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 repeated violations, which transfers them from administrative to criminal with all the ensuing consequences. In this article, we will look at what punishment and what fines for driving without a license while intoxicated are provided for in 2016; perhaps this is what will force you not to drive in this situation.
Without a license and drunk driving - punishment
So, we all know that driving without a license and while drunk 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. If you refuse it, it will automatically be equated to the fact that you yourself admitted that you were drunk.
Today, driving drunk without a license is punishable according to Part 3 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, which entails administrative arrest for 10-15 days or the imposition of an administrative fine in the amount of 30 thousand rubles.
Important! During a medical examination, witnesses must be present or video recording must be made.
Fine 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 caught driving drunk is subject to penalties. As noted earlier, the amount of this fine today is 30 thousand rubles. It should be noted that according to this article of the Code of Administrative Offenses of the Russian Federation, punishment for driving while intoxicated without a license is provided not only to the one who drives drunk while driving, but also to the one who allowed another drunk driver to drive. In this situation you will also have to pay cash and say goodbye to your rights for a long time.
Important! If the driver’s financial situation does not allow him to pay the fines immediately, the court may defer payments for a period of no more than 3 months. But you should know that this measure is allowed only in relation to citizens of the Russian Federation. If a foreigner or stateless person is fined, deferments are not allowed by law.
For those car owners who, in addition, while driving while drunk, committed an offense that resulted in the death of citizens, the sanctions were also tightened: the death of 1 person - a minimum sentence of 2 years; If 2 people die, you will have to serve at least 4 years.
Repeated driving without a license while drunk
If the offender got behind the wheel without a license and while drunk again, then he will have to answer to the law in accordance with the Criminal Code of the Russian Federation.
In July 2015, a new rule came into force in criminal law, which involves punishing drivers who have repeatedly committed a violation related to drunk driving:
- Penalties in the amount of 200-300 thousand rubles;
- Mandatory 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 here - you cannot drive a car while drunk, much less drive it without a license.
ATTENTION! Due to latest changes due to legislation, the information in the article may be out of date! Our lawyer will advise you free of charge.
It's no secret that on our roads you can now find drunk drivers who drive without a license at all. And this poses a double danger for others.
After all, the driver’s inability to drive a car is often added to.
It is not difficult to imagine the consequences that may occur.
In this article:
What are the possible options?
We are not discussing now 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 at a party, in a hurry to get into the car. Then it is advisable to ensure delivery of the license to the place where the vehicle stops as quickly as possible.
The person got behind the wheel while drunk while the previous offense had not yet expired.
Finally, the drunk driver driving the car simply failed to pass the official driving test.
Therefore, if driving drunk without a license or without a license is recorded, the consequences can be interpreted differently.
What is the punishment for a drunk driver without a license?
From the theory of law it is known that in terms of liability there are both general rules and special ones. Moreover, the latter have priority.
Let us remind you that there is a separate liability for driving without a license, driving a car during the period of deprivation of a driver’s license, as well as for driving a vehicle while intoxicated in the presence of a driving license.
And he was drunk without a license and there is a penalty for driving. N Regardless of the reasons for which the drunk driver did not have a license with him, the courts apply the liability provided for in Part 3 of Art. 12.18 Code of Administrative Offenses – arrest for 10-15 days.
There are categories of citizens to whom such a measure cannot be applied. These include pregnant women, mothers with children under 14 years of age, disabled people, military personnel and workers law enforcement, as well as other categories of citizens. Instead of arrest, they are fined 30,000 rubles.
If you are caught driving drunk without a license, what happens?
When a driver finds himself without a license, but insists that he is not drunk, then the best solution would be to conduct a medical examination. After all, the traffic police inspector often tries to impose the most severe punishment on the driver.
And if the medical data show that the detainee was completely sober, then another punishment may follow.
In particular, when the driver simply left the driving license 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 they are promptly delivered to the place where the car stops.
When the detainee has never received a certificate, but he is sober, punishment can be applied under Part 1 of Art. 12.7 Code of Administrative Offences. It states fine ranging from 5 to 15 thousand rubles.
Finally, if a sober driver was caught driving a car while deprived of a driver’s license, then he can expect the same administrative arrest or fine of 30 thousand rubles.
In a word, when a driver is held accountable for driving without a license while drunk, the resulting punishment can vary.
Therefore, it is advisable to take the help of an experienced car lawyer. It is he who will suggest the only correct 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"- intersection of the road with the railway tracks at the same level.
Traffic police fines 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, entering a railway crossing when the barrier is closed or closing, or when there is a prohibitory signal from the traffic light or the crossing officer, as well as stopping or parking at a railway crossing -
entails 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.
Driving through a railway crossing on a red signal In order, the requirements of the Rules that will be violated.
Crossing a railway track outside a railway crossing - clause 15.1.
