specified in the article under consideration and the causal relationship between the act and the consequences are characterized similarly to the previous composition (Article 263 of the Criminal Code of the Russian Federation). However, it should be noted once again that the causal relationship must be direct and immediate. Therefore, for example, if the driver of a truck started moving without checking the condition of the body where the passenger was hiding, and the latter jumped out of the body while driving, falling under a nearby vehicle, the actions of the truck driver do not constitute a crime under Art. 264 of the Criminal Code of the Russian Federation, since there is no direct causal connection between his inaction and the resulting consequences in the form of the death of a passenger.

In cases where violations of traffic rules were committed by two or more road users, what they did entails criminal liability under Art. 264 of the Criminal Code of the Russian Federation, if their actions in driving a vehicle were in a causal connection with the ensuing consequences specified in the said article of the Criminal Code of the Russian Federation.

Actions of the driver of the vehicle that resulted in those specified in Art. 264 of the Criminal Code of the Russian Federation, consequences not as a result of violation of traffic rules or operation of vehicles, but during loading or unloading, repair of vehicles, construction, road, agricultural and other work, as well as as a result of driving a vehicle off the road, must be qualified depending on from the consequences that have occurred and the form of guilt under the relevant articles of the Criminal Code of the Russian Federation, which provide for liability for crimes against the person or for violation of rules during the production of work.

In cases where two or more people were injured as a result of a traffic accident, the actions of the person who violated the traffic rules while driving a vehicle are subject to qualification under that part of Art. 264 of the Criminal Code of the Russian Federation, which provides for stricter liability for grave consequences caused by negligence, since in accordance with Part 2 of Art. 17 of the Criminal Code of the Russian Federation, only those actions (inactions) in relation to which the signs of crimes are provided for by two or more articles of the Criminal Code of the Russian Federation are recognized as a set of crimes.

If, due to a violation of traffic rules or the operation of a vehicle due to negligence, serious harm to the health of several persons was simultaneously caused, the guilty person bears criminal liability under Part 1 of Art. 264 of the Criminal Code of the Russian Federation.

The actions of the driver of a vehicle who placed the victim as a result of a traffic accident in a condition dangerous to life or health and, in violation of the requirements of the Rules (clause 2.5), did not provide him with the necessary assistance, if he had the opportunity to do so, are subject to qualification under Art. 125 of the Criminal Code of the Russian Federation.

Knowingly leaving without help a person in a condition dangerous to life or health should be understood as cases where the driver of the vehicle was aware of the danger to the life or health of the victim, who was deprived of the opportunity to independently seek medical help due to his infancy, old age, illness or helpless condition. (for example, in cases where the driver fled the scene of the accident, did not call an ambulance, did not deliver the victim to the nearest medical facility, etc.).

The subjective side of the crime is characterized by the presence of a careless form of guilt. Most often there is criminal negligence.

If a person, due to the circumstances of the case, could not realize the social danger of his actions (inaction) or did not foresee the possibility of socially dangerous consequences occurring and, due to the circumstances of the case, should not or could not have foreseen them, then the act should be considered innocent. Thus, in the case of F., it was established that he violated the Traffic Rules, which resulted in the overturning of the combine and the negligent death of Mr. Zh., who jumped onto the step of the combine. The actions of the culprit were qualified under Part 2 of Art. 264 of the Criminal Code of the Russian Federation. Meanwhile, in the case it was established that the design of the combine with tinted windows of its cab was such that F. did not have the opportunity to see Zh who had jumped onto the running board of the combine from the cab. Therefore, he could not realize that as a result of his violations of the Traffic Rules, Zh could suffer ., and his actions lack the corpus delicti provided for in Part 2 of Art. 264 of the Criminal Code of the Russian Federation.

Due to the incorrect application of the criminal law, the sentence was overturned, and the case was dismissed due to the lack of corpus delicti in F.’s actions.

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Resolution of the Presidium of the Lipetsk Regional Court of March 22, 2002 // Bulletin of the Supreme Court of the Russian Federation. 2003. N 4.

