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Motorcycles are a type of motor vehicle, and according to what you mentioned above, even if the other party is fine, you are not responsible for each other, but you have also violated the road traffic law for drunk driving. How to punish, the first depends on whether the procedures of your motorcycle are complete.
Second, see if you have a driver's license. Third, it depends on whether you are drunk driving or drunk driving, which is determined based on the amount of alcohol consumed. If the motorcycle formalities are complete and you have a driver's license, you are guilty of two charges, one is drunk driving.
The second is hazardous driving. If you are fined or detained, your driver's license will definitely be revoked. The heavier ones will be held accountable!
Hurry up and find an acquaintance to solve it, and it may be fine.
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I was drunk on a motorcycle and rear-ended, how long can I bring it out in my truck, and I also paid the inspection fee, how long can this be handled.
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Ask an experienced lawyer.
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If a minor traffic accident occurs while driving a motorcycle without a license after drinking, in addition to the penalties for drunk and unlicensed driving, you must also bear the liability for traffic accident compensation.
Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that anyone who drives a motorcycle after drinking alcohol shall have his motorcycle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan.
Those who are punished for driving a motor vehicle after drinking alcohol and drive a motorcycle after drinking alcohol again shall be detained for up to 10 days and fined between 1,000 and 2,000 yuan for driving a motorcycle, and shall be restrained by the traffic management department of the public security organ until they sober up, revoke the motorcycle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven. Anyone who drives a commercial motorcycle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motorcycle driver's license revoked, and shall not be allowed to re-obtain a motorcycle driver's license for five years.
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Legal analysis: Compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all liability basis. Responsibility is carried out according to the proportion of the division of responsibilities of the traffic police force.
For personal injuries caused by traffic accidents, the main compensation scope includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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Legal analysis: Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for not less than one month but not more than three months, and shall be fined not less than 200 yuan but not more than 500 yuan. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
Fourth, we should be cautious) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at conviction and punishment.
Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.
The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.
Table 1 Threshold of blood alcohol content of vehicle drivers.
Driving behavior category thresholds.
Driving behavior category threshold (mg 100ml).
Drinking alcohol and driving 20, 80
Driving while drunk 80
Now the road has no primary and secondary distinction in the traffic rules, there is no traffic light and no yield sign, it is necessary to abide by the right side of the first, before entering the intersection to carefully observe and then pass, to you pass through the intersection does not affect the normal driving of the vehicle on the right, the right vehicle hit you, indicating that you hindered the normal driving of the right, the responsibility is great. The other party's motorcycle was drunk and the vehicle was not inspected on time, and it did not fulfill its obligation to pay attention to safety, so it also has to bear certain responsibilities. There is nothing wrong with this accident, unless the other party is seriously speeding and you can't judge normally, but this kind of evidence is difficult to find.
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