Thus, driving without a license while intoxicated is a serious administrative violation, which provides for the payment of a large fine as a liability. In particular, the State Duma in the 2nd reading adopted a bill that toughens liability for a repeated violation, which transfers it from a number of administrative to criminal, with all the ensuing consequences. In this article, we will consider what punishment and what penalties for driving without a license while intoxicated are provided for in 2016, perhaps this is what will make you not drive in this situation.
Without a license and drunk driving - punishment
So, we all know that driving without a license and while intoxicated is a serious violation. However, when the car owner allows them at the same time, in this situation he will have to answer to the fullest extent of the law. To begin with, the traffic police officer is required to conduct a medical examination. In the event that you refuse it, it will automatically equate to the fact that you yourself recognized yourself as drunk.
Today, drunk driving without a license is punishable in accordance with part 3 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, which entails an administrative arrest for 10-15 days or the imposition of an administrative fine in the amount of 30 thousand rubles.
Important! Witnesses must be present during the medical examination or a video recording must be made.
Penalty for driving drunk and without a license
Art. 12.8 of the Code of Administrative Offenses of the Russian Federation provides that a car owner who is seen driving drunk is subject to penalties. As noted earlier, the amount of this fine today is 30 thousand rubles. It should be noted that under this article of the Code of Administrative Offenses of the Russian Federation, the punishment for drunk driving without a license is provided not only for those who drive drunk, but also for those who allowed another drunk driver to drive. In this situation, you will also have to pay cash and say goodbye to the rights for a long time.
Important! In the event that the financial situation of the driver does not allow him to pay penalties immediately, the court may defer payments for a period not exceeding 3 months. But you should know that this measure is allowed only in relation to citizens of the Russian Federation. If a foreigner or a stateless person has been fined, delays are not allowed by law.
For those car owners who, in addition to being drunk while driving, committed an offense that led to the death of citizens, the sanctions were also tightened: the death of 1 person - a minimum period of 2 years; if 2 people die, you will have to sit for at least 4 years.
Drunk driving without a license
If the offender got behind the wheel without a license and drunk again, then he will have to answer before the law in accordance with the Criminal Code of the Russian Federation.
In July 2015, a new rule came into force in the criminal law, which involves punishing drivers who have committed a repeated violation related to drunk driving:
- Penalties in the amount of 200-300 thousand rubles;
- Compulsory work up to 480 hours;
- Two years of forced labor;
- Two years in prison.
As you can see, the prospect is completely bleak, so there is only one conclusion - you can’t get behind the wheel of a car while drunk, and even more so drive it without a license.
ATTENTION! In connection with latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge.
It is no secret that on our roads now you can also meet drunk drivers who drive without a license at all. And this represents a double danger for others.
Indeed, to the driver, his inability to drive a car is often added.
It is not difficult to imagine the consequences that this may bring.
In this article:
What are the possible options
We do not discuss now the reasons why a drunk person drove a car without a license. However, the absence of a certificate may be due to several circumstances.
A citizen could forget his driver's license at home or away, in a hurry to get into the car. Then it is desirable to ensure the delivery of the rights to the place where the vehicle stops as soon as possible.
A person got drunk behind the wheel at a time when the previous offense had not yet expired.
Finally, the drunk driver who was driving the car simply did not pass the official driving tests.
Therefore, if driving drunk without a license or deprived is fixed, then the consequences can be interpreted in different ways.
What is the punishment for a drunk driver without a license
From the theory of law, it is known that in terms of responsibility, there are both general rules and special ones. And the latter take precedence.
Recall that there is a separate responsibility for driving without a license, driving a car during the period of deprivation of a driver's license, as well as for driving while intoxicated in the presence of a VU.
And he was drunk without a license and there is a punishment behind the wheel. H regardless of the reasons for which the drunk driver did not have a certificate with him, the courts apply the liability provided for in Part 3 of Art. 12.18 Administrative Code - arrest for 10-15 days.
There are categories of citizens in relation to which such a measure cannot be applied. These include pregnant women, mothers with children under 14, the disabled, the military and workers law enforcement and other categories of citizens. Instead of arrest, they are fined 30,000 rubles.
What happens if you catch a drunk driving without a license?
When the driver was without a license, but at the same time insists that he is not drunk, then the most optimal solution would be to conduct a medical examination. Indeed, often the traffic police inspector tries to impute the most severe punishment to the driver.
And if the data of doctors show that the detainee was completely sober, then another punishment may follow.
In particular, when the driver simply left the VU at home, his actions can be qualified under Article 12.3 of the Code of Administrative Offenses. Its first part provides for a warning or a fine of 500 rubles. It is only important that at the same time they are promptly delivered to the place where the car stops.
