The case of an administrative offense for driving a vehicle by a driver who is intoxicated

 

On July 15, 2025, 7528-25-00-3/25880 At B.K., lawyer S.D. Nigmetov, considered at a court hearing in Russian a case of an administrative offense against: NBK, in the commission of an offense provided for in Part 1 of Article 608 of the Code of the Republic of Kazakhstan "On Administrative Offenses" (hereinafter – the Administrative Code),

On July 14, 2025, at about 11.40 p.m. in Almaty, N. B.K., being under the influence of drugs, according to medical examination act No. 24332 dated July 14, 2025, drove a Hongql E-QM5 car, license plate 542 FJ 02, and moving along Dostyk Street in a northerly direction at the corner of Shevchenko Street. detained by police officers. Thus, N. B.K. committed an administrative offense provided for in part 1 of Article 608 of the Administrative Code.

At the hearing, N. B.K. pleaded not guilty to the offense and explained that he had not used narcotic substances. When he was detained, he was in a state of shock.

He has no disability of group 1.2. Lawyer Nigmetov S.D. fully supported the explanations against B.K. and petitioned for the termination of administrative proceedings against his client.

The narcologist Tolemisov Ye.E. gave explanations in accordance with the conclusion of the medical examination to establish the fact of the use of psychotropic substances and intoxication No. 24332 dated July 14, 2025, according to which N. B.K. was in a state of drug intoxication caused by the use of unknown surfactants.

The fact of B.K.'s drug use was confirmed by the results of clinical examinations, which were recorded on video. Having examined the case materials, listened to the explanations of the parties, the prosecutor's conclusion on the proof of guilt on B.K. and the imposition of an uncontested measure of administrative punishment, the court came to the following conclusion.

Part 1 of Article 608 of the Administrative Code provides for responsibility for driving a vehicle by a driver who is in a state of alcoholic, narcotic and (or) substance-abuse intoxication, as well as transferring control of a vehicle to a person who is in a state of alcoholic, narcotic and (or) substance-abuse intoxication, entails administrative arrest for fifteen days and deprivation of the right to drive a vehicle for a period of for seven years.

According to subparagraph 2) of paragraph 12 of section 2 of the Rules of the Road, approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan dated June 30, 2023 (hereinafter referred to as the Rules of the Road), the driver is prohibited from driving while intoxicated (alcoholic, narcotic and/or toxic); under the influence of drugs that worsen reaction and attention; in a painful or tired condition that endangers road safety;

There is no hostile relationship between N. B.K. and the doctor Tolemisov E.E., who conducted the examinations, and in this regard, there is no reason for a slip on his part, which confirms the objectivity of their conclusions. Therefore, the judge has no doubts about these conclusions of the doctor.

The court takes this conclusion into account as evidence, as it was conducted in compliance with the requirements of the paragraphs of the "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.

The guilt of B.K. in committing an offense is confirmed by the protocol on an administrative offense dated July 15, 2025, as well as the report of the traffic police inspector, the conclusion of the medical examination, which states drug intoxication and other materials of the administrative case.

Thus, N. B.K. committed an administrative offense provided for in part 1 of Article 608 of the Administrative Code. When determining an administrative penalty, the court takes into account an alternative penalty in the form of administrative arrest for a period of 15 (fifteen) days with deprivation of the right to drive vehicles for a period of 7 (seven) years. The grounds excluding the use of arrest provided for in Article 50 of the Administrative Code have not been established.

Based on the above and guided by article 822, subparagraph 1) of part 1 of Article 829-14 of the Administrative CODE, the court RULED:

To find Bolat Kasymkhanovich guilty of committing an administrative offense under part 1 of Article 608 of the Code of the Republic of Kazakhstan "On Administrative Offenses" and to subject him to administrative punishment in the form of administrative arrest for a period of 15 (fifteen) days and deprivation of the right to drive a vehicle for a period of 7 (seven) years.

The term of punishment in the form of arrest is calculated from 23 hours 40 minutes on July 14, 2025. Send the driver's license to B.K. for execution.

The execution of the resolution is entrusted to the Registration and Examination Department of the Almaty City Police Department - from the moment of its issuance.

 

 

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. 

 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases