Request for appointment of an absentee examination for alcohol intoxication
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To judge Akhmedova A.K. of the Zhitikarinsky district Court.
from the defense lawyer Nigmetov S.D.
The petition
on the appointment of an absentee examination for alcohol intoxication
The Zhitikarinsky District Court is investigating an administrative case against I.S.B. under art. 608 part 3 of the Criminal Code of the Russian Federation.
According to the conclusion of the medical examination to establish the fact of using a psychoactive substance and intoxication No. 717 dated 19.10.2019, it was indicated that I.B.S. was in a state of "strong alcoholic intoxication." According to P. 18 "Rules for conducting a medical examination to establish the use of a psychoactive substance and intoxication", approved by the order of the Minister of Health of the Republic of Kazakhstan dated July 13, 2017: When drawing up a medical examination Report, a medical professional establishes one of the following conditions based on available clinical and (if necessary) laboratory data or rapid testing results confirming the type of the psychoactive substance that caused intoxication: 1) sober; 2) the fact of using a psychoactive substance, no signs of intoxication have been identified; 3) alcohol intoxication (mild, moderate, severe); 4) intoxication (narcotic, substance abuse) caused by the use of psychoactive substances (drugs – opioids, cannabioids, cocaine, sedatives, hypnotics, psychostimulants, hallucinogens, volatile solvents). There is no concept of "heavy alcohol intoxication" in the above Rules. In addition, I.S.B. He explained to the court that at the time of the inspection, he could smell the paintwork in the room where the inspection was taking place, and it was clear that repairs were being carried out. In addition, the mouthpiece for the breathalyzer was provided to him after one and a half minutes from the moment of opening the mouthpiece package, although according to the instructions for the Alcostop 5000 ethanol vapor analyzer, the mouthpiece must be installed in the mouthpiece port before checking. According to the act of chemical and toxicological examination No. 3348 dated 10/22/2019, no traces of ethyl alcohol were found in I.S.B.'s blood. All this together raises doubts about the correctness of the medical examination report No. 717 dated 19.10.2019.
Request for appointment of an absentee examination for alcohol intoxication
In connection with the above, on the basis of Articles 740, 772 of the Criminal Code on AP, I ask: To appoint an expert examination in absentia for the state of alcoholic intoxication of I.S.B.. The following questions should be asked for the expert's permission: Was I.S.B. intoxicated at the time of the examination on October 19, 2019? If I.S.B. was intoxicated, what is the degree of intoxication? Provide the expert with the materials of the administrative case and chemical and toxicological examination No. 3348 dated 10/22/2019.
21.11.2019 Nigmetov S.D.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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