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Violation of a number of articles of the Code of Administrative Offenses of the Russian Federation related to traffic rules is punishable by administrative arrest. These are the maximum sanctions imposed for the most serious offenses within the framework of the topic under consideration, but they can be applied to drivers, and for this reason it is worth knowing in what cases they are possible.
Next, we will consider in detail: when, for how long and who can be detained (administrative arrest) for violating traffic rules. What rights does the arrested person have, where is he imprisoned and is it possible to appeal this type of punishment.
A little about the main thing
So, why do they give 15 days of administrative arrest? When answering this question, it must be said that such a punishment is considered one of the most severe that exists in the Code of Administrative Offenses. It is prescribed only in exceptional cases.
For example, you can get fifteen days for using narcotic substances or for minor hooligan acts. In addition, administrative arrest, as one of the harsh penalties, is often applied to drivers who were driving while drunk, left the scene of a road accident, or refused to take a test for alcohol or psychotropic substances in their bodies. You definitely need to know about this.
What traffic violations are imposed for?
So, the Code of Administrative Offenses contains only a few violations for which arrest is provided as a punishment. As we mentioned above, an alternative to administrative arrest should always be another punishment - this is what the Constitutional Court, which protects the rights and freedoms of citizens, has determined, and this is what every article with arrest as a sanction in the Administrative Code says.
There are 6 such articles in total. Let's look at them!
For driving a car without a license – up to 15 days
If you are deprived of the right to drive, but got behind the wheel of a car and you were stopped by a traffic police inspector, then you may face administrative arrest for up to 15 days under Part 2 of Article 12.7 of the Administrative Code.
Please note that this only applies if you are driving sober and have been deprived of your license for any traffic violation.
Alternatives to arrest:
- fine 30,000 rubles,
- compulsory work for 100-200 hours.
As we mentioned above, arrest in this case should be ordered in exceptional cases in case of gross violations and the presence of aggravating circumstances. But in practice, courts often impose this punishment simply as an option.
You will also be interested in:
- Driving without a license while sober and deprived of a license - what is the punishment?
- All about the administrative delivery of the traffic police in questions and answers?
- If the license is expired and the driver is driving drunk, what is the punishment?
For driving while drunk without a license – from 10 to 15 days
If for driving sober without the right to drive, an arrest for a period of no more than 10 days is most often imposed, then if you are caught drunk (under the influence of alcohol or drugs), the period will be from 10 to 15 days under Part 3 of Article 12.8 of the Code.
In this sanction, the absence of the right to drive may be in the following cases:
- if you were deprived,
- if you have never received one (you have never had a driver's license).
Unlike other articles of the Code of Administrative Offenses, for this violation (and another one below), only the persons listed above among the exceptions who cannot be subjected to administrative arrest will be able to receive a fine. For the rest, there are no alternatives.
Moreover, Article 12.8 can be replaced not just by arrest, but by imprisonment in a criminal case if there is evidence - if you are caught again with the same traffic violation for which you have already been deprived of your rights - driving while intoxicated.
Refusal of medical examination by a person without rights – from 10 to 15 days
Exactly the same punishment awaits drivers under Part 2 of Article 12.26 of the Code of Administrative Offenses, who were not even tested for intoxication because they refused a medical examination. This article may also provide for a fine only for an exclusive group of citizens. And in case of repeated refusal of a medical examination, provide for a criminal sentence.
Leaving the scene of an accident – up to 15 days
Administrative arrest as a milder punishment is provided for by Part 2 of Article 12.27 of the Code. A term of up to 15 days is an alternative to deprivation of rights for 1-1.5 years (however, it is deprivation of rights that is most often used in judicial practice in 2021).
Failure to comply with a legal request of a police officer – up to 15 days
Another type of sanction, for which administrative arrest is provided, is applied for disobedience to the legal request of a police officer, which includes all traffic police officers and traffic police inspectors in particular, under Part 1 of Article 19.3 of the Code of Administrative Offenses.
Surprisingly, compared to other articles of the Administrative Code, the alternative to arrest with such a possible long term is a fine of only 500 to 1,000 rubles.
This article is especially often applied to tinting lovers - repeat offenders. This is a written request to remove the tint, and it works in the following way:
- the inspector stops a tinted motorist for the first time, issues him a fine and demands that he eliminate the conditions conducive to the offense,
- If the driver does not rip off the film, then for the second time he can be imprisoned precisely on the grounds under this article - for failure to comply with the requirement.
You can read about why they are illegal in our special article on requirements.
Illegal assignment of license plates – up to 15 days
A rather rare punishment under Article 19.37 is imposed on motorists if they appropriate illegally found or stolen license plates from someone else’s car. There are practically no cases under this article in judicial practice.
