I can plead drunk driving in court, and I can't drink while driving, which is clearly stipulated by our laws. However, there are still many people in society who will drink and drive, and they will be restrained by the public security organs until they wake up. Let's look at the drunk driving trial. I can plead.
Drunk driving in court, I can plead 1. First, how to defend?
First of all, drunk driving has reached the point of sentencing, has it caused personal injury and property damage? If there is personal injury, you should actively obtain the forgiveness of the victims and their relatives. If property losses are caused, the injured party shall be compensated in time. In short, the losses and adverse effects caused by drunk driving should be minimized.
Second, before sentencing, public security organs and procuratorates will conduct a series of judicial procedures. In this process, it is really the husband's own fault. The attitude of admission should be sincere, and the knowledge of the harm of drunk driving should satisfy the judicial personnel (seeking truth from facts and not confessing at will). Let them know that your husband can be corrected without punishment. It depends on your husband's efforts.
Third, if the preliminary work is done well, the punishment of drunk driving can be reduced. If it is not particularly bad, it should not be sentenced to fixed-term imprisonment, and it may be enough to take it at home; Sentenced to criminal detention, up to six months. If the consequences of drunk driving are bad, let's see if we can get a suspended sentence, so that we can avoid jail.
Fourth, it is best to find a professional lawyer to guide you to take positive measures more scientifically and systematically.
II. Provisions of the Road Traffic Safety Law
1, drunk driving:
Drinking and driving a motor vehicle will result in a fine of 1000-2,000 yuan, with a score of 12, and the driver's license will be suspended for 6 months; Drinking and driving a motor vehicle will result in a fine of 5,000 yuan, with a score of 12, detention for less than 15 days, and no driver's license can be obtained again within 5 years.
2. Drunk driving:
Anyone who drives a motor vehicle while drunk shall have his driver's license revoked, and shall not re-obtain his driver's license within 5 years. After the verdict, he was sentenced to criminal detention and fined; Drunk driving operating a motor vehicle, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 10 years, and the operating vehicle shall not be driven for life. After the verdict, he was sentenced to criminal detention and fined.
Article 91. Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.
I can defend drunk driving in court. 2. Will drunk driving be suspended? There were no signs before the trial. The relevant investigation or inquiry before the trial is to confirm the specific circumstances of the case and to accurately judge the punishment of the case. Generally speaking, probation can only be given if the driver is drunk driving a motor vehicle, the circumstances are not serious, and the driver shows remorse and there is no danger of recidivism.
How to ask the judge for probation for drunk driving
If the circumstances of drunk driving are serious and do not meet the conditions of probation, no matter how the defendant requests the judge, the court will not sentence him to probation. If the conditions of probation are met, even if the defendant does not ask the judge, he will still be sentenced to probation, so whether he will be sentenced to probation depends on whether he has caused serious consequences and whether the circumstances are serious.
However, after drunk driving a motor vehicle is caught by the traffic police, it is necessary to actively cooperate with the traffic police investigation and take the initiative to admit mistakes, and the responsibility should be borne. Don't commit other illegal acts, such as finding someone to replace drunk drivers, confusing traffic police to handle cases, or falsifying facts to deceive traffic police. This kind of behavior will not only reduce the punishment, but also increase the punishment, not to mention the person who wants to be sentenced to probation.
Conditions of probation for drunk driving
1, no traffic accident, and the circumstances are not very serious.
2. After being arrested by the traffic police for blood test, the alcohol content did not reach more than 200mg/ 100ml.
3. There is no drunk driving on expressways and urban expressways.
4, are not allowed to drive commercial vehicles and passengers.
5. There are no serious illegal acts such as driving without a license, serious overcrowding, overloading, speeding, forging or altering motor vehicle number plates.
6 did not escape, refuse or hinder the traffic police to check according to law.
7. There have been no penalties for drunk driving or drunk driving twice.
I can defend the trial of drunk driving. 1. What is the punishment standard for drunk driving?
1, drunk driving, restricted by public security organs until sober. If the machine driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 5 years.
2, drunk driving operating vehicles, organized by the public security organs sober up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining a driver's license again, you may not drive an operating vehicle.
3, drunk or drunk driving, a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law. If the driver's license is revoked, it shall not be re-obtained for life.
A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested.
Second, how to get to the drunk driving punishment procedure?
1, draw blood. Wait for the blood test report, about four to five days. (according to the drunken state of the day, before the blood test report comes out, you need to find a relationship and hurry up. )
2. Inform to take the blood test report (pay the blood test fee in 300 yuan). The root blood alcohol content is qualitative, if it is lower than 80/mg, it is drunk driving. Penalty result: the driver's license was deducted for six months and a fine of 2000 yuan was imposed. Those whose alcohol content exceeds 80/mg are drunk driving, and the punishment result: the driver's license is revoked and driving is banned for five years, and the traffic police hand it over to the procuratorate for prosecution.
3. The traffic police team informs the household registration police station to obtain bail pending trial (deposit 10000 yuan is required). Designated by the police station to handle the GPS mobile phone number and keep it on call. This project is one day fast and two days slow. According to personal circumstances, report to the institute on the 26th of each month and write a thought report by hand.
The case will be handed over to the procuratorate. It will take about one and a half months to two months to wait for the procuratorate to file a public prosecution with the court.
5, the procuratorate issued an indictment.
6, waiting for the court verdict, ten days to half a month.
3. How long will drunk driving be punished and detained?
Drunk driving refers to the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 80mg/ 100ml. Drunk driving is suspected of dangerous driving. According to Articles 42 and 133 of the Criminal Law, the minimum period of criminal detention for drunk driving is one month and the longest is six months. Every 80mg/ 100ml increase in general trial practice will increase the detention period by one month.
Criminal detention refers to short-term deprivation of personal freedom, detention nearby and forced labor. In China, it is one of the principal punishments. The term of criminal detention is 1 month to 6 months, and the maximum combined punishment for several crimes cannot exceed 1 year.
Drunk driving refers to the act of driving a motor vehicle when you lose your will completely or partially because of drinking. If the alcohol content per 100 ml of blood is more than 20 mg, it is considered as drunk driving. The driving behavior of a vehicle driver whose blood alcohol content is greater than or equal to 80mg/ 100mL is called drunk driving.