Refusal of medical examination: how to return the rights? What threatens with refusal of medical examination?

In accordance with the Rules of the Road, a driver of a motor vehicle must undergo a survey for intoxication. Is refusal of medical examination legal? How to return the rights if the driver refused the procedure? Consider these issues.

General concepts

Survey is based on the requirements of the relevant official. What it is?

A certification is the action of a police officer whose purpose is to establish the fact of a state of intoxication only. It is usually carried out on the road using a special device. Medical Examination - these are the actions carried out by honey. an employee in a special institution. They are aimed at establishing or refuting the fact of alcohol or drug intoxication.

Often there are situations when the driver refuses to undergo a medical examination. This action provides for the imposition of sanctions specified by law. The Code of Administrative Offenses provides for a fine in the form of a fine and deprivation of the right to drive a vehicle. All of these penalties are provided for the refusal of a medical examination. How to return the rights in case of failure to comply with the legal requirements of a police officer? This is the first question that arises for a motorist who refuses to undergo the procedure in question.

Differences between examination and medical examination

It is important not to confuse the concept of examination and medical examination. These are different things.

The legislation does not provide for any legal consequences for the refusal of an examination. But this fact itself is the basis on which a police officer can send a driver to undergo a medical examination for intoxication. The driver can also refuse this procedure. But the law provides for certain sanctions. Also, the examination and medical examination differ in the location of this procedure and the person who carries out this or that procedure.

Grounds for examination

The reasons to assume that the driver of the vehicle is in a state of intoxication can be the following factors:

• speech impairment;
• characteristic odor from the mouth (alcohol);
• discoloration of the skin;
• instability of a pose;
• inappropriate behavior.

Therefore, if a police officer discovers at least one of the signs of intoxication in the driver, the latter will be offered to undergo a survey. This procedure is carried out right on the spot. She is not considered a medical examination. If the driver does not want to undergo the proposed procedure, then the refusal of a medical examination, article 12.26, although it provides, but involves a penalty. Therefore, experts recommend that the driver still not refuse to perform the proposed actions. If the motorist still does not want to go to a special institution for medical examination, the police officer must record the refusal in the protocol.

Location

Surveys conducted by a police officer using special equipment can be carried out in several places.

1. At the place of removal of the driver from driving.
2. If the police officer does not have a means of technical measurement, then the survey is carried out at the nearest traffic police post. Or it is carried out in another ATS room in which this measuring instrument is available.

Protocol Actions

For refusal of medical examination of the Administrative Code of the Russian Federation punishable. These sanctions are based on data specified in the protocol, which must be drawn up by an authorized official. It is recommended that the driver sign this document on referral for a medical examination for the state of intoxication in the column on receipt of a copy. And in the section on passing a medical examination, you do not need to put a signature.

The explanation must indicate: "I am ready to undergo a specialist examination at a medical institution." In the column where comments and explanations are written, it is necessary to write that the traffic rules have not been violated (if this is true). It is also necessary to indicate that the driver does not agree with the wording on the fact of the offense.

Grounds for passing a medical examination

The reasons for referring the driver to a medical examination are several factors.

1. Refusal of the motorist to carry out a survey by a police officer.
2. Disagreement of the driver with the result of the survey conducted by a police officer.
3. The presence by the police officer of the grounds for the assumption that the motorist is intoxicated, although during the procedure on the spot a negative result was obtained.

Referral for a medical examination

How is this provided by law? Referral for a medical examination takes place in the presence of two witnesses. It is also allowed to do this while filming. The driver can go to the institution or pass a medical examination to undergo the procedure in question. What threatens the motorist in this case? How to return rights if you do not want to comply with the requirements of police officers This is regulated by law, which allows the driver to go to court. The law does not provide for other options to return their rights.

Sanctions

The refusal of medical certification of the Administrative Code is regulated by article 12.26, as we have already mentioned. The sanction provides for the imposition of an administrative fine in the amount of thirty thousand rubles and the deprivation of the right to drive vehicles for a period of one and a half to two years. But at the same time, the commentary on the article explains that the requirement to undergo a medical examination of a law enforcement officer must be substantiated and legal.

