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.
criminal law
133rd driving a motor vehicle on the road, in any of the following circumstances, shall be detained and fined:
Chasing racing, and the circumstances are bad;
(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 shall be restrained by the traffic administrative department of the public security organ to abstain from drinking, 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.
"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. "
To sum up, drunk driving is a very serious behavior, but it may be because the perpetrator is a first-time offender or because of alcoholism. You can ask a lawyer to defend yourself. Although the result of innocence cannot be obtained, the parties concerned can be given a lighter punishment, and those with lighter criminal circumstances can also get a suspended sentence.
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