Administrative arrest is, as a rule, imprisonment for 15 days for violation of the Code of Administrative Offenses. Most often, drivers suffer from this article. Indeed, for violation of traffic rules, in most cases, it is the administrative responsibility of a citizen that is provided. Of course, imprisonment can be avoided. And there are even several ways how exactly this can be done.
Necessary
- -certificate on the state of health;
- -Code on Administrative Offenses.
Instructions
Step 1
If you have a child under the age of 14 or you are a pregnant woman, then imprisonment, even for only 15 days, is not applicable to you. After all, someone needs to take care of the child. And even more so for keeping women in position, our pre-trial detention centers are simply not provided. Also, minors, disabled persons of groups 1 and 2, employees of certain state bodies (for example, the Federal Penitentiary Service or the State Border Service) can also avoid administrative arrest.
Step 2
If you do not fall under any of the listed categories of citizens, then you can try to avoid arrest for health reasons. To do this, you need to go through a medical commission, which will determine that it is simply physically impossible for you to be in the detention center of the Investigative Committee for two weeks. This information must be provided to the judge who will handle your case. Typically, this conclusion outweighs the rest of the reasons for your conclusion. But be prepared for the fact that the court may order your own independent medical examination.
Step 3
In order not to go to jail, try to study the Code of Administrative Offenses for which violations of the law lead to imprisonment. In the case of drivers, there are only 5 of them. This is driving without a license after the driver was deprived of them; if the driver is drunk or does not have a license with him at all; when leaving the scene of an accident; and non-payment of the fine after warning the bailiffs. Lawyers assure that even in these five points a loophole can be found. For example, the arrest definitely "shines" on the first three points. In others, they may simply be deprived of their rights or impose a large fine.
Step 4
Alternatively, if you do not have mitigating arguments, you can try to say during the court session that you repent of your offense and undertake to continue to always comply with the administrative code. If you are convincing and are in court for the first time, then you have a chance that the judge will decide in your favor.
Step 5
Some drivers are trying to resolve the issue with the cancellation of the arrest with a monetary reward. However, remember that this method is already punishable by the criminal code and qualifies as giving a bribe to a person during execution. Which, in turn, can keep you behind bars for a much longer period. And already in the colony.