Administrative liability

The refusal by the driver of a medical examination should be recorded in the protocol by the police officer. Based on this document, the driver can be held administratively liable.

A referral for a medical examination must follow a specific procedure. What does this mean? A protocol on referral for a medical examination should be drawn up if there are two witnesses. In this document, the police officer must indicate the reason that served as the reason for sending the person to undergo the procedure in question.

If in the future the driver, who refused the medical examination, goes to court and provides an examination certificate refuting his being intoxicated, this will not be grounds to believe that the official’s claims were unreasonable or illegal. A significant reason for this is the refusal of a medical examination.

Judicial practice usually takes into account all circumstances when making a decision. For example, the period of time elapsed between the refusal of the survey and the passage of this procedure at the initiative of the driver.Also take into account compliance with the rules for passing a similar procedure, etc.

Things to look for when defending

Some motorists, if they do not agree with the actions of a police officer, go to court. They are trying to prove that their refusal to have a medical examination was justified. How to return the rights? In the process of protecting one’s interests in a judicial proceeding in a case on recognition of a police officer’s behavior as unlawful or his actions unreasonable, it is necessary to take into account important points.

1. It should be determined whether the requirements of law were violated in the collection, recording, fixing and execution of evidence.
2. It is necessary to establish the grounds that served to refer the driver to a medical examination.
3. It is necessary to take into account the observance of a certain order of direction and rules of the procedure under consideration, if the refusal to undergo it was declared to a medical professional.

Usually, when resolving such disputes about the groundlessness and unlawfulness of the actions of a police officer who recorded a refusal to have a medical examination (which threatens the driver with a certain punishment), the information of witnesses and the testimony of the administrative officer, his companion and other persons who may have information on the case. The law also allows for the provision of video recordings, which can be made instead of involving witnesses in the implementation of procedural actions by authorized officials.

Is it possible to return the rights?

The fine and the deprivation of the ability to drive vehicles are a punishment for refusing a medical examination. How to return the rights in this situation? To be honest, this task has little chance of success. Therefore, it is best to seek help from a qualified professional. For the return of rights, or at least mitigation of punishment, it is necessary to correctly place accents. To do this, the following actions are carried out.

1. A search for procedural errors is made, the violations committed in the protocols are identified.
2. Reasonable explanations are prepared for the court.
3. Witnesses can be interviewed, as well as the policeman himself, who drew up the relevant protocols.

A small excuse that the driver expressed a refusal of a medical certificate for alcohol may be a fact urgent need. But this motorist will still have to prove. If the court considers the circumstances of the driver convincing, then perhaps this will mitigate the punishment.

Police tricks

Some unscrupulous police officers use illiteracy drivers. And this for the latter ends with administrative punishment. For example, a survey instrument showed a null result. A police officer tells the driver that in this case there is no need to go to a special institution for a medical examination. But then he suggests that he sign a protocol describing the refusal of a medical examination. The penalty and deprivation of rights for such a motorist become a big surprise, since he did not violate anything.

Another option is when the driver refuses to undergo an on-site examination, but does not express reluctance to proceed to the medical facility. And police officers document this as a refusal. Sometimes they do this in the presence of fake witnesses, which is illegal.

Another option is when police officers, trying to harm the driver, draw up a protocol. It indicates along with the reluctance to sign this document and the refusal of a medical examination, which threatens the driver with an administrative penalty.

Common misconceptions

There are several misconceptions of drivers regarding our issue.

1. Such an action by the driver as a refusal of a medical examination is considered by the Code of Administrative Offenses as a violation of the law. This implies the application of certain sanctions. Drivers in this situation usually do not count on the return of their rights. This is a huge mistake, as many cases are winning and terminate in court. It is important to properly build protection.
2. After refusing a medical examination, some drivers conduct an independent examination. What for? They suggest that if they prove their sobriety, there will be no more reason to apply punishment. In any case, the driver will be held liable for the refusal of a medical examination. For example, for failure to comply with the requirements of the traffic police inspector. An independent examination may be important to protect and refute the original grounds for conducting the procedure in place, but it does not relieve the driver of responsibility.