Lawyer for Article 130

Description

Liability and fines under Article 130 of the CUAO

Today, a lawyer for Article 130 is a necessity for every driver who faces the threat of losing their driving license. Ukrainian legislation provides for severe penalties for driving while intoxicated, and independent defense in court rarely produces the desired result.

Fines and sanctions increase depending on the number of violations during the year. The ЮРКОНСАЛТ law office emphasizes that even a first violation entails serious financial losses and restrictions on freedom of movement.

• Part 1 (first violation): a fine of 17,000 UAH and a driving-license suspension for 1 year.
• Part 2 (repeat within the year): a fine of 34,000 UAH and a driving-license suspension for 3 years (possible paid seizure of the vehicle).
• Part 3 (twice within the year): a fine of 51,000 UAH and a driving-license suspension for 10 years with confiscation of the vehicle.

It is important to remember that refusing a medical examination for intoxication is automatically treated as admitting guilt. The legislation clearly regulates these provisions:

Driving vehicles by persons under the influence of alcohol, narcotic substances, or other types of intoxication... entails the imposition of a fine... (Art. 130 of the CUAO)

Typical police mistakes when drawing up the protocol

An experienced lawyer for Article 130 knows that most protocols are based on procedural violations. These mistakes become the basis for closing the case in court and preserving your driver’s license.

The police often ignore the rules for video recording or fail to involve witnesses. For example, the bodycam video recording must be continuous and clearly capture the moment when the driver is offered to undergo an examination.

The key points we focus on are:

• Lack of a certificate of conformity for the Drager breathalyzer.
• Incorrect explanation of the driver’s rights during a stop.
• Violation of the procedure for referral to a medical institution.
• Drawing up a protocol without actual driving (the driver was simply sitting in the car).

More details about the nuances of paperwork can be found in our article on preparing the protocol under Art. 130 of the CUAO. Our specialists carefully analyze every piece of evidence to identify inconsistencies.

The defense strategy built by a lawyer under Article 130

When a lawyer for Article 130 takes your case, the work begins with a detailed review of the case materials. We do not use template solutions because every situation is unique.

The defense process includes several stages:

1. Audit of materials: requesting video recordings, inspection reports, and police memorandums.
2. Preparation of motions: for summoning witnesses, inspectors, or requesting certificates for devices.
3. Participation in court hearings: providing a well-reasoned demonstration of the client’s innocence to the judge.

This approach allows us to achieve success even in complex cases. If you’re interested in details of the procedure, we recommend reviewing the material on defense of the rights of persons under Art. 130 of the CUAO.

When a lawyer under Article 130 of the CUAO is needed urgently

Delays in cases involving administrative offenses can be very costly. A lawyer under Article 130 of the CUAO recommends seeking help immediately after the protocol is drawn up.

There are situations where professional help is critically necessary:

• You were involved in an accident and are accused of intoxication (risk of criminal liability).
• This is your repeat violation, and it threatens seizure of the vehicle.
• You work as a driver, and losing your license means losing your job.

We also help in cases where it is necessary to return the seized driver’s license. You can learn more about this service on the page return of driver’s licenses.

Why people choose ЮРКОНСАЛТ lawyers

ЮРКОНСАЛТ Law Office is a team of professionals with over 10 years of experience defending drivers. We operate throughout Ukraine, providing reliable support in the fight against illegal actions by the police.

Our offices are located in Kyiv and Zaporizhzhia, but we provide legal assistance remotely in any region. You can get a consultation in chat or by phone 24/7.

Don’t wait until the court issues a decision not in your favor. Contact us today to receive high-quality legal consultation and build a strong line of defense.

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