Drunk driving for 6 months, pay 5000 deposit.

Drunk driving for 6 months, pay 5000 deposit.

I paid a deposit of 5,000 yuan for driving after drinking, so I can't drive after drinking. The criterion for judging drunk driving is that the alcohol content in the blood of the vehicle driver is greater than or equal to 20mg/ 100mL and less than 80mg/ 100mL. Let's take a look at drunk driving and pay a deposit of 5000 for 6 months.

1 After being caught by the traffic police for drunk driving and paying a deposit of 5,000 yuan for 6 months, the traffic police will let the driver go to the local hospital for blood test. If the circumstances are minor and there is no need to detain or arrest the drunk driver, the traffic police will directly summon him to bail pending trial. Generally, a guarantor or deposit is needed for bail pending trial, and a letter of guarantee is issued.

Procedures for applying for bail pending trial

1. application

Drunk driving suspects, their relatives and legal representatives have the right to apply for bail pending trial, and the application shall be submitted in writing on the spot.

2. Waiting for review

After the application for bail pending trial is filed, the public security organs, people's procuratorates, people's courts and other judicial organs will make a unified reply within 7 days. Those who agree to obtain a guarantor pending trial shall be signed by the corresponding judicial organ, requiring the criminal to put forward a guarantor or pay a deposit. If not, inform the applicant of the reasons for refusal.

3. Execution on bail pending trial

The public security organ is the executing organ for obtaining bail pending trial. At the time of execution, the public security organ shall read out the decision on bail pending trial to the criminal, ask the criminal to sign it, and inform the criminal of the regulations he should abide by during the period of bail pending trial.

After the drunk driving is released on bail pending trial, the public security organ will improve the evidence collected, and then hand over the relevant evidence data of the case to the procuratorate, which will help the drunk driving suspect to be released on bail pending trial again. The deposit will be directly used in the investigation stage of the public security organ and then handed over to the people's court for trial. The general court will sentence you to criminal detention 1 month but less than 6 months.

As for the amount of deposit to be paid for obtaining bail pending trial after drunk driving, it is necessary to determine the amount of deposit to be paid according to the social danger of the criminal suspect and defendant, the plot and nature of the case, the severity of possible punishment, the economic situation of the criminal suspect and defendant and the local economic development level. However, the general initial investment amount is 1000 yuan.

Pay a deposit of 5,000 yuan half a year after drunk driving. 2 According to the relevant provisions of the Road Traffic Safety Law, drunk driving and drunk driving are illegal acts, and they all have to pay a heavy legal price:

Drunk driving = suspension of motor vehicle driving license for 6 months+fine1000-2,000 yuan+full record 12 points.

Drinking and driving again = detention under 65438 +00 days+1000-2000 yuan fine+revocation of driver's license.

Serious traffic accidents caused by drinking and drunk driving constitute a crime = criminal responsibility shall be investigated+driver's license shall be revoked+driving ban for life.

Drinking and driving a motor vehicle = 15 detention+5,000 yuan fine+revocation of driver's license+failure to obtain a driver's license again within 5 years.

Drunk driving = mandatory sober up+revocation of driver's license+not getting a driver's license again within 5 years+criminal responsibility.

Drunk driving and operating a motor vehicle = constraint to drunkenness+revocation of motor vehicle driver's license+investigation of criminal responsibility+10 years+driving and operating a motor vehicle after re-obtaining the driver's license.

In our country, the illegal act of drunk driving, no matter whether the circumstances are bad or not, is convicted of "dangerous driving crime", sentenced to criminal detention 1 to 6 months, and fined.

economic cost

The economic cost of drunk driving may make you lose everything in minutes:

Insurance does not pay. Article 6 of the Insurance Law stipulates that the insurer shall not be liable for the loss of the insured vehicle for any reason under the following circumstances: (4) The driver uses the insured vehicle after drinking, taking or injecting drugs or being anesthetized.

If the driver's drunken car accident causes the victim's property loss, the compulsory insurance company has the right to recover from you after assuming the responsibility of compensation for the loss of the victim's personal rights and interests. This needs to be borne by yourself and your family, because your drunk driving behavior has implicated your family, which is not worth the candle!

Huge compensation. Traffic accidents caused by drunk driving will aggravate the responsibility in traffic accidents. If one person dies, he shall bear relevant compensation to the family of the deceased.

20 18 compensation standard for traffic accidents caused by drunk driving, taking Shanghai as an example: death compensation: town = 1, 25 1, 920 yuan (the highest), which does not include funeral expenses and living expenses of dependents. If it is a settlement, the cost may be higher, and compensation will be made according to the requirements of the victim's family.

Workplace cost

Lawyers and doctors hang certificates. According to Article 49 of the Lawyers Law, "If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.

Company employees and employers have the right to terminate the labor contract. Article 39 of the Labor Contract Law of People's Republic of China (PRC) stipulates that if a worker is investigated for criminal responsibility according to law, the employer may terminate the labor contract.

Citizens can't join the party, and they can't apply for national civil servants.

Being a soldier or applying for military school can't pass the political examination.

Drivers engaged in taxi, truck, passenger vehicle and other operating industries are in danger of unemployment, especially drivers who are drunk driving will be banned from operating for life.