When the detainee has never received a certificate, but he is sober, the punishment can be applied under part 1 of Art. 12.7 of the Code of Administrative Offenses. It is written in it a fine ranging from 5 to 15 thousand rubles.
Finally, if a sober driver was seen driving a car, being deprived of wu, then he can expect all the same administrative arrest or a fine of 30 thousand rubles.
In a word, when a driver is held accountable for driving without a license while drunk, the punishment in the end can be different.
Therefore, it is advisable to take the help of an experienced auto lawyer. It is he who will tell you the only right way out of this situation and will do everything necessary for this.
Rules for the passage of railway crossings contain the term "Railway crossing":
"Railroad crossing"- crossing the road with railway tracks on the same level.
The fines of the traffic police are established by article 12.10 of the Code of Administrative Offenses of the Russian Federation, which consists of three parts and part four of article 12.15.
Deprivation of rights from 3 to 6 months or a fine of 1000 rubles
12.10.1. Crossing a railway track outside a railway crossing, leaving a railway crossing with a closed or closing barrier or with a prohibitory signal from a traffic light or a person on duty at the crossing, as well as stopping or parking at a railway crossing -
shall entail the imposition of an administrative fine in the amount of one thousand rubles or deprivation of the right to drive vehicles for a period of three to six months.
Traffic through a railroad crossing on a red signal In order, the requirements of the Rules to be violated.
Crossing the railway track outside the railway crossing - point 15.1.
15.1. Drivers of vehicles can cross railway tracks only at railway crossings, giving way to a train (locomotive, trolley).
Departure to a railway crossing with a closed or closing barrier or with a prohibitory signal of a traffic light or a duty officer at the crossing - clause 15.3, requirements 1 - 3.
15.3. It is forbidden to travel to the crossing:
when the barrier is closed or starting to close (regardless of the traffic light signal);
at a prohibiting traffic light signal (regardless of the position and presence of the barrier);
at the forbidding signal of the officer on duty at the crossing (the officer on duty is facing the driver with his chest or back with a staff raised above his head, a red lantern or a flag, or with his arms outstretched to the side);
Stopping or parking at a level crossing - clause 12.4, requirement 2.
12.4. Stopping is prohibited:
…
at railway crossings, in tunnels, as well as on overpasses, bridges, overpasses (if there are less than three lanes for traffic in this direction) and under them;
Clause 12.5 requirements 1 and 3.
For these violations, the driver expects deprivation of rights for 3 to 6 months or a fine of 1000 rubles. At the discretion of the inspector - to impose a fine or refer the case to court. By decision of the court, both deprivation of rights and the imposition of a fine are possible. It does not follow from the fact that the case is brought to court that the driver will necessarily be left without a driver's license.
Deprivation of rights from 4 to 6 months or a fine of 5000 rubles
4. Departure in violation of the Rules of the road on the lane intended for oncoming traffic, or on the tram tracks of the opposite direction, with the exception of cases provided for by part 3 of this article, -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive transport vehicles for a period of four to six months.
Departure to the oncoming lane when passing railway crossings is prohibited:
Clause 15.3 requirement 8.
In addition, it is prohibited:
bypass vehicles standing in front of the crossing with exit to the oncoming traffic lane;
Clause 11.4 requirement 3.
11.4. Overtaking prohibited:
…
at railway crossings and closer than 100 meters in front of them;
Disqualification for 1 year
Repeated violation committed within one year, one of the above rules - entails the deprivation of the right to drive for one year (part 3 of article 12.10 of the Code of Administrative Offenses of the Russian Federation, part 5 of article 12.15).
Fine 1000 rubles
2. Violation of the rules of passage through railway crossings, with the exception of cases provided for by part 1 of this article, -
shall entail the imposition of an administrative fine in the amount of one thousand roubles.
All not mentioned the above paragraphs of the Rules do not provide for the deprivation of the right to drive for violations during the passage of a railway crossing.
Let us quote in full Section 15 of the Rules of the Road and delete deprivation clauses from it.
15.1. Drivers of vehicles can cross railway tracks only at railway crossings, giving way to a train (locomotive, trolley).
15.2. When approaching a railway crossing, the driver must be guided by the requirements of road signs, traffic lights, markings, the position of the barrier and the instructions of the person on duty at the crossing and make sure that there is no approaching train (locomotive, trolley).
