How can drunk driving fight not to be detained?

Driving while intoxicated will constitute the crime of dangerous driving, and if a drunk person does not want to be criminally detained, he can apply to the public security organ for release on bail pending further investigation.

Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Criminal Law of the People's Republic of China

Article 133-1 [Crime of Dangerous Driving] Whoever 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;

4) 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 trial and sentencing.

Through the above analysis, it is known that according to the provisions of the Criminal Procedure Law, if a person who does not want to be criminally detained after being investigated and punished for drunk driving, the person concerned may apply to the public security organ for release on bail pending further investigation.

I said that drunk driving has occurred, and it is generally not okay not to be detained, unless you come up with some evidence of not being detained, such as having a serious physical illness, etc., otherwise you have to follow all the regular procedures, so if you ask for leave, you will be detained for 6 months.

The traffic police must be punished according to the law, and they will have to pay the price for their mistakes. If you can't do it, you won't be detained.

Driving while intoxicated already constitutes the crime of dangerous driving, and it is impossible not to be detained. According to article 67 of the Criminal Procedure Law of the People's Republic of China, the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants with relatively minor circumstances on bail pending further investigation.

1. In the case of criminal detention, the general criminal case is three days for the public security and seven days for the procuratorate. Under special circumstances, the time for the public security organ to submit a request for review and approval may be extended to 1 4 days, and the 7 days for the procuratorate is about 11 days in total. If a major criminal suspect who has committed a crime on the go, has committed a crime multiple times, or has committed a crime in a gang, the time period for review and approval can be extended to 30 days, and the 7 days of the procuratorate will be 37 days for a total of 37 days.

2. Judicial detention is decided by the people's court, and the maximum time for enforcement by the people's court is 15 days, and the procuratorate will generally review and prosecute, and this kind of case will generally not take too long at this stage, and it will take 10 days and half a month to the court, and then the court will review the case for a total of about a judgment time. In short, one place, one rule.

Unable to fight for it, the traffic police acted in accordance with the law. If you know today, why bother in the first place!

How is it possible for drunk driving to fight for the impossible without sentencing. Suspected of dangerous driving is not sentenced there.

If a suspended sentence is applied to drunk driving, he may not be detained. According to the provisions, a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if they meet the legal requirements at the same time, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women, and persons who have reached the age of 75, and criminal suspects who are driving while intoxicated have been given a suspended sentence, they may not be detained.

Legal basis. Article 72 of the Criminal Law of the People's Republic of China.

Criminals sentenced to short-term detention or fixed-term imprisonment of less than three years may be given a suspended sentence if the following conditions are met at the time of the same bank's death, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no danger of committing the crime of finger reciprocation;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific people during the probationary period of the suspended sentence.

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An application may be made to the public security organs for release on guarantee pending further investigation. As long as the conditions are met, they can apply to the case-handling organ for release on guarantee pending further investigation, and the case-handling organ will decide whether to implement the release on guarantee pending further investigation. Where the conditions for release on guarantee pending further investigation are met, Bihe first allows the criminal suspect or defendant or their legally-designated persons, close relatives, or defenders to submit an application for release on guarantee pending further investigation to the case-handling organs.

Where, after review by the case-handling organs, release on guarantee pending further investigation is agreed, the applicant shall provide a guarantor guarantee to the case-handling organs.

Legal basis] Article 67 of the Criminal Law of the People's Republic of China, the people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.