As a legal representative, it is impossible to successfully apply for a business license. The Regulations on the Administration of Registration of Legal Representatives of Enterprises stipulates that a person who is being punished or subjected to criminal compulsory measures shall not be the legal representative, and the enterprise registration authority shall not approve the registration.

The legal inspection and public officials are open. According to the regulations, public officials in party member and the state will be punished by traffic laws and regulations, and will also be notified to the discipline inspection and supervision organs for disciplinary investigation.

Drunk driving a motor vehicle constitutes a dangerous driving crime stipulated in Article 133 of the Criminal Law. Paragraph 2 of Article 38 of the Constitution of the Producers' Party of China stipulates: "party member who has seriously violated the criminal law must be expelled from the Party." Paragraph 1 of Article 33 of the Regulations on Disciplinary Actions of Producers of China * * * stipulates.

"If he is sentenced to the principal punishment (including probation) stipulated in the Criminal Law for intentional crime, he shall be expelled from the Party". Article 17, paragraph 2, of the Regulations on Punishment of Civil Servants of Administrative Organs stipulates: "Civil servants of administrative organs who are sentenced to punishment according to law shall be dismissed." Therefore, if the drunk driving standard is met, according to the above provisions, the party membership and public office should be expelled.

It should be noted that party member cadres who are exempted from criminal punishment for drunk driving should also be dismissed from their posts in the Party according to the Regulations on Disciplinary Actions in the Communist Party of China (CPC).

time cost

The time cost of drunk driving is huge. If you drink or drive after drinking for the second time, even if there is no accident, you will lose your personal freedom and face the criminal punishment of administrative detention for up to 15 days or criminal detention for up to 6 months. If the accident constitutes a crime of causing traffic accidents, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Those who escape or have other bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Family cost

Drunk-driving offenders will be investigated for criminal responsibility, and the whole family will bear a huge psychological burden, especially for minor children.

The perpetrators of drunk driving violations will be investigated for criminal responsibility, and the whole family will bear a huge psychological burden for them. It is particularly easy to cast a shadow over the children at home, because parents are sentenced for drunk driving, and the criminal record is accompanied by a lifetime. Children are more or less restricted in applying for civil servants, attending military and police schools, and joining the party.

social cost

Because of the far-reaching consequences of drunk driving accidents, countless families are broken, family injuries after injury, family injuries after disability and family injuries after death, which have an impact on social harmony and stability.

other charges

Mental cost, once drunk driving is investigated, mental torture is inevitable, because they will face various punishments.

"Drunk driving" will be included in personal credit records, and loans and consumption may be restricted. The public security organ will connect with the credit management department of the municipal government, timely transmit the information and punishment data of the offenders who investigate and deal with "drunk driving", and incorporate them into personal credit records to form a joint disciplinary mechanism.

Affect the visa for going abroad. Drunk driving has been included in the criminal law, which will leave a criminal record for the parties, so it will affect the political examination. To apply for an immigrant visa, you need to provide proof of no criminal record, otherwise you will be refused.

Finally, I want to remind you that even if you don't drink and drive, it may constitute a dangerous driving crime. Generally, there are the following situations:

In the process of drinking, the actor knows that the driver must travel by car, but he still tries his best to persuade him to drink or intimidate or stimulate him to drink, and does not arrange a driver for him after drinking.

The perpetrator knowingly instigated, coerced or ordered the driver to drive a motor vehicle.

The act of lending a motor vehicle to a borrower when the owner of the motor vehicle knows that the borrower is drunk and asks to drive the motor vehicle.

The difference between paying 5000 deposit for drunk driving and not paying deposit after 6 months. How long will the traffic police team refund the drunk driving deposit?

Many drivers who are caught by the traffic police after drunk driving generally need to go through the relevant procedures such as bail pending trial after trial, and they need to pay a bail of 10000 yuan to avoid being detained immediately. You will be detained if you don't pay the deposit, but you can provide a guarantor, otherwise you can't apply for bail pending trial. So it makes no difference whether to pay the deposit or not, just provide a guarantor.

How long will the drunk driving deposit of the traffic police team be refunded?

According to the relevant regulations, after the trial of the case is completed, or after the parties are released on bail pending trial, the public security organ shall take the initiative to notify the parties or close relatives to handle the deposit refund procedures. If the public security organ fails to notify in time, it shall be handled by the parties concerned or their close relatives, and the relevant personnel may also take the initiative to apply to the relevant departments for a deposit refund decision. Relevant personnel can make a decision to refund the deposit to the bank to collect the refunded deposit.

If it is not, it will be returned, but the specific time needs to be decided according to the processing time of the local traffic police department. Many times, it is because the system of the traffic police department has not been handled properly, so it cannot be returned in time. But it will not exceed 12 months at the longest. Generally, you can go through the refund procedure in about 2 months, but don't worry, the deposit will eventually be refunded and the relevant departments will not withhold it.

Guarantor's request for post-bail trial

1. A guarantor on bail pending trial cannot be associated with a drunk driving case, otherwise it cannot be used as a guarantor.

2. The guarantor needs to be able to perform the guarantee obligations.

What is needed is a natural person who enjoys political rights and has unlimited personal freedom.

4, and need to have a fixed residence and a fixed income.