Petty hooliganism – up to 15 days
For example, sorting out relations with another driver, initiating a fight on the road and similar actions in 2021 can be qualified under Part 1 or 2 of Article 20.1 of the Administrative Code, under which the instigator may face administrative arrest for up to 15 days.
To fall under this article, the conditions for hooliganism must be met:
- obscene language in a public place,
- insult to a citizen
- damage to someone else's property.
Delay in payment of fine – up to 15 days
Another violation for which administrative arrest is often imposed, with the most common terms ranging from 1-2 to 7-10 days, is late payment of a fine.
You are given 60 days to pay the financial penalty after the order comes into force. If you have exceeded this deadline, then within 3 months after this you may be charged under Article 20.25 of the Code of Administrative Offences.
An alternative to arrest is a fine of twice the amount overdue.
It is important to know that an arrest cannot be imposed for failure to pay a fine on time if it was issued from a traffic camera - they have the right to arrest only for fines issued by inspectors on the road.
We have a separate article about punishment for failure to pay a fine on time.
Something else useful for you:
- Criminal liability for intoxication while driving a car in questions and answers?
- How to properly file a complaint for illegal detention by traffic police officers? Sample
- Leaving the scene of an accident: what the danger is, how to avoid punishment, will there be recourse?
For comparison
If we talk about administrative arrest as the most severe punishment in the Code of Administrative Offenses, then it is also necessary to add that the person is in captivity at this time (in a police temporary detention facility). Thus, this sanction can even be compared to imprisonment, which is imposed by the court on a person guilty of committing a crime.
After all, at its core, administrative arrest is temporary imprisonment in a specialized institution guarded by law enforcement officers without the right to release until a certain period. Not many people can withstand such punishment. Therefore, this sanction cannot be applied to pregnant women, persons under 18 years of age and mothers with children under 14 years of age. It’s hard to even imagine that teenagers could be in the same room with persistent violators of public order. Therefore, the law in this case establishes certain restrictions.
Termination and suspension of arrest
The general rule is that the arrest is terminated and the arrested person is released after serving the sentence.
The arrest may be terminated early if:
- illness, injury, injury or the general state of health of the arrested person prevents further serving of the sentence;
- a close relative or close person of the arrested person has died;
- the arrested person died;
- As a result of an emergency (natural disaster, fire, etc.), the arrested person or his family suffered significant material damage.
If the reason can be eliminated relatively quickly (within 7 days), then instead of terminating the punishment, the arrest may be suspended for a while. In any case, the decision is made by the court that made the arrest decision, based on a written statement from the arrested person. A person released early is issued a certificate.
The decision to suspend the arrest does not exempt from further execution of the sentence; the period of suspension is not counted towards the period of arrest . After the suspension period has expired, the arrested person is obliged to independently appear at the place where the sentence is to be served. If he does not do this, he is subject to detention and forced delivery. The same procedure awaits those who evade execution of punishment, including those who did not appear in court for the consideration of an administrative case and, therefore, were arrested in absentia.
Sanctions for drivers
So, why do they give 15 days of arrest? In this case, only administrative punishment is meant. So, this mainly concerns offenses committed in the field of traffic. For example, a driver who gets behind the wheel of a vehicle while drunk and refuses to undergo a medical examination may be arrested for 15 days. The law says so. Moreover, the same punishment can be received by a person who gets behind the wheel of a car, having already been deprived of a driver’s license.
It is also necessary to add here that citizens who have committed an accident and left the scene of a road accident may also be subject to administrative arrest. All drivers should be aware of this.
But can they give 15 days of arrest for the fact that a citizen left the scene of an accident because he took the victim to the hospital, but then returned back before the traffic police arrived? In this case, there are no grounds for imposing this punishment. But only the judicial authority will deal with this issue, based on all the evidence and materials presented in the case.
How to avoid arrest?
There are 2 ways that give a significant chance of avoiding administrative arrest, or one of them, at least, can reduce the term.
Don't show up for court
An arrest can only be imposed by a judge - this measure is not within the jurisdiction of either traffic police inspectors or even traffic police chiefs.
Most often, this method works when you are charged 20.25 for failure to pay a fine on time. In this case, you receive a summons to appear in court on a certain date and time. If you do not come, the judge will consider the case without you. But in administrative law, arrest cannot be ordered in the absence of the person involved. And then there are 2 options:
- the judge will order a summons - your forced presence in court by bringing you to the courtroom by police officers (most often your local police officer),
- the judge will assign a different, more lenient punishment.
Obviously, if you are caught drunk or refuse a medical examination, being deprived of your license, where there are no alternatives to arrest, then a arrest will be organized (with the hearing postponed to another day).
Often, a 20.25 arrest occurs immediately when inspectors stop you on the road - in this case, when a traffic police officer discovers your overdue fines in the database, he himself takes you straight to court, where the judge can order an arrest. This is illegal, but is practiced everywhere in 2021.
