Recently, many vehicle owners have abandoned their vehicles after being fined for alcohol violations. One of the reasons is that the fine is higher than the value of the vehicle. Many people believe that such behavior stems from a disregard for the law by some people.
Discussing this issue with Lao Dong, lawyer Nguyen Thu Trang, Hung Dao Thang Long Law Office, said that when a vehicle is temporarily impounded due to alcohol concentration violations, it does not mean that just abandoning the vehicle means ending responsibility.
The Law on Handling of Administrative Violations 2012 has provisions on measures to enforce decisions on handling administrative violations.
If the deadline for executing the penalty decision is exceeded, the organization or individual may have to pay additional late payment fines and be forced to execute the administrative penalty decision.
Regarding coercive measures including:
- Deduct part of salary or part of income, deduct money from the account of the violating individual or organization.
- Seize assets with value corresponding to the fine amount for auction.
- Collect money and other assets of the subject of compulsory enforcement of administrative violation sanction decisions that are being held by other individuals or organizations in cases where the individual or organization intentionally disperses the assets after committing the violation.
According to regulations, the current penalty for violating alcohol concentration when driving vehicles is very high. The provisions of Decree 100/2019/ND-CP of the Government do not have provisions on handling cases where drivers violate alcohol concentration, abandon their vehicles, and do not sign the violation record.
However, individuals and organizations that drive vehicles that violate alcohol concentration and abandon their vehicles without signing the violation report may be fined from VND 4,000,000 to VND 6,000,000 for individuals, and from VND 8,000,000 to VND 12,000,000 for organizations that obstruct or fail to comply with the inspection, examination, and control requests of law enforcement officers.
In addition, if the vehicle is abandoned or the penalty is evaded from signing the penalty record, the penalty will still be valid and the violating individual or organization will still be punished according to the provisions of the law. According to the provisions of the Law on Handling of Administrative Violations, if the violating party intentionally refuses to sign, it will still be valid if it is witnessed by local authorities or witnesses at that time. In case there is no signature of these people, the record will still be made and the reason will be clearly stated.
Truc Chi (t/h)
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