Man Challenged Drunk Driving Fine After 5 Years: What Decision the Court Made

The Cherkasy Court of Appeal reviewed the case of a driver previously held administratively liable for driving under the influence of alcohol. The court examined the legality and validity of the decision of the Cherkasy District Court dated June 22, 2021. This was reported by the court.

Case Summary

The circumstances of the case occurred on April 3, 2021. That evening, around 11:10 PM, in the village of Moshni on Spasopereobrazhenna Street, law enforcement stopped a Polish-registered Audi driven by a citizen.

During the check, signs of alcohol intoxication were observed in the driver: a strong smell of alcohol from the mouth and corresponding behavior. An examination using a "Drager" device showed 1.96 ‰ blood alcohol content, which was also confirmed by the narcologist's medical report. That same evening, a protocol on an administrative offense under Part 1 of Article 130 of the Code of Ukraine on Administrative Offenses (CUAO) was drawn up.

In June 2021, the Cherkasy District Court found the person guilty and imposed a penalty: a fine of 17,000 UAH with deprivation of the right to drive vehicles for one year.

In 2026, the defender acting on behalf of the man filed an appeal, stating that the first-instance court did not fully establish all factual circumstances of the case and did not properly evaluate the evidence, therefore the contested court decision is illegal and unfounded.

It was indicated that objective, proper, and admissible evidence of the man's guilt in committing the administrative offense under Part 1 of Article 130 CUAO was not collected in the case, and all doubts regarding the proof of guilt should be interpreted in his favor.

Since the citizen did not appear at the court hearing and did not receive the ruling at his place of registration, he requested to reinstate the deadline for filing an appeal.

Appeal Decision in Case No. 707/719/21

The Cherkasy Court of Appeal, having reinstated the deadline for appeal, reviewed all the arguments of the complaint and rejected them as unfounded.

The denial of guilt was interpreted as an attempt to avoid responsibility for the offense, and it was noted that the first-instance court reasonably held the citizen administratively liable under Part 1 of Article 130 CUAO. His guilt is confirmed by the collected evidence contained in the case materials, namely a set of consistent evidence: the offense protocol, printout from the "Drager" device, inspection report, medical institution's conclusion, and testimonies of two witnesses. As a result of the appeal review, the decision of the Cherkasy District Court was left unchanged, and the appeal was dismissed. The ruling is final and not subject to further appeal.

The procedural aspect of this case deserves special attention.

The person against whom the administrative offense protocol was drawn up did not appear at the court hearing, did not inquire about the status or results of the case review. He claimed he did not receive the ruling at his place of registration and therefore filed the appeal only five years after the decision was made.

The appellate court ensured the person's access to justice again, but this did not change the outcome.

This situation serves as a reminder: if an administrative offense protocol is drawn up against you, you are obliged to independently monitor the progress and results of the case. Ignorance of the issued ruling does not exempt from responsibility and is not grounds for its cancellation. You can find out the date and time of the case hearing on the official court website or by contacting the court registry.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, pages on Facebook and Instagram to stay updated on the most important events.