Ask to reduce the punishment
...And thus be your own advocate or attract the last of the auto lawyers. The fact is that mitigating circumstances must be taken into account when assigning punishment. But there should be no aggravating circumstances.
Simply put, in the courtroom you need:
- admit your guilt
- repent of what you have done,
- It is advisable that you have no fines at all over the last year, especially for the same traffic violation.
By the way... No, as indicated in our pictures above, the arrested persons are not handcuffed as part of an administrative arrest!
Sanctions for persons who have used drugs
In what cases is 15 days given? Here it is necessary to say that it is possible to receive this punishment for taking psychotropic substances without a doctor’s prescription. It should also be noted that currently in our legislation there are only administrative sanctions for such an offense. Thus, if a person simply used drugs himself and did not sell them to anyone or store them, then he will not face criminal punishment. You also need to know about this.
In order for police officers to determine whether a citizen is under the influence of any drug or not, the latter is taken for a medical examination. If an alleged violator refuses to undergo a certain test to determine the presence of prohibited substances in his body, then law enforcement officers have every reason to believe that he was using drugs. This is entered into the protocol by police officers. This document is submitted to the magistrate's court as evidence that the person was under the influence of prohibited substances at the time of arrest.
The procedure for administrative arrest of a person in the Russian Federation
Let's look at a common example of the complete arrest process for a traffic violation. Typically, it consists of the following basic steps:
- Recording of the offense by a traffic police officer (if the violation is recorded on camera, arrest is not permissible).
- Determination by the official of the possibility of drawing up a protocol on the spot.
- If the previous step is not possible, a decision is made to deliver the offender (Article 27.2 of the Administrative Code).
- Drawing up a protocol of detention (Article 27.4 of the Administrative Code), including information about the official and the offender, the place and time of the offense, its essence. The protocol is signed by both parties, and if the offender refuses to sign, this fact is indicated.
- Transferring the case to court.
- Court hearing.
- Making a decision.
Please note that administrative detention is not a mandatory step. After drawing up the protocol, the offender may remain free until a court decision.
Separately, it should be noted that a personal search and search of a detainee’s belongings is permissible on the basis of Article 27.7 of the Administrative Code, and already in the process of serving an arrest, on the basis of Article 6 of Federal Law No. 67.
It is better to involve a professional lawyer at the court hearing so that rights are fully protected. Read about how to ask your question to a car lawyer for free in another article.
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Where do you have to serve?
Why do they give 15 days of administrative arrest? As it was written earlier, this punishment is imposed on people only for committing offenses provided for by the Code of Administrative Offenses. This is one of the toughest sanctions for administrative violations. People have to serve their sentences in a temporary detention center at the Ministry of Internal Affairs. As a rule, in small towns the temporary detention center is located right in the police basement. Moreover, violators for committing administrative offenses are kept in isolation from those detained on suspicion of committing crimes.
Some citizens are interested in the question of where they sit in Moscow for 15 days of administrative arrest? As already stated above, for this purpose, police departments have special temporary detention centers (abbreviated as IVS). Previously, this detention center had a different name - KPZ (pre-trial detention cell). Now the name has changed, but the purpose of such an institution remains the same.
Where are other conditions of detention?
Administrative arrest is served in institutions specially created for this purpose . In accordance with Article 3 of Federal Law No. 67, they are divisions of federal executive authorities in the field of internal affairs, financed from the budget.
In common parlance, these institutions are called “special detention centers.” In fact, these can be either separate institutions or combined with other places in which it is possible to isolate the offender from society (in the form of separate blocks).
At the beginning of the term, the violator undergoes a mandatory medical examination to identify parasites and infectious diseases. Persons requiring constant medical supervision must be kept separately from healthy arrestees.
The holding cells are shared, usually designed for 3 to 12 people. The standard area is 4 m2 per arrested person.
In addition
So, in big cities, for example in Moscow, temporary detention centers (IVS) are located next to the police, and not in the basement of the Ministry of Internal Affairs. Special separate buildings are allocated for them. This is due to the fact that the number of people detained for committing administrative offenses or committing criminal atrocities here is much higher than in small provincial cities.
It is also necessary to say that people in temporary detention facilities cannot use communications, but have the right to receive food and bed linen. This is important to know. Therefore, there is no need to think that those detained there are starving; they are fed three times a day. Whenever possible, relatives bring them food from home.
How is it different from detention?
Administrative arrest is a punishment for proven offenses, and administrative detention is a measure used to conduct an inquiry or investigation. They can be detained for no more than 3 hours (under Article 27.5 of the Code of Administrative Offenses of the Russian Federation). But if charges are brought under articles, the sanctions of which include administrative arrest, detention can last up to 48 hours. His term is counted towards the term of administrative arrest.