The motive for committing a crime does not matter in deciding whether there is a crime.

In cases where the person driving the vehicle intentionally used it to cause harm to the health of the victim, the act entails criminal liability under the articles of the Special Part of the Criminal Code of the Russian Federation on crimes against the person.

Parts 2, 4, 6 of the commented article establish increased criminal liability for committing the crime in question. The state of intoxication does not affect the subjective side of the crime, but it does lead to the possibility of a distorted perception of the traffic situation, a decrease in the driver’s reaction speed, the emergence of a feeling of self-confidence, as well as other factors that increase the likelihood of committing a criminal act.

The subject of the crime is special. The subject of a crime under Art. 264 of the Criminal Code of the Russian Federation, is a person who has reached the age of 16 and has driven a car, tram or other mechanical vehicle intended for transporting people, goods or equipment installed on it on roads (clause 1.2 of the Road Traffic Rules of the Russian Federation, hereinafter referred to as the Rules) . They are recognized not only as a driver who has passed the exam for the right to drive the specified type of vehicle and received the appropriate certificate, but also any other person who has driven the vehicle, including a person from whom the specified document was confiscated in accordance with the procedure established by law for a previous violation of paragraphs Rules, a person who does not have or has been deprived of the right to drive the relevant type of vehicle, as well as a person teaching driving on a training vehicle with dual controls.

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See: paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 N 25 “On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful taking without the purpose of theft” / / RG. 2008. 26 Dec.

In the latter case, the instructor is responsible for violation of the relevant rules by the student. The exception is cases of violation by the trainee of the instructor’s instructions, for which the trainee is responsible independently.

As follows from the text of the law, the subject of the crime under Art. 264 of the Criminal Code of the Russian Federation, there can only be a person driving a vehicle. If a person does not control such a device, in case of causing harm, his actions should be qualified under other articles of the Criminal Code of the Russian Federation. So, if a person, being a passenger, turns on the ignition of a car that has been set to speed, and the car, once in motion, hits a person, resulting in death, the actions of the perpetrator must be qualified under Art. 109 of the Criminal Code of the Russian Federation, since he is not the subject of the crime in question.

A qualified type of crime is a violation of traffic rules and the operation of transport, resulting in the following:

- death of a person due to negligence (Part 2 of Article 264 of the Criminal Code of the Russian Federation);

- death of two or more persons due to negligence (Part 3 of Article 264 of the Criminal Code of the Russian Federation).

If a violation of traffic rules by vehicle drivers negligently resulted in the infliction of grievous harm to the health of one person and the death of another, then the act must be qualified under Part 2 of Art. 264 of the Criminal Code of the Russian Federation and additional qualifications under Part 1 of this article are not required.

In what cases might you need a criminal lawyer for a car accident?

An objective investigation of each traffic accident situation is the key to correctly assessing the driver’s actions. A criminal lawyer must seek the investigation and court to study objective data. This need is dictated by the specifics of the cases under consideration. If a person needs a car accident lawyer and he is trying to find and hire a car accident lawyer, then he should pay attention to the fact that a good car accident lawyer should understand the cause-and-effect relationship and not confuse cause and effect. The correct qualifications and even the fate of a person depend on this!

Cause-and-effect relationship with the consequences of the accident

A car is a source of increased danger and is not subject to complete human control. A malfunction in the vehicle may lead to an accident. In such cases, the question arises - what caused the accident was the actions of the driver, the malfunction of the car, and possibly other external factors? To correctly assess the situation, it is necessary to establish a cause-and-effect relationship between the driver’s actions and the incident. The cause-and-effect relationship must be direct and inevitably lead to consequences. “Cause” and “conditions contributing to the accident” should not be confused. “Cause” and “condition” are easily confused and this can be seen from the following situation.

Ivanov ran into Petrov, which killed the latter. Who is guilty? The correct answer is Ivanov, because he ran into Petrov. The wrong answer is that Ivanov’s mother is to blame, because if she had not given birth to Ivanov, he would not have run into Petrov. Ivanov is the “cause” of the crime, and Ivanov’s mother is the “condition” that contributed to the crime. The example is rough, but the logic is clear.