15.1. Drivers of vehicles can cross railway tracks only at level crossings, giving way to a train (locomotive, handcar).
Driving to a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from the traffic light or the crossing officer on duty - clause 15.3, requirements 1 - 3.
15.3. It is prohibited to travel:
when the barrier is closed or starting to close (regardless of the traffic light signal);
when there is a prohibiting traffic light signal (regardless of the position and presence of the barrier);
when there is a prohibitory signal from the person on duty at the crossing (the person on duty faces the driver with his chest or back with a baton, a red lantern or flag raised above his head, or with his arms extended to the side);
Stopping or parking at a railway 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 a given direction) and under them;
Clause 12.5 requirements 1 and 3.
For these violations, the driver will be deprived of his license for 3 to 6 months or a fine of 1,000 rubles. It is at the discretion of the inspector to impose a fine or take the case to court. By decision of the court, both deprivation of rights and imposition of a fine are possible. The fact that the case has been sent to court does not mean that the driver will necessarily be left without a driver's license.
Deprivation of rights from 4 to 6 months or a fine of 5,000 rubles
4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in 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 vehicles for a period of four to six months.
Driving into the oncoming lane when passing railway crossings is prohibited:
Clause 15.3 requirement 8.
In addition, it is prohibited:
drive around vehicles standing in front of the crossing into oncoming traffic;
Clause 11.4 requirement 3.
11.4. Overtaking is prohibited:
…
at railway crossings and closer than 100 meters in front of them;
Deprivation of rights for 1 year
Repeated violation committed within one year, one of the above rules - entails 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 in part 1 of this article, -
shall entail the imposition of an administrative fine in the amount of one thousand rubles.
All not mentioned The above paragraphs of the Rules do not provide for deprivation of the right to drive for violations when passing a railway crossing.
Let's quote section 15 of the Traffic Rules in full and delete the deprivation clauses from it.
15.1. Drivers of vehicles can cross railway tracks only at level crossings, giving way to a train (locomotive, handcar).
15.2. When approaching a railway crossing, the driver must follow the requirements of road signs, traffic lights, markings, the position of the barrier and the instructions of the crossing officer and make sure that there is no approaching train (locomotive, railcar).
- when the barrier is closed or starting to close (regardless of the traffic light signal);
- when there is a prohibiting traffic light signal (regardless of the position and presence of the barrier);
- when there is a prohibitory signal from the person on duty at the crossing (the person on duty faces the driver with his chest or back with a baton, red lantern or flag raised above his head, or with his arms extended to the side);
- if there is a traffic jam behind the crossing that will force the driver to stop at the crossing;
- if a train (locomotive, handcar) is approaching the crossing within sight.
In addition, it is prohibited:
- drive around vehicles standing in front of the crossing into oncoming traffic;
- open the barrier without permission;
- 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 route railway movement of low-speed vehicles whose speed 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 light; 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. When forced to stop at a crossing, the driver must immediately unload people and take measures to clear the crossing. At the same time, the driver must:
- if possible, send two people along the tracks in both directions from the crossing 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 an approaching train;
- stay near the vehicle and give general alarm signals;
- When a train appears, run towards it, 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 imposing liability for stopping at a crossing.
Stop prohibited: at railway crossings...
Provides for the deprivation of rights, but the prohibition to stop in a traffic jam is not deleted from the quotation of the 15th section.
It is prohibited to drive to a crossing: if there is a traffic jam behind the crossing that 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 decree the deprivation part 1 of article 12.10. An untrained driver will agree to the violation.
Remember stopping traffic in a traffic jam is not a stop. When you are issued such a decree, do not agree and demand that a protocol be drawn up.
For details about stopping and staying, see.
Reclassification of such a violation will not be difficult. If the inspector is told before compiling the material that his classification of the violation is incorrect, then he will most likely issue a fine corresponding to the violation, that is, only 1000 rubles without the alternative of deprivation.
The nuances of imposing a fine for driving through a prohibiting signal
On roads with heavy traffic of trains and vehicles, there is a chance of falling into a trap and getting a fine for driving through a crossing at a prohibitory signal. How it works?
As you know, there is no warning signal at the traffic light at the railway crossing. And in heavy traffic, the red light may turn on when your car has already crossed the visibility zone of the traffic light. Traffic lights work synchronously.
On the opposite side of the crossing, an accident patrol with photo recording is located and takes pictures of the car entering the crossing and the red signal from the oncoming direction. The camera angle is set in such a way that it is not visible whether there is a car before or after the traffic light. From which it is concluded that the passage was carried out in response to a prohibitory signal.
Only a DVR can save you from falling into such a trap. with narrow viewing angle. Wide-angle recorders “see” much wider than the human eye
Changes in fines for railway crossings in 2018
In the State Duma, providing for an increase in the amount of the fine from 1000 to 5000 rubles. There are no plans to change the terms of deprivation.
