This punishment is used in extreme cases. The driver who is at fault is placed in a special reception area. The maximum period of arrest is 15 days.
Why can you get sent to prison?
Here the legislator provided for the following violations. If the driver is caught driving drunk and has already been deprived of his license previously (Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation), the driver is intoxicated, and has previously been deprived of his license or has no rights at all (Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation). This also includes refusal of a medical examination for intoxication by a driver who was previously deprived of the right to drive or without a license (Part 2 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
LJ magazine
There are two ways to get to court under an article where administrative arrest is one of the punishment options: independently, by calling a judge, or by summons with preliminary administrative detention. For drivers who drive a car while deprived of such a right (Article 12.7 of the Code of Administrative Offenses), this drive is often used. If the protocol is drawn up during working hours, the IDPS takes the driver to court. If it’s evening or night, then to the police department according to the territoriality of the place of violation and, accordingly, the place of the future trial. You will have to spend the night in the bullpen, and in the morning you will be taken to court. For those who are charged with leaving the scene of an accident (Article 12.27), such a measure is practically not applied and it will be possible to come to court prepared, washed and, as they say, with things.
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.
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.
Administrative arrest: what does it mean?
Administrative arrest is an exceptional, that is, the most severe measure of punishment provided for by the Code of Administrative Offenses of the Russian Federation for committing an administrative offense. Like imprisonment in criminal law, it consists of isolating the offender from society.
In other words, administrative arrest is nothing more than the temporary detention of an offender and his detention for a certain time in a specialized guarded institution.
Important: only the court has the right to impose punishment in the form of administrative arrest.
