The case under Article 130 of the Code of Ukraine on Administrative Offenses has been closed: the police fabricated evidence.
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
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