- when the barrier is closed or starting to close (regardless of the traffic light signal);
- at a prohibitory traffic light (regardless of the position and presence of the barrier);
- at the forbidding signal of the duty officer on the crossing (the duty officer is facing the driver with his chest or back with a staff raised above his head, a red lantern or a flag, or with his arms outstretched to the side);
- if a traffic jam has formed behind the crossing, which will force the driver to stop at the crossing;
- if a train (locomotive, trolley) is approaching the crossing within sight.
In addition, it is prohibited:
- drive around with an exit to the oncoming traffic lane of vehicles standing in front of the crossing;
- arbitrarily open the barrier;
- transport agricultural, road, construction and other machines and mechanisms through the crossing in a non-transport position;
- without the permission of the head of the track distance railway the movement of low-speed vehicles, the speed of which is less than 8 km / h, as well as tractor drag sleds.
15.4. In cases where movement through the crossing is prohibited, the driver must stop at the stop line, sign 2.5 or traffic lights, if there are none, no closer than 5 m from the barrier, and in the absence of the latter, no closer than 10 m to the nearest rail.
15.5. In case of a forced stop at a crossing, the driver must immediately disembark people and take measures to free the crossing. At the same time, the driver must:
- if possible, send two people along the tracks in both directions from the crossing for 1000 m (if one, then in the direction of the worst visibility of the track), explaining to them the rules for giving a stop signal to the driver of the approaching train;
- stay near the vehicle and give general alarm signals;
- when a train appears, run towards him, giving a stop signal.
These are violations for which only a fine of 1000 rubles is provided.
Features of qualification when stopping at a crossing
Those who were attentive noticed it would seem contradiction in the imposition of responsibility for stopping at the crossing.
Stop prohibited: at railway crossings ...
Provides for deprivation of rights, but the prohibition to stop in a traffic jam is not deleted from the citation of the 15th section.
It is forbidden to go to the crossing: if a traffic jam has formed behind the crossing, which will force the driver stay on the move;
It is not difficult to guess in which direction such a “contradiction” will be interpreted by the inspector. He will write in the decision the deprivation part 1 of article 12.10. An unprepared driver will agree with the violation.
Remember stopping traffic in a traffic jam is not a stop. When such a decision is issued to you, do not agree and demand that a protocol be drawn up.
For details about stopping and stopping, see.
Requalification of such a violation is not difficult. If the inspector, before compiling the material, indicates that his qualification of the violation is not correct, then he will most likely issue a fine corresponding to the violation, that is, only 1000 rubles without an alternative to deprivation.
The nuances of imposing a fine for travel on a prohibitory signal
On roads with heavy traffic of trains and vehicles, there is a chance to fall into a trap and get a ticket for driving through a crossing on a prohibitory signal. How it works?
As you know, there is no warning signal at the traffic light at the railway crossing. And with heavy traffic, red may turn on when your car has already crossed the traffic light visibility zone. The traffic lights work in sync.
On the opposite side of the crossing, there is an accident patrol with photographic fixation and filming a car entering the crossing and a red signal from the opposite direction. The camera angle is set so that it is not visible before or after the traffic light is the car. From which it is concluded that the passage was carried out on a prohibitory signal.
Only a DVR can save you from falling into such a trap. with a narrow viewing angle. Wide-angle recorders "see" much wider than the human eye
Changes in railway crossing fines in 2018
In the State Duma, providing for an increase in the amount of the fine from 1,000 to 5,000 rubles. It is not planned to change the terms of deprivation.
You are against the rules:///...2. It is forbidden to detour only vehicles. A detour, for example, of a heap of construction debris can be performed, even if this requires a drive into the oncoming lane...///
Here is the punishment: ///.. Article 12.15. Violation of the rules for the location of the vehicle on the carriageway, oncoming traffic or overtaking
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.///
Written same "Departure in violation of traffic rules ...". Detour is not a violation of the vehicle. Moreover, violations of section 15 of the traffic rules are considered in article 12.10 of the Code of Administrative Offenses. Article 12.15 of the Code of Administrative Offenses refers to section 11 of the SDA.
Hello. Please explain the situation: Do employees of the Ministry of Internal Affairs (STSI, PPS, etc.) have the right to bypass all vehicles parked at the railway crossing and stand in the oncoming lane at the barrier, while the employees of the Ministry of Internal Affairs do not turn on devices (siren flashers) ).
Hello Denis.
Police officers do not have this right.
Good luck on the roads!
Alexander-71
Good afternoon
The situation is the following. The police officers were at the railway crossing. I overtook the vehicle to the mark. After the train passed, I passed the railway crossing and I was stopped and a protocol was drawn up, claiming that I had overtaken after the sign. A truck was also stopped, which, according to the inspector, I overtook, he verbally confirmed my words, but after negotiations with the inspector, he gave back information.
