There are a lot of rumors, speculations and myths around the practice of drinking alcohol in a parked car. All motorists are worried about the main question: what will happen if you "screw up" in a parked vehicle, and then catch the eye of the police? Will any of the administrative penalties follow for such behavior: a fine, arrest, or maybe even deprivation of the right to drive a car?
It should be noted right away that in the judicial practice of the native Fatherland, there were indeed cases of deprivation of driver's license for motorists for drinking alcoholic beverages in the car. Another thing is that these cases are numbered in units throughout the country and, as a rule, they were subsequently successfully contested in the courts of higher instance. For a long time, problems in this matter arose due to the absence of the concept of "driving a vehicle" clearly spelled out in the law.
Until 2019, the inspector could, if desired, tighten up almost any activity of the driver in the car under the concept of "vehicle control". Today this term is strictly spelled out and means any purposeful impact on the technique, as a result of which it begins to move in space. This means that pushing a car with your hands or being in a rolling car down a hill from the point of view of the law is also "control". On the other hand, if the car stands still, even with the engine running, then this is no longer considered control.
Next, we turn to 12.8 of the Administrative Offenses Code of the Russian Federation, which provides for punishment for driving a vehicle while intoxicated. Thus, it turns out that if the car stands still, then there is no fact of "control", and therefore cannot be punished. Further more. A car is a private property, and therefore being in it is not equivalent to being in a public place. This means that as long as a citizen is using it in the salon, he does not violate anything. Thus, you can drink alcohol in a car with a clear conscience.
>>>>Ideas for life | NOVATE.RU<<<<
If, while drinking alcohol, a policeman shows up in the car and demands to undergo a medical examination, then he can be completely rejected, citing the absence of the fact of "control" TS. If the policeman continues to persist, it is necessary to refer to all the mentioned articles of the Code of Administrative Offenses: 12.8, 20.20 and 20.21 (the last two are about alcohol and public places) emphasizing that there is not a single fact of violation of the law. In the most extreme case, you can start recording the conversation with the police officer on camera or call the hotline of the Ministry of Internal Affairs. But best of all, the driver will be protected from such incidents by the correct location for drinking alcohol: an apartment, a house or a specially designed catering establishment.
If you want to know even more interesting things, then you should read about the most "expensive" fines for traffic violations in Russiathat can ruin negligent drivers.
A source: https://novate.ru/blogs/250821/60290/
IT IS INTERESTING:
1. Why the bayonet-knife for the Kalashnikov assault rifle is made fragile and unsharp
2. Makarov pistol: why modern models have a black handle, if in the USSR it was brown
3. Why did revolutionary sailors wrap themselves in cartridge belts