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Useful. According to the Criminal Law, a driver who drives a motor vehicle while intoxicated commits the crime of dangerous driving and is punishable by criminal detention of up to six months and a fine.
As far as defense lawyers are concerned, their duty is to submit materials and opinions on the innocence of criminal suspects or defendants, minor crimes, or mitigation or exemption from criminal responsibility on the basis of facts and law, and to protect the procedural rights and other lawful rights and interests of criminal suspects or defendants.
Therefore, if a party entrusts a lawyer to defend the case, the lawyer may submit a defense opinion in favor of the client on the basis of specific facts and the corresponding legal provisions, and strive for a lighter punishment for the client, and if the circumstances of the crime are relatively minor, a suspended sentence may also be sought.
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It is not necessary for a driver to hire a lawyer if he is suspected of drunk driving, and whether or not a criminal suspect or his family member hires a lawyer will not affect the normal investigation process of a criminal case. However, if a lawyer is hired as the defender, the penalty may be reduced if the defense is successful.
Legal basis] Article 133-1 of the Criminal Law.
Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:
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.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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If the perpetrator is caught driving drunk, there is no need to hire a lawyer, and if the drunk driving does not cause a major traffic accident, he is generally sentenced to criminal detention. However, if the matter is serious, a lawyer is needed to defend the case, and a lawyer can be hired to reduce the sentence.
Article 133 of the Criminal Law: Whoever drives a motor vehicle on a road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Summary. Legal basis: Article 133-1 of the Criminal Law Anyone who drives a motor vehicle on a 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.
If drunk driving causes a major traffic accident and causes a serious person to sell his skin, asking a lawyer can only reduce the punishment, and it will not be acquittal, if it is the opposite, there is no need to ask a lawyer, and he will be sentenced to criminal detention. So, the best thing to do is to obey the traffic rules and not defy the law.
Legal basis: Article 133-1 of the Criminal Law 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, and the circumstances are bad and repentant; 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; Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
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Lawyer's analysis: Before there is wisdom, drunk driving constitutes a crime. As far as defense lawyers are concerned, their duty is to submit materials and opinions on the innocence of criminal suspects or defendants, minor crimes, or mitigation or exemption from criminal responsibility on the basis of facts and law, and to protect the procedural rights and other lawful rights and interests of criminal suspects or defendants.
Therefore, if a party entrusts a lawyer to defend the case, the lawyer may submit a defense opinion favorable to the client on the basis of specific facts and corresponding legal provisions, and strive for a lighter punishment for the client, and if the circumstances of the crime are relatively light, they may also strive for a suspended sentence.
Legal basis]:
Criminal Procedure Law of the People's Republic of China》 Article 37: The responsibility of a defender is to submit materials and opinions on the basis of facts and law to clarify the suspect's or defendant's innocence, that the crime is minor, or that their criminal responsibility is mitigated or exempted, and to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.
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