In life, it happens that an accident occurs due to brake failure, a jammed steering wheel, a driver’s heart attack, or the actions of other road users - a pedestrian suddenly ran across the road and the driver, avoiding a collision, drove into the oncoming lane and caused an accident. All these circumstances must be clarified in order to decide whether the driver is guilty or not.

Help from a lawyer in case of an accident

A criminal lawyer in an accident, regardless of whether he represents the injured party or the accused, must ensure that law enforcement agencies take all necessary actions. These actions include:

— inspection of the scene of the accident is the most important investigative action, during which the situation at the scene of the traffic accident is recorded and material evidence is seized. The accident scene inspection protocol will subsequently become one of the main and very important sources of information that will be used when conducting an auto-technical examination. An accident lawyer has the right to participate in the inspection and should take part in it if possible.

— the conclusion of an auto-technical examination is one of the main sources of evidence for the prosecution. The examination determines the speed of the vehicle, its braking distance, and determines whether the driver had the technical ability to avoid a collision. Expert opinions are the basis of the prosecution. A lawyer for an accident with a victim has the right to participate in the examination and can participate in it.

- interrogation of participants in the accident and eyewitnesses - the testimony of people is extremely important in assessing the situation and can provide information that inspection of the scene and examination cannot record. For example, participants and witnesses may have seen the driver being cut off by another vehicle before the collision, causing the accident. Also, eyewitnesses can see how participants in a traffic accident destroy traces of the accident or leave the scene of the accident. If you leave the scene of an accident, a lawyer can provide the necessary legal assistance.

- forensic medical examination of the corpse - establishes the cause of death of the participant in the accident. There are cases when at the time of the collision a person was already dead or died not from injuries received not as a result of a traffic accident, but from poisoning with drugs that he had previously used. Criminal liability for a fatal accident can only occur if the death is causally related to the traffic accident. A fatal accident lawyer can evaluate the expert's opinion and object to it, if necessary.

- a forensic medical examination of the suspect will allow us to determine whether he was intoxicated. It depends on whether he will be prosecuted for a drunken accident or for an ordinary one. The services of an accident lawyer will help you correctly evaluate the expert’s opinion and use it correctly when working as an accident lawyer in court.

The most common and most important evidence is presented. In practice there are much more of them.

Public response

In addition to the immediate circumstances of the incident, the investigation of the case is influenced by public outcry, which, as a rule, arises if there are famous personalities among the participants in the accident, or the incident was particularly serious in its consequences, or very daring, or there is a combination of all factors. Public outcry is bad because it affects the investigation and the trial. Investigators and judges are also people and road users. They may succumb to public outcry and be biased in the investigation and consideration of the case. Moreover, bias can work both on the side of the victims and on the side of the accused.

Both options are bad because they can lead to misclassification, overly lenient or overly harsh punishment, and even the conviction of an innocent person. It is not always possible to avoid public outcry, but it is possible to minimize its consequences by using the right defense tactics. After an accident, a lawyer, in agreement with the client, can correctly present information to the media and thereby change public opinion. Such cases become especially significant when a lawyer in an accident has to work with the deceased - such cases cause a great public outcry. In such cases, the help of a lawyer under Article 264 is extremely important.

Punishment of the driver in the event of an accident with serious consequences

A serious accident - a collision with a pedestrian - entails double liability: administrative and criminal. The method of punishment will be determined based on where the violation occurred.

There are two outcomes of events:

1. The accident occurred at a pedestrian crossing.
2. The accident occurred outside the zebra crossing zone.

The driver is always automatically at fault if the collision occurred at a pedestrian crossing, regulated or unregulated (according to traffic regulations, the motorist must make sure that there are no pedestrians and only then cross the zebra crossing).

If the car owner was drunk, aggravating circumstances apply and he is guilty of two counts:

• hitting a pedestrian;
• driving a vehicle while intoxicated.

