Useful.
According to the criminal law, drunk driving a motor vehicle constitutes a crime of dangerous driving, which can be detained for up to six months and fined according to law.
For defense lawyers, their duty is to provide materials and opinions on innocence, light sentence or exemption from criminal responsibility for criminal suspects and defendants according to facts and laws, and to safeguard their litigation rights and other legitimate rights and interests. Therefore, if the client consults the driver's license network for defense, the lawyer can put forward defense opinions in favor of the client according to specific facts and corresponding legal provisions, and strive to give the client a lighter punishment. If the crime is not too serious, they can also fight for probation.
Criminal procedure law
Article 35 The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 133 of the Criminal Law: Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
Chasing racing, with bad circumstances;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passenger capacity, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, endangering public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
"Drunk driving a motor vehicle, the traffic administrative department of the public security organ shall persuade him to drink, revoke his motor vehicle driver's license, and shall be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.
"Whoever drives or operates a motor vehicle after drinking alcohol shall be detained for fifteen days and fined five thousand yuan, and his motor vehicle driver's license shall be revoked, and he shall not regain his motor vehicle driver's license within five years.
"Drunk driving, operating a motor vehicle, by the traffic administrative department of the public security organ will be bound to sober up, revoke the motor vehicle driver's license, shall be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be re-obtained within ten years, and no motor vehicle shall be driven or operated after re-obtaining the motor vehicle driver's license.
"After drinking or drunk driving a motor vehicle, a major traffic accident occurs, which constitutes a crime, and criminal responsibility shall be investigated according to law. The traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life. "
When driving a motor vehicle, it needs to be handled in accordance with China's traffic laws, and the relevant illegal motor vehicle drivers will be punished by Chinese laws. Drunken drivers can consult Pacific Auto Network to handle their own cases. Protect their legitimate rights and interests in accordance with the law and minimize such related penalties.
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