Earning income from prostitution
This offense is an administrative offense and you can get a fine or arrest for up to 15 days (this is the maximum). People who receive income from the fact that women of easy virtue give them a large part of the proceeds are called pimps. It is the latter who risk being arrested and spending two weeks in a police temporary detention facility.
Therefore, when answering the question of why 15 days of imprisonment in a temporary detention center is given, we can say that the court assigns this punishment to those citizens who profit from the fact that other persons are engaged in prostitution. Such activities are prohibited by the law of our country.
The procedure for imposing punishment in the form of arrest
The basis for an arrest for violating traffic rules is a protocol drawn up by traffic police officers. If the violation is detected by photo or video cameras, the specified sanction is not applied.
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The prosecution process is as follows:
- violation of traffic rules is detected or suppressed (for example, when stopping a car on the road);
- a protocol is drawn up describing the elements of the offense, articles of the Code of Administrative Offenses of the Russian Federation;
- if the driver does not have documents with him, he may be detained to establish his identity (the judge is obliged to consider the case against the detainee within 48 hours, and the entire period of detention will be counted as arrest);
- administrative material is sent for consideration to the court (the violator informs about the place and time of the meeting when signing the protocol, or by separate notice);
- when considering the case, the court determines whether to allow the arrest of the offender, or chooses another measure of influence;
- if the court makes a decision and sentences the violator to arrest, the Ministry of Internal Affairs officers place him in a special institution;
- upon expiration of the arrest period, the violator is released, but will be considered prosecuted for another year (this will be important to establish the repetition of traffic violations).
In many cases, prosecution is even simpler. If an article of the Code of Administrative Offenses of the Russian Federation allows for arrest, the case may be considered during the period of the citizen’s detention. For this purpose, there are duty judges who can immediately review the protocol and materials about the violation. If the driver is released from the scene of an accident or crime, he will be forcibly brought to court by employees of the Ministry of Internal Affairs to execute the arrest.
If a driver is detained after an accident or during a traffic stop, the period of restriction of freedom cannot exceed 48 hours.
During this time, the administrative material must be reviewed by the court, or the offender will be released. As stated above, the period of detention will be fully counted towards the period of arrest.
The arrest order can be appealed. If the court verdict comes into force, the offender will be placed in a special institution of the Ministry of Internal Affairs to execute the arrest. Those arrested are kept separately from those accused and convicted in criminal cases. The isolation regime during arrest is much easier than when executing a sentence of imprisonment under the Criminal Code of the Russian Federation.
How long can they be arrested?
The articles of the Code of Administrative Offenses of the Russian Federation indicate the maximum permissible period of arrest - up to 15 days. Therefore, the judge can assign any number of days within 15 days. In most cases, an arrest order is issued for 15 days, i.e. for the maximum possible period. After serving the sentence, the judge or employees of the Ministry of Internal Affairs cannot arbitrarily extend the period of arrest.
Is it possible to appeal an arrest and how to do it?
Any administrative penalty can be appealed. 10 days are given for this, and the period will begin to run from the moment the violator is given a copy of the decision. If the violator was present when the decision was announced, a copy of the judicial act will be handed to him immediately. Therefore, the preparation of the complaint must be done within strictly 10 days, and this period can be restored only for valid reasons.
Deciding whether to appeal a court order to arrest must take into account the circumstances of the traffic violation and the evidence presented. Practice shows that an appeal gives a positive result only in isolated cases. There is a good chance of the decision being overturned if the traffic police officer violated procedural norms. For example, if the arrest protocol was incorrectly drawn up on the spot, or the offender will be deprived of the right to defense.
Interesting
So, why can they get 15 days of arrest? Once again it is necessary to return to this issue. So, for violating public order, a citizen has a chance to end up in a temporary detention facility and stay there for 15 days. Unless, of course, the judicial authority considers it necessary to impose a fine on the person instead of temporary imprisonment in a detention center at the police department. You also need to know about this.
For example, for damaging someone else's property, you can receive a fine or go into captivity for 15 days. In addition, for obscene swearing in a public place, a magistrate may impose a similar punishment on a citizen.
When does the deadline begin?
Determining the term of arrest depends on the circumstances of its appointment. If the perpetrator was sentenced to 15 days in the courtroom, and before that he was at large, then the arrest period will be calculated from the date of the verdict.
If the culprit was detained before trial, the period of detention will be included in the period of arrest. The arrest, in this case, will be calculated from the moment of forced escort to the police station (in accordance with Articles 27.2 and 27.5 of the Code of Administrative Offenses of the Russian Federation).
Separately, cases of application of arrest to persons in a state of intoxication are considered. For them, the term of arrest begins to count from the moment of sobering up. But the sobering time cannot be more than 48 hours.