As for the second case, when the accident occurred outside the zebra crossing, the driver in this case will not be punished. But if he was drunk, the situation gets worse, and the motorist faces deprivation of his license, and the pedestrian faces a fine for jaywalking.

According to traffic police statistics, many pedestrians themselves are to blame for such accidents, because they cross the road in the wrong place, thereby provoking an emergency situation. In this case, the law is on the driver’s side, and he will not be punished.

Let's consider the main situations in an accident with victims.

1. If the pedestrian was not injured in the collision, the car owner will face punishment for driving while intoxicated.
2. If a pedestrian receives minor bodily injuries, the driver will be fined from 2,500 to 5,000 rubles or deprived of his license for a period of one to one and a half years. If the driver was drunk, he will lose his license for a longer period (up to three years). If a pedestrian inflicts moderate injuries, the fine for the motorist increases to 20,000 rubles, in addition to this - a fine for driving a vehicle while intoxicated, deprivation of rights for two years. In case of repeated violation, the driver will lose his license for three years.
3. The pedestrian was seriously injured - a drunk driver faces criminal liability in the form of imprisonment and driving license for three years, or forced labor for up to two years.
4. The result of the accident is the death of the pedestrian. In the case of one victim, the motorist will be imprisoned for seven years, with two or more – for nine years, or correctional labor will be imposed for five years.

Important! In addition to the penalties discussed, our country has introduced an additional judicial penalty - payment of compensation to the relatives of the victim in an accident (in the event of a fatality of the victim) or directly to the pedestrian.

A drunk driver cannot escape punishment even if the pedestrian’s guilt is proven.

Strategies for defending a lawyer in an accident

The defense attorney often has to represent the interests of the accused, since the interests of the victims are, in fact, represented by the investigator and the state prosecutor. Therefore, the defense will be considered from the point of view of the accused. The accused is more difficult to defend compared to the victim. If a lawyer knows how to protect the accused under Article 264 1 of the Criminal Code, then he can also protect the victim. What is the protection procedure? It all starts with consulting a car accident lawyer. The cost of a lawyer's services for an accident in Yekaterinburg, Chelyabinsk, Moscow, St. Petersburg and other cities may vary significantly. Having decided on a lawyer, you need to choose a defense option. Everything here is also individual, but three main defense strategies can be distinguished.

Guilt plea strategy

By admitting guilt, repenting of what you have done, and compensating the injured party, it is possible to achieve a minimum punishment. In cases of road accidents of minor and moderate severity (up to 3 and up to 5 years of imprisonment, respectively), it is even possible to dismiss the case due to the reconciliation of the parties. Often, people who have committed obvious crimes resort to admitting guilt.

Partially guilty plea strategy

They admit partial guilt when they disagree with some part of the accusation. For example, they think that qualifications are overestimated. In such cases, the defender must prove the correct qualifications, present his evidence and arguments to the investigation and the court.

Strategy of denial of guilt

Usually people deny guilt who believe that they did not commit a crime. Such cases occur when the victim is to blame for the incident, and the investigator mistakenly brought charges against another participant in the accident. Sometimes people deny guilt because they do not remember the circumstances of the traffic accident (lost consciousness), and there are no eyewitnesses to the accident. In any case, the accused deny guilt when, in their opinion, there is no objective evidence of their guilt.

No one strategist is better than another. A lawyer under Article 264 must act like a doctor - apply the treatment that will help. The choice of legal treatment depends on the circumstances of the case and the opinion of the accused. The task of a lawyer under Article 264 1 of the Criminal Code is to help choose the optimal method of defense and not cause harm.

Checking the driver for alcohol intoxication

Having stopped a drunk driver, the traffic police inspector must perform two main actions:

1. To remove the driver from driving the vehicle:
   Having discovered obvious signs of alcohol intoxication in the driver (smell of alcohol, inappropriate behavior, incoherent speech), the traffic police officer is authorized to remove him from driving.
2. To carry out a removal, the presence of two witnesses is required.

