TRC Employee Caught Drunk Driving for the Second Time in a Year: Court Fined Him 34 Thousand Hryvnias

The Khmelnytskyi City District Court of Khmelnytskyi region reviewed the case of holding a driver administratively liable for repeated drunk driving within a year under part two of article 130 of the Code of Ukraine on Administrative Offenses (CUAO). The court examined the circumstances of the offense, evidence provided by the police, and decided on the type of administrative penalty.

Case Summary

The court established that on May 22, 2026, at 02:06 AM, the driver operated a Mercedes Benz S 500L in the city of Khmelnytskyi on P. Myrny Street, 23, while intoxicated, violating clause 2.9 (a) of the Ukrainian Traffic Rules, which prohibits driving under the influence of alcohol, drugs, or other intoxicants, as well as under the influence of medications that reduce attention and reaction speed.

The offense was qualified under part two of article 130 CUAO as repeated drunk driving within a year.

The case was scheduled for hearing on June 5, 2026. The person against whom the protocol was drawn up was duly notified of the date, time, and place of the court hearing, as confirmed by their signature on the administrative offense protocol. They did not appear at the hearing, did not inform about the reasons for absence, and did not file any motions to postpone the case.

The court referred to the practice of the European Court of Human Rights as set out in the decisions in the cases of "Ponomaryov v. Ukraine" and "Oleksandr Shevchenko v. Ukraine," according to which a person must take reasonable steps within reasonable timeframes to obtain information about the progress of known court proceedings. Considering this and the provisions of part one of article 268 CUAO, the court concluded that the case could be considered in the absence of the person based on the available materials.

Court Decision

The court noted that the driver's guilt in committing the administrative offense is fully confirmed by the body of evidence examined during the case.

In particular, the court took into account the administrative offense protocol recording the violation of clause 2.9 (a) of the Ukrainian Traffic Rules. The results of the intoxication test using the "Drager" device were also examined, confirming the presence of 1.03 per mille of alcohol. This result was recorded both in the device printout and in the inspection report drawn up at the vehicle stop location.

Additionally, the court considered the decision of the Chemerovetskyi District Court of Khmelnytskyi region dated April 29, 2026, which had already held the driver administratively liable under part one of article 130 CUAO, confirming the repeat offense within a year.

Video recordings from police body cameras were also examined, capturing the fact of driving the vehicle and the procedure of undergoing the intoxication test directly at the vehicle stop location.

After evaluating all evidence collectively and reviewing the case materials, the court was convinced of the driver's guilt and that his actions were correctly qualified under part two of article 130 CUAO. Considering the nature of the offense, the offender's personality, and the purpose of administrative penalty defined by article 23 CUAO, the court concluded that an administrative penalty in the form of a fine with deprivation of the right to drive vehicles without paid confiscation of the vehicle should be applied.

As a result of case No. 686/16235/26, the court found the driver guilty of the administrative offense under part two of article 130 CUAO and imposed an administrative penalty in the form of a fine of 34,000 hryvnias with deprivation of the right to drive vehicles for three years without paid confiscation of the vehicle.

Additionally, the court recovered court fees from the offender in favor of the state.

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