The media learned about drivers’ attempts to get their licenses back after driving “under medication”

2023-10-02 07:09:38

The Supreme Court overturned several decisions on the deprivation of rights for driving under the influence of drugs, the instructions of which stipulate a ban on driving after using them, and sent these cases for a new trial, writes “Kommersant”.

The basis for the cancellation of decisions on deprivation of rights was the decision of the Constitutional Court (CC) of November 2022. Then the Constitutional Court ruled that the Code of Administrative Offenses does not contain a rule allowing drivers to be punished for driving after using such potent drugs as, for example, analgesics and treatment drugs epilepsy. The Constitutional Court also pointed out the need to create a list of medications, the use of which is incompatible with driving.

Such amendments were submitted to the State Duma for consideration in June 2023, but have not yet been considered. In addition, the Ministry of Health is now working to create a separate list of medications, which may include anesthetics, antiepileptics, hypnotics and sedatives. After the amendments are adopted, the practice of depriving one’s license for driving under these medications will be returned.

After this, several decisions appeared in the files of the Supreme Court (SC) on the cases of drivers who had already been deprived of their licenses for using these drugs and who decided to take advantage of the temporary ban and return their licenses.

In particular, among the cases that the Supreme Court considered was the case of Barnaul resident Anatoly K., which was considered on September 15. In October 2020, inspectors stopped him and found signs of intoxication, but an alcohol test showed nothing. During a medical examination, traces of the opioid analgesic tramadol, which is included in the prescription drug Zaldiar, were found in the man’s blood. The man drank it as prescribed by the doctor. As a result, the driver was deprived of his license, since the instructions for the medicine stipulate a ban on driving after using it. However, the Supreme Court overturned this decision, citing the position of the Constitutional Court, which prohibited the deprivation of rights until the necessary amendments were made to the Administrative Code, and sent the case for a new trial. In total, at least five similar decisions were found in the Supreme Court file.