The case under Article 130 of the Code of Ukraine on Administrative Offenses has been closed: the police fabricated evidence.
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Cancellation of the protocol under Article 130 of the Code of Ukraine on Administrative Offenses due to falsified explanations and lack of video
Essence of the problem:
A protocol was drawn up against the client under Part 1 of Article 130 of the Code of Ukraine on Administrative Offenses — allegedly for driving with signs of intoxication and refusal to undergo an examination. The driver categorically denied guilt: the police did not offer to take a test, there was no breathalyzer at the scene, and mandatory video recording of the process was not carried out.
My legal strategy:
I thoroughly analyzed the materials of the administrative case and built a defense based on the identification of critical procedural violations and contradictions in the police evidence:
Detection of falsifications: I drew the court's attention to the fact that the written explanations of the so-called "witnesses" of the refusal were dated two days prior to the date of the protocol itself. Moreover, they were not present at the stop at all.
Return of materials: At the first stage, I achieved the return of the case to the police for revision with a direct requirement from the court to include the video recording of the event.
Destruction of the accusation: After the police returned the materials again without video, I proved that the accusation was based solely on assumptions and contradictory papers.
Results for the client:
Full acquittal: The court stated that the standard of proof "beyond a reasonable doubt" was not met, and the police did not collect proper evidence.
Case closed: Proceedings under Article 130 of the Code of Ukraine on Administrative Offenses were completely closed due to the absence of an administrative offense.
Rights preserved: The driver avoided an illegal fine and deprivation of driving license, preserving his reputation and nerves.
#Lawyer #AutoLawyer #Article130 #CancellationOfFine #DriverDefense #Court #LegalAssistance #LawyerKyiv
Essence of the problem:
A protocol was drawn up against the client under Part 1 of Article 130 of the Code of Ukraine on Administrative Offenses — allegedly for driving with signs of intoxication and refusal to undergo an examination. The driver categorically denied guilt: the police did not offer to take a test, there was no breathalyzer at the scene, and mandatory video recording of the process was not carried out.
My legal strategy:
I thoroughly analyzed the materials of the administrative case and built a defense based on the identification of critical procedural violations and contradictions in the police evidence:
Detection of falsifications: I drew the court's attention to the fact that the written explanations of the so-called "witnesses" of the refusal were dated two days prior to the date of the protocol itself. Moreover, they were not present at the stop at all.
Return of materials: At the first stage, I achieved the return of the case to the police for revision with a direct requirement from the court to include the video recording of the event.
Destruction of the accusation: After the police returned the materials again without video, I proved that the accusation was based solely on assumptions and contradictory papers.
Results for the client:
Full acquittal: The court stated that the standard of proof "beyond a reasonable doubt" was not met, and the police did not collect proper evidence.
Case closed: Proceedings under Article 130 of the Code of Ukraine on Administrative Offenses were completely closed due to the absence of an administrative offense.
Rights preserved: The driver avoided an illegal fine and deprivation of driving license, preserving his reputation and nerves.
#Lawyer #AutoLawyer #Article130 #CancellationOfFine #DriverDefense #Court #LegalAssistance #LawyerKyiv