Against me the opinion of a police officer
Witness testimony.
I have photographs from the site of the violation, which clearly show that the territory from the site of the inspector's observation is poorly visible.
Question. What are the chances in court to defend one's innocence and what arguments should be presented in this case.
First, what violation are you charged with?
Second: to what sign did you complete the overtaking? Is there a markup? Are there any curves in the road?
Third: is there a video of the overtaking itself?
You need to provide such evidence so that it is unambiguous. Judging by your words, there are chances, but no one can say how many.
Dmitry-79
Hello.
More than 100 m before the crossing there is a left turn, can I bypass the tail of the crossing and turn into this turn, the road to the crossing is two lanes without markings? And should I give way to those leaving on the secondary from the turn to the main one, if I am relatively far from the intersection in the oncoming lane.
Dmitriy, Hello.
1. The maneuver you describe is overtaking. If you follow all the rules related to overtaking, then there will be no violation on your part.
2. The car must give way to you only until it has passed the intersection. As soon as the other car is on the main one, there will be a violation on your part.
Good luck on the roads!
Dmitry-79
Or all the same, according to the traffic rules, clause 8.7, I can drive along a lane not intended for movement in this direction, no oncoming traffic and no overtaking, because overtaking includes a return to the previously occupied lane, to turn left, and from the secondary one (clause 1.2) they must skip if I am already driving on the main one, because regardless of which lane I am in relation to the person leaving, not on the oncoming lane, but on the main and do I have an advantage over him?
Dmitriy, You have priority only within the intersection.
Dmitry-79
This is what happens if I overtake someone on the main one and a weirdo from the secondary jumps out to the main one and I beat him outside the intersection, is it my fault or what? But what about clause 1.2 of the SDA:
« Give way (do not interfere)" - a requirement meaning that a road user must not start, resume or continue driving, perform any maneuver, if this may force other road users who have an advantage over him to change direction or speed .
At the intersection of unequal roads, the driver of a vehicle moving on a secondary road must give way vehicles approaching along the main road, regardless of the direction of their further movement.
P.13.9 SDA speaks of an intersection, and not of the road to the intersection. Otherwise, under this item you can stretch the entire road entirely. That is, if another car has turned, has already left the intersection and started moving along the road, then you can no longer consider it secondary. The only thing is if you can prove that the accident happened precisely as a result of a maneuver at the intersection, but with each meter passed behind the intersection, the chances are rapidly melting. There is an example on YouTube when a truck started overtaking in front of an intersection, and a car drove out of the yard towards it from the yard. This car turned, saw a truck, stopped. The truck crushed him a little. And it was the truck driver who was found guilty of not giving way to oncoming vehicles, since after the turn the car had already started moving along the road. And 100 m is a lot. It is at least 10 cars standing in a traffic jam.
Do you come up with definitions yourself? -
"A detour is a maneuver in which your car goes around a stationary vehicle or other obstacle on the roadway. A detour can be performed both with or without entering the oncoming traffic lane."
If the vehicle is on an emergency gang in front of the crossing, at the crossing, behind the crossing, under the crossing, or anywhere else where it is no longer a vehicle, but an obstacle - "Obstacle" - a fixed object in the lane (faulty or damaged vehicle, roadway defect, foreign objects etc.), which does not allow you to continue moving along this lane.
Therefore, such a vehicle can be bypassed at least how and at least where. this is an obstacle. It is impossible to "overtake" an obstacle! Respectively traffic violations No
Article 12.15. Violation of the rules for the location of the vehicle on the carriageway, oncoming traffic or overtaking
3. Driving, in violation of the Rules of the Road, onto a lane intended for oncoming traffic when driving around an obstacle, or onto tram tracks in the opposite direction when driving around an obstacle -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
4. Driving, in violation of the Rules of the Road, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for by Part 3 of this Article, -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive transport vehicles for a period of four to six months.
As you can see, there is a violation. If it is forbidden to enter the oncoming lane, then this is prohibited. There is simply a difference between overtaking and detour. For overtaking from 5 thousand to 6 months of deprivation, and for a detour a maximum of 1.5 thousand.
And the most interesting thing, as in your example, if there is a pit in front of you that you cannot drive through, and the lanes are separated by a solid line, then when you enter the “oncoming lane”, 12.15 hours threatens. 3. Now it’s even more interesting, what to do? Wait until the roadway is repaired, but if you are in a hurry, then call the traffic police, the inspector will regulate traffic.
Conditions of the problem:
Highway 2 lanes without markings along the railway tracks.
Turning right from there is a crossing.
The tail costs 30-40 minutes.
Is it a violation to detour the tail to the crossing?
