
It is possible to drive a car drunk if you do not go on the road, in a combination of circumstances, you can. The newspaper "Moscow Komsomolets" writes about the real case, when a driver named Vasily Komarov (the name is fictional), having drunk a bottle of vodka, got behind the wheel and rolled outside the roadway - in the field. Employees of the traffic police caught the violator and took his rights from him. However, having applied to the court, the motorist managed to return his driver's license. As the publication clarifies, events occurred in the city of Koryazhma of the Arkhangelsk region.
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First of all, Vasily Petrovich wrote a complaint to the head of the local and regional traffic police, in which he spoke about the details of the incident. He did not deny the driving car, but indicated that this happened in the field to which the rules of the road did not apply. The driver was refused the return of rights. The administrative case against Vasily Komarov was sent to the magistrate court, which found him guilty of violating paragraph 2.7 of the SDA and deprived of the right to drive a car for a period of one and a half years.
The motorist turned to a higher authority. The federal judge of the Koryazhma court, considering a complaint about the decision of the justice of the peace, agreed with the arguments of the motorist.
The general provisions of the first section of the road traffic rules say that road users include drivers of vehicles that are directly involved in road traffic. The road, as follows from traffic rules, is a strip of land equipped or adapted and used for the movement of vehicles or the surface of an artificial structure. It includes one or more carriageways, tram tracks, sidewalks, and curbs. According to the judge, the drunk Komarov did not drive the car on the road, did not go outside this territory, which means that the road traffic by which the requirements of the road traffic is distributed was not.
The decision of the justice of the peace was canceled, the proceedings on the administrative case were terminated. The rights to the driver were returned.
It should be noted that from August 6, 2010, the Russian Federation has amendments to the Code of Administrative Offenses (Code of Administrative Offenses), which canceled the permissible 0.3 ppm of alcohol in the driver's body. Now even the slightest presence of alcohol in the blood, including Kvass , threatens the motorist with deprivation of rights up to two years.