Driving with alcohol concentration violation must also pay fine

If you get fined, throw away your old car and buy a new one.

On the evening of January 21, the Traffic Police of Thu Duc City (HCMC) set up a checkpoint to handle alcohol concentration violations at the D2 - D7 intersection in the HCMC High-Tech Park. They discovered that BC (42 years old) had signs of violating the Road Traffic Law, so they stopped the vehicle for inspection.

Many vehicles were detained for violations but the violators did not come to get their vehicles back.

Accordingly, Mr. BC had a blood alcohol concentration of more than 0.4 mg/l of breath. Mr. BC was issued an administrative violation report and had his motorbike temporarily impounded. After signing the report, Mr. BC said he would abandon the violating motorbike because the vehicle registration had been lost earlier.

Speaking to Thanh Nien reporter, Mr. NVT (30 years old, living in Thu Duc City) said that he had just abandoned his old motorbike because it was temporarily impounded by the traffic police for violating alcohol concentration. Mr. T. works as a worker in the High-Tech Park of Ho Chi Minh City. More than a month ago, he attended a company party and drank beer, then rode his motorbike home. On the way, Mr. T. was discovered by the traffic police to have an alcohol concentration and temporarily impounded his motorbike.

Regarding the reason for abandoning the motorbike, Mr. T. explained that his motorbike had been used for 14 years, was severely degraded, and was currently worth only about 3 million VND. Meanwhile, if he violated the highest level of alcohol concentration, the penalty would be from 6 to 8 million VND and his driver's license would be suspended for 24 months.

Similarly, many workers and manual laborers decided to abandon their motorbikes when traffic police issued a ticket for violations and temporarily impounded their motorbikes for violating alcohol concentration.

More than 128,000 cases of "involved" alcohol concentration

Regarding this issue, Lieutenant Colonel Le Manh Ha, Deputy Head of the Staff Department of Ho Chi Minh City Police, said that recently, Ho Chi Minh City Traffic Police have carried out many special projects to handle major violations leading to traffic accidents, especially those related to alcohol concentration.

Ho Chi Minh City Traffic Police check alcohol concentration

In 2023, Ho Chi Minh City Traffic Police detected and handled more than 651,000 violations; of which more than 1,500 cars, more than 153,000 motorbikes and more than 1,280 3- and 4-wheel vehicles were temporarily detained. Among the violations, more than 128,000 cases of driving cars and motorbikes were related to alcohol concentration (accounting for more than 19% of total traffic violations).

According to Lieutenant Colonel Ha, the fine for alcohol violations is relatively high, sometimes higher than the value of the violating vehicle, and there is an additional penalty of revoking the driver's license. Therefore, many people who violate alcohol concentration levels abandon their vehicles when they are detained by traffic police.

According to the Traffic Police Department of Ho Chi Minh City Police, the cases of abandoning the vehicle are those who drive old motorbikes, three-wheeled vehicles and violate alcohol concentration. Recently, Ho Chi Minh City Traffic Police have been controlling and handling people who drink alcohol and drive. Therefore, the rate of people who violate alcohol concentration being detected and punished has increased.

Most of the people who violate alcohol concentration strictly comply when being checked, but there are still some cases where they find every reason not to cooperate. These cases are mostly ordinary workers. "They ride old motorbikes, when checked, they refuse to blow into the meter, do not present their identification papers or driving licenses. There are cases where when stopped for inspection, they declare to abandon the motorbike, give it to the traffic police and then leave," a traffic police officer in Ho Chi Minh City added.

Abandoning the car also has to pay a fine

Lawyer Nguyen Van Hau, Vice Chairman of the Ho Chi Minh City Bar Association, commented: "Currently, when a vehicle is temporarily impounded due to a violation, because the fine is higher than the value of the vehicle, the violator abandons the vehicle, this is a wrong thought." Because abandoning the vehicle and avoiding the implementation of the penalty decision, the penalty is still effective and the violating individual or organization is still punished according to the provisions of the law.

Accordingly, when the deadline for implementing the administrative penalty decision has expired and the violator still fails to fulfill his/her obligations, for each day of late payment of the fine, an additional 0.05% of the total unpaid fine amount will have to be paid (Article 78 of the Law on Handling of Administrative Violations). At the same time, the violator will be forced to execute the penalty decision according to Article 86 of this Law.

Specifically, violators will have a portion of their salary or income deducted, and money deducted from their accounts. Violators may also have their assets with a value equivalent to the fine amount seized for auction. In addition, violators may also have their money and other assets held by other individuals or organizations confiscated, in cases of intentional asset disposal.

In addition, according to Lawyer Hau, in Clause 15, Article 3 of Circular 24/2023 of the Ministry of Public Security, those who violate traffic order and safety without complying with the decision to handle administrative violations will not be able to register their vehicles. Only after complying with the decision to handle violations will they be able to register their vehicles according to regulations.

According to Point d, Clause 1, Article 3 of the Law on Handling of Administrative Violations, if the violator continues to violate in the future, he/she will be punished for each violation, except in cases where the administrative violation is repeated and is defined by the Government as an aggravating circumstance.

Source link: https://thanhnien.vn/bo-xe-vi-pham-nong-do-con-cung-phai-dong-phat-185240127233402743.htm