Drunk driving punishment process
Step one: 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. )
Step 2: Notify to receive 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.
Step 3: The traffic police team informs the household registration police station to handle bail pending trial (deposit is required 1 10,000). 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.
Step 4: The case will be transferred 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.
Step 5: The procuratorate issues an indictment.
Step 6: Wait for the court to hear the verdict, ten days to half a month.
Step 7: The court issues a summons to inform the time and place of the court session, and the court entrusts the Judicial Bureau to conduct social investigation and report to the Judicial Bureau at the same time.
Step 8: The Judicial Bureau is entrusted by the local judicial bureau to conduct an investigation. As the case may be, hurry up for two days, and it's hard to say if it's slow.
Step 9: The judicial office submits an investigation report to the judicial bureau, and then the Ministry of Justice submits a proposal to the court, and the court decides sentencing according to these investigations. It takes about three to four days.
Step 10: The court issues a judgment.
Step 11: Take the judgment, find the police handling the case of the traffic police team, cancel at the police station, get bail pending trial, then leave the deposit ticket and return the deposit to the municipal bureau.
Step 12: serve your sentence.
Problems existing in the trial of dangerous driving crime;
The criminal law stipulates that the defendant who is drunk driving has a small sentencing range, and the maximum sentence is only six months of criminal detention, which makes it difficult to carry out incidental civil mediation in criminal proceedings and is not conducive to cracking down on crime. The criminal law does not clearly stipulate the punishment for drunk driving defendants, which is too narrow. There is no specific standard for lighter, heavier and mitigated punishment, which makes it difficult for the court to grasp the sentencing, and there is a phenomenon of different sentences in the same case. Some public security organs give administrative detention to criminal suspects when dealing with drunk driving cases, but often do not transfer the relevant evidence that the criminal suspect has been detained in administrative detention when transferring the case files, which leads to the court's inability to accurately deduct the detention time before the judgment, which invisibly increases the workload of the court.
Common practices of public security organs after arresting drunk driving parties;
According to the criminal law, criminals who drive drunk can only be detained and fined when sentencing. According to the provisions of the Criminal Procedure Law, only criminal suspects and defendants who may be sentenced to fixed-term imprisonment or more can be approved for arrest. Therefore, in the stage of investigation, examination and prosecution, public security organs mostly take residential surveillance or bail pending trial for drunk driving suspects. Once the defendant knows that his crime can't be stopped, or the injured party demands a lot of compensation, the defendant will choose to escape and avoid legal sanctions.
Legal basis:
Road Traffic Safety Law of the People's Republic of China
Article 91 A drunk driver of a motor vehicle shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driver's 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.
Article 91 A drunk driver of a motor vehicle shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driver's 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.
Criminal law of the people's Republic of China
Article 133-1 Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers 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 at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
It takes three months for the ordinary court to make a judgment. If the drunk driver is arrested and detained for more than 15 days, he may have been in criminal detention. Drunk driving may be suspected of dangerous driving. In practice, it is generally applicable to direct prosecution cases. A direct prosecution case refers to a criminal case in which the suspect is directly transferred for examination and prosecution without any compulsory arrest procedure after being released on bail pending trial or under residential surveillance. Compared with other criminal cases, the duration is shorter. Drunk driving a motor vehicle causes a major traffic accident, shall be convicted and punished for the crime of causing traffic accidents, and shall be handled according to the ordinary procedure. Drunk driving is generally a summary trial with a probation period of 20 days. There is no specific time limit for sentencing after the trial of the drunk driving court, but there are clear provisions on the total trial period of the court. If a case of drunk driving is tried by summary procedure, the people's court shall conclude the case within 20 days after accepting it. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days. If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement.