The Moscow City Court reversed both the ruling of a Justice of the peace of magistracy No. 369 of Tverskoy district of Moscow city, and the decision of a Judge of the Tverskoy District Court of Moscow city on bringing a vehicle driver to the administrativ

In July 2008, a traffic police inspector initiated the proceedings regarding a vehicle driver, on administrative violation provided by Par. 1 of Article 12.26 of the Code of the Russian Federation on Administrative Violations (CRFAV) – the driver’s disobeyment towards a police officer’s legal requirement to pass an alcohol test.

By results of the administrative investigation, a justice of the peace of magistracy No. 369 of Tverskoy district of Moscow city made the ruling on bringing the vehicle driver to the administrative responsibility.

The vehicle driver appealed from the ruling, stating that the traffic police inspector had no lawful grounds to send the driver for the medical examination, and that the prescribed legal procedure of assigning the medical examination to the driver had been infringed.

The Tverskoy District Court of Moscow city disregarded the citizen’s arguments and confirmed the legality and validity of the contested decision of the justice of the peace.

The ruling of the justice of the peace of magistracy No. 369 of Tverskoy district of Moscow city and the decision of the judge of the Tverskoy District Court of Moscow city were cancelled by the ruling of Vice Chairman of the Moscow City Court of 24 February 2009, and proceedings on the case were ceased in the absence of an administrative offence event.

The citizen brought to the administrative responsibility was represented in the district court and in the supervisory authority court by Nikita KNYAZEV and Svetlana MAKHOVA, lawyers of the Law Firm "YUST".