1. Will you be exempted from prosecution if you have a criminal record of drunk driving?
Drunk driving is exempt from criminal punishment and has a criminal record. Exemption from criminal punishment refers to a way that the court has determined that the act constitutes a crime, but according to the criminal law, it is not subject to criminal punishment. So it has constituted a crime, of course, there will be a criminal record. "Drunk driving is exempted from criminal punishment" requires the following conditions: if the circumstances are minor, no punishment is required.
According to the provisions of Article 15 of the Criminal Procedure Law of People's Republic of China (PRC), in any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated or acquitted:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Second, how long can I get a driver's license without prosecution?
The traffic police force will not revoke the driver's license if the procuratorate is exempted from prosecution for suspected traffic accidents. Those who break the law should be dealt with. A revoked driver's license shall not be revoked. Probation, the full name of the suspension of execution of the Criminal Law, refers to the offender who violates the criminal law and is confirmed by legal procedures to have constituted a crime and should be subject to criminal punishment, and is convicted first and suspended from execution. Probation is a system in which a specific investigation organ inspects criminals during a certain trial period and decides whether to apply a specific penalty according to their performance during the trial period. Revocation of a driver's license refers to the situation that a driver's license is revoked according to law due to legal reasons after being obtained according to law. For example, if you bear more than half of the responsibility in a serious traffic accident, you must revoke your driver's license according to regulations. These are all administrative actions. Circumstances in which the motor vehicle driver's license must be revoked:
(1) Having the following two provisions within one year, and having been punished twice or more for driving a motor vehicle after being drunk.
(two) in violation of the provisions of laws and regulations on road traffic safety, a major traffic accident occurs, which constitutes a crime.
(3) Escaping after causing a major traffic accident.
(four) the road traffic violator shall go to the traffic management department of the public security organ for handling within fifteen days. If the driver fails to accept the treatment within the time limit without justifiable reasons, the motor vehicle driver's license shall be revoked. It is mainly emphasized that there are repeated exhortations or serious consequences in driving. Therefore, it is still possible that the probation will not be revoked.
Does it affect children that drunk driving is exempted from criminal responsibility?
It may affect. Exemption from criminal punishment does not mean that there is no crime. According to the relevant provisions of the criminal law, exemption from criminal punishment is a kind of punishment that the people's court finds that an act constitutes a crime and does not need to be sentenced because the circumstances of the crime are minor. Guilty, exempted from punishment, still constitutes a criminal offence. If parents also have criminal records: when children are admitted to college, if they enter military schools, police schools and other institutions that are admitted in batches in advance, the political review will not pass. According to the Notice on Establishing Criminal Record System for Criminals, keeping criminal records is conducive to standardizing the criminal information inquiry mechanism. Public security organs, state security organs, people's procuratorates and judicial administrative organs are respectively responsible for accepting, examining and handling criminal record inquiries. When providing criminal information inquiry services to the society, the above-mentioned organs shall strictly follow the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment and employment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 16 of the Criminal Procedure Law
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.