2023 Author: Charles Youmans | [email protected]. Last modified: 2023-05-20 18:41
A rather unusual decision was recently made by the Supreme Court. Having considered an application from two residents of Tatarstan, he decided to temporarily withdraw a driver's license from a passenger who was driving in a state of alcoholic intoxication.
This situation developed as follows: a spouse from Tatarstan went to a holiday, where a man (the owner of the car) drank alcoholic beverages. Together with him, his wife also used them. However, according to the man, she was in a more sober state. So he gave her the keys and sat down in the passenger seat.
While driving, they were stopped by the traffic police crew, who, after a medical examination, revealed the presence of alcohol in the blood of both spouses. The man in response pointed out that his wife, who is the owner of the car (the car was recognized as joint property), made a duplicate of the keys on her own and entered herself into the CMTPL policy. That is, the real owner insisted that his rights should not be withdrawn, since he was not driving at that moment.
However, the courts, including the Supreme Court, made a different decision. They ruled that both spouses were to blame for this incident. Each of them was fined 30 thousand rubles and the driver's license was confiscated from the man and woman for a period of six months. In their decision, the courts indicated that at the time of the arrest, the spouse admitted that the car keys had been handed over to his wife.
This regulation can lead to quite serious and somewhat unusual events. The decision rendered shows that the courts impose subsidiary liability for drunk driving on both spouses, provided that they are simultaneously in the car. This ruling is rather unusual, since it, firstly, testifies in favor of the fact that the husband bears the same responsibility before the law as the wife who committed the offense. Secondly, it is not clear why both spouses were deprived of their rights for only 6 months, when, as for drunk driving, a driver's license is withdrawn for 2 years (albeit this is the maximum period, but it is often used).
But in fact, this decision of the Supreme Court creates a precedent in Russia. That is, in the future, if similar situations arise, other spouses will be fined and deprived of their driver's license.