Important! Currently, in the absence of witnesses, evidence may be a video recording made by a traffic police officer.

1. Carry out an alcohol intoxication test:
   The above signs are sufficient as grounds for examination.
2. The traffic police officer is obliged to inform the car owner about his actions and demonstrate the serviceability of the device (breathalyzer).
3. Possible instrument errors should be taken into account.
4. The results of the examination must be included in a report signed by the traffic police officer, the driver and attesting witnesses.

If the driver does not agree with the results of the inspection by the traffic police inspector, he can undergo an independent medical examination, which should be indicated in the report.

Driver stop

Many motorists are interested in what basic legal actions are used by a traffic police officer who stops a driver, suspecting him of being drunk.

Let's look at it in detail:

1. Having stopped the driver, the traffic police officer must make sure that he has the previously discussed symptoms of intoxication, remove him from driving the vehicle, and draw up a report.
2. After this, a breathalyzer examination procedure is carried out.
3. Having verified that the owner of the car has a high dose of alcohol, the traffic police officer must draw up an inspection report, a copy of which he gives to the detainee.
4. Having received his copy of the report, the driver must go to the medical laboratory and there receive another copy, with the laboratory results.

If the excess dose of alcohol is not confirmed in a medical institution, the driver has the right to file a complaint with the prosecutor’s office about the unlawful actions of a traffic police officer and to recover damages for moral damage in court.

Medical examination

A traffic police inspector, having stopped a car with a drunk driver, must, according to all the rules, carry out an examination on the spot, and then send the detainee to a medical laboratory to confirm the result.

This happens according to the following rules:

1. The driver is sent only in the presence of two witnesses.
2. It is necessary to send a motorist for a medical examination only if the report is correctly drawn up and signed.
3. It is mandatory that traffic police officers accompany the driver to the laboratory.

If a medical examination does not confirm the presence of alcohol in the blood of the detainee, traffic police inspectors are obliged to deliver the driver to his car.

Medical examination is carried out in accordance with the standards established by the Ministry of Health, in an institution that has a special license:

• an initial examination is carried out by a specialist;
• the concentration of exhaled vapor is measured for the ethanol content in it;
• The content of compounds of narcotic and alcoholic substances in urine and blood is determined.

At the end of the procedures, the specialist makes a conclusion about the content or absence of prohibited substances in the driver’s body.

Assignment of punishment and its execution

Every day, information appears in the media about new victims involving drunk drivers. Of course, when driving while drunk, the driver knows about the possible consequences and subsequent punishment. But, apparently, the level of responsibility is too low, because according to annual statistics, the number of accidents caused by drunk drivers is not decreasing.

In this regard, the highest authorities began to pay close attention to arbitrariness on the roads by tightening penalties for the perpetrators. Thus, compared to 2015, the fine for drunk driving has increased tenfold, and not so long ago criminal liability was added to them.

Perhaps this is the only way the authorities will be able to reach out to careless drivers, because the amount of the fine has increased to the size of the cost of an average car.

Prices for the services of a lawyer for road accident Article 264 in Yekaterinburg

Attention! The final cost of a lawyer’s legal services under Article 264 is determined individually, depending on the amount of work and complexity of the case. The information provided on the site is not a public offer.

Law practice in cases of road accidents

The driver is not guilty if he hits a pedestrian who violated traffic rules - Article 264 of the Criminal Code of the Russian Federation

The driver, a young man of 25 years old, let's call him Andrey, married and with a one-year-old child, consulted lawyer Vyacheslav Astafiev. According to the guy, he was driving a car in Yekaterinburg in the evening and killed a pedestrian who, unexpectedly for him, found himself on the roadway.

Mediation helped to end the case of an accident and compensate the victim for harm - Article 264 of the Criminal Code of the Russian Federation

No one is immune from criminal cases of personal injury as a result of an accident. Often, ordinary people who, by the will of fate, find themselves in the dock are brought to criminal liability. Victims also suffer; they can lose their health, work, hobbies, and active life overnight. In such cases, mediation can help.