You are against the rules: ///...2. It is prohibited to pass only vehicles. It is possible to bypass, for example, a pile of construction waste, even if this requires driving into oncoming traffic...///
That's the punishment: ///..Article 12.15. Violation of the rules for positioning a vehicle on the roadway, passing oncoming traffic or overtaking
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.///
It says “Departure in violation of traffic rules...”. Passing a non-vehicle is not a violation. Moreover, violations of section 15 of the traffic rules are considered in article 12.10 of the Code of Administrative Offences. Article 12.15 of the Code of Administrative Offenses concerns section 11 of the Traffic Regulations.
Hello. Please explain the situation: Do employees of the Ministry of Internal Affairs (traffic police, police officers, etc.) have the right to bypass all cars standing at a railway crossing and stand in the oncoming lane at the barrier, while the employee of the Ministry of Internal Affairs in their official car does not have devices turned on (flashing sirens) ).
Hello, Denis.
Employees of the Ministry of Internal Affairs do not have such a right.
Good luck on the roads!
Alexander-71
Good afternoon
The situation is as follows. Police officers were behind the railway crossing. I overtook the vehicle before the sign. After the train passed, I passed the railway crossing and they stopped me and drew up a report, claiming that I overtook after the sign. A truck was also stopped, which, according to the inspector, I had overtaken, he verbally confirmed my words, but after negotiations with the inspector, he gave the opposite information.
The opinion of a police officer is against me
Witness testimony.
I have photographs from the scene of the violation, which clearly show that the area from the inspector’s observation point is poorly visible.
Question. What are the chances of defending your innocence in court and what arguments should be presented?
First: what violation are you charged with?
Second: to what sign did you complete overtaking? Are there any markings? Are there any bends in the road?
Third: is there a video of the overtaking itself?
You need to provide such evidence 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 turn to the left, can I go around the tail end of the crossing and turn into this turn, is the road to the crossing two lanes without markings? And should those driving along the secondary road from the turn to the main road have to give way to me if I am relatively far from the intersection in the oncoming traffic.
Dmitriy, Hello.
1. The maneuver you described is overtaking. If you follow all the rules related to overtaking, 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 another car is on the main road, there will be a violation on your part.
Good luck on the roads!
Dmitry-79
Or, according to traffic rules clause 8.7, I can drive in a lane not intended for traffic in this direction, no oncoming traffic and no overtaking, because overtaking involves returning to the previously occupied lane to turn left, but from the secondary one (clause 1.2) they must let me through if I’m already driving on the main one, because no matter what lane I’m in, in relation to the one leaving, I’m not on the oncoming lane, but on the main one and Do I have an advantage over him?
Dmitriy, You only have right of way within the intersection.
Dmitry-79
What happens is that if I overtake someone on the main road and the guy from the secondary road jumps onto the main road and I hit him outside the intersection, then am I to blame? What about clause 1.2 of the traffic rules:
« Give way (not to interfere)" - a requirement meaning that a road user must not start, resume or continue moving, or carry out any maneuver if this may force other road users who have priority over him to change direction or speed .
At an 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 The traffic rules speak about the intersection, and not about the road to the intersection. Otherwise, under this point you can stretch the entire road. 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 to be of secondary importance. The only way is if you can prove that the accident happened precisely as a result of a maneuver at the intersection, but with every meter passed beyond the intersection, the chances are rapidly dwindling. There is an example on YouTube when a truck began to overtake before an intersection, and a car drove out of the yard onto the road towards it. This car turned, saw a truck, and stopped. The truck crushed it a little. And it was the driver of the truck 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, that’s at least 10 cars stuck 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 either with or without entering the lane of oncoming traffic."
If the vehicle is parked at the emergency lights before a crossing, at a crossing, behind a crossing, under a crossing, or anywhere else, it is no longer a vehicle, but an obstacle - “Obstacle” - a stationary object in the traffic lane (faulty or damaged vehicle, defective roadway, foreign objects etc.), which does not allow you to continue driving along this lane.
Therefore, such a vehicle can be driven around any way and anywhere, because this is an obstacle. It is impossible to “overtake” an obstacle! Respectively traffic violations No
Article 12.15. Violation of the rules for positioning a vehicle on the roadway, passing oncoming traffic or overtaking
3. Driving, in violation of the Traffic Rules, into a lane intended for oncoming traffic when going around an obstacle, or onto tram tracks in the opposite direction when going around an obstacle -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in 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 vehicles for a period of four to six months.
As you can see, there is a violation. If it is prohibited to drive into oncoming traffic, then it is prohibited. There's just a difference between overtaking and passing. For overtaking, from 5 thousand to 6 months of imprisonment, and for detour, a maximum of 1.5 thousand.
And the most interesting thing, as in your example, if there is a hole in front of you that you cannot pass, and the lanes are separated by a solid line, then when you enter the oncoming traffic lane you will face 12.15 hours 3. Now it’s even more interesting, what to do? Wait until the roadway is repaired, but if you are in a hurry, call the traffic police, an 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 bypass the tail of a crossing?
