Explains sworn lawyer Indrek Sirk: if Riigikogu's Centre Party faction member Dmitri Dmitrijev claims to have gotten drunk only after the traffic accident occurred, he may escape criminal penalty and be punished for mere misdemeanor.
Dmitrijev to possibly escape criminal penalty
27th January 2016, 14:43
Please note that the article is more than five years old and belongs to our archive. We do not update the content of the archives, so it may be necessary to consult newer sources.
As assured yesterday by Mr Dmitrijev, he will serve at Riigikogu till the criminal procedure is completed. He declined to tell, yesterday, whether he was drunk while driving or not.
Having driven off a country road and over 1.5 pro mille discovered in his blood, Mr Dmitrijev is said to have built his defence on stating he only drank after the accident. Mr Dmitrijev was alone on the site and called for the ambulance himself.
Mr Sirk says penal power prescribes punishments for definite deeds. Consumption of alcohol is not prohibited and the condition of the driver during driving needs to be proven.
Meanwhile, Traffic Act forbids consumption of alcohol on the accident site before facts are established so the deputy may be punished for that as a misdemeanour.
Mr Sirk said experts have been involved in earlier instances to approximately determine by calculations if claims to have drunk after event were likely to be true.
«It can be established that if two pro mille is measured, it could not have been a bottle of beer, say,» he said to bring an example.
Meanwhile, damages will still have to be personally compensated as in eyes of insurers it makes no difference if it was drunk driving or not as the one causing an accident.
The drinking after the event «need not be a scheme as it may be some people are in shock in such situations and for whatever reason, to soothe nerves or whatever, they up and drink. Some may think that there’s nothing to lose now anyway,» said Mr Sirk.