Lawyer Smirnov: readings from an uncertified traffic police breathalyzer are easy to cancel

If a traffic police inspector conducts an inspection with an uncertified device, its results will be canceled, and the employee himself will face disciplinary action, including punishment from management. Automotive lawyer Sergei Smirnov told Motor magazine about this.

“This situation arises extremely rarely, since the traffic police inspector understands that any check based on the readings of an uncertified device is subject to unconditional cancellation in the future. For the inspector himself, this is fraught with negative consequences, including the application of disciplinary sanctions by management,” the lawyer said.

According to him, if the driver has reason to believe that the traffic police inspector’s device is uncertified, then he can still pass the test, fulfilling legal requirements. However, the law primarily relies on the testimony of certified equipment.

Smirnov also noted that even if an uncertified device shows intoxication, this will not become an absolute basis for deprivation of rights without a medical examination. Any decision to revoke a driver’s license must be based on evidence obtained without violating the law. The use of an uncertified device is a violation, and such a decision can subsequently be reversed, Smirnov concluded.

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