Law

Lesson 2: Zero tolerance for all violations

Legal Reporters Group DNUM_CDZAGZCACE 12:31

Nowadays, the awareness of “Don’t drive after drinking alcohol” has become a clear habit among the people. However, there are still cases of non-compliance with regulations, non-cooperation when checking alcohol concentration, even reckless behavior such as driving cars in the opposite direction, ramming straight into traffic police...

Kiểm soát xử lý vi phạm nồng độ cồn - cover-2
Kiểm soát xử lý vi phạm nồng độ cồn - b2-tit1

At the alcohol concentration checkpoint on National Highway 1A, at Km 418, through Dien Hong Commune (Dien Chau) of Dien Chau Traffic Police Station at noon on May 20, 2024; The working group of the traffic police force requested the driver of the car with license plate 29A-99xxx to stop the car and comply with the alcohol concentration test according to regulations. However, this man not only did not cooperate but also loudly insulted.

When the traffic police showed a resolute attitude, the man lowered his voice, took out his phone and called his relatives, "forcing" the officer in the task force to answer the phone. However, the officer in the task force firmly refused, did not answer the phone and persuaded the driver to measure his alcohol concentration. At this time, the man held the device in his mouth and refused to blow. It was not until the traffic police demonstrated that he blew properly so that the machine could give the result, with an alcohol concentration violation of 0.352 mg/liter of breath. It is worth mentioning that even though the force had written a record of the violation, this driver continued to linger and call for help, and only signed it after a long time.

Một đối tượng cố tình không chấp hành yêu cầu kiểm tra nồng độ cồn của cảnh sát giao thông.
A case of deliberately not complying with the traffic police's request to check alcohol concentration. Photo: Le Thang

Many traffic police officers and soldiers said that alcohol concentration testing is quite complicated. In fact, not only are there acts of reporting checkpoints and avoiding checkpoints publicly on social networks, but at times when the functional forces carry out inspections, some violators also have acts of resistance, insults, and non-compliance with inspections... For example, the case of Mr. NVT (born in 1987), residing in Quynh Phuong ward, Hoang Mai town.

Accordingly, on the evening of February 8, 2024, Mr. T. drove car with license plate 37H.065.xx on Tran Thanh Tong Street, Quynh Phuong Ward. When the Hoang Mai Town Police Working Group performed the task of checking alcohol concentration and signaled to stop the car and asked Mr. T. to measure alcohol concentration, he did not comply and used insulting words to the authorities. At the time of the inspection, this driver could not present a driver's license, did not bring the vehicle registration and the certificate of technical safety and environmental protection inspection. For the act of not complying with the request to check the alcohol concentration of the person performing the duty, driver T. was fined 35 million VND; the penalty for driving a car without a driver's license was 11 million VND; the penalties for not bringing the vehicle registration and inspection certificate were each fined 300,000 VND.

Gọi điện thoại cầu cứu người thân
A violator is calling for help from relatives. Photo: Le Thang

Not only are there acts of reporting checkpoints and avoiding checkpoints publicly on social networks, but at times when the authorities conduct inspections, some violators also have acts of resistance, insults, and non-compliance with inspections...

In fact, because of driving under the influence of alcohol, often losing control of behavior and speech, many people have cursed and insulted officers and soldiers on duty. There have even been cases of threats; or claiming to be working at agency A, agency B, knowing this person or that person to create pressure... According to traffic police officers and soldiers, in any case, when alcohol concentration testing is detected, all will be handled "no forbidden areas, no exceptions". Therefore, among the cases that were punished, many violators are party members, working in the armed forces, drivers for leaders of sectors and localities... For example, at 20:55 on September 23, 2023, the Working Group of the Ministry of Public Security directly inspected and handled alcohol concentration violations in Vinh city and discovered a driver with a blue license plate violating. It was a blue car with license plate 37A - 000.XX, driven by driver Le Xuan Hung in Tuong Duong district. At the time of inspection, driver Hung had an alcohol concentration of 0.173 mg/liter of breath.

According to the authorities, not only do they put pressure, resist, and insult, many violators also have reckless and daring behaviors such as driving their cars in the opposite direction, or ramming the traffic police when asked to stop for an alcohol test.

Đại tá Trần Ngọc Tuấn- Phó Giám đốc Công an tỉnh chia sẻ, động viên và tặng quà Trung tá Hoàng Quang Vinh; Hiện trường sự việc khiến Trung tá Hoàng Quang Vinh bị gãy chân (ảnh nhỏ). Ảnh Văn Hậu - CSCC
Colonel Tran Ngoc Tuan - Deputy Director of the Provincial Police shared, encouraged and presented gifts to Lieutenant Colonel Hoang Quang Vinh; The scene of the incident that caused Lieutenant Colonel Hoang Quang Vinh to break his leg (small photo). Photo: Van Hau - CSCC

For example, at around 9:00 p.m. on May 15, 2024, a working group of the Traffic Police Team of Nghi Loc District Police on duty on National Highway 48E, passing through Nghi Thach Commune (Nghi Loc), discovered a young man driving a motorbike without a helmet and showing signs of alcohol use, so they signaled him to stop for inspection. However, the young man did not comply with the order and drove straight into the working group, causing Lieutenant Colonel Hoang Quang Vinh to break his leg.

After the incident, the task force quickly took Lieutenant Colonel Hoang Quang Vinh to the Nghe An Trauma and Orthopedics Hospital for emergency treatment; at the same time, they controlled and brought the subject to the district police headquarters to assist in the investigation. Here, the subject declared his name as Le Thanh Hoang (born in 1996), residing in Nghi Thinh commune, Nghi Loc district. Before driving the car into the task force, the subject had consumed alcohol and beer. Currently, Nghi Loc district police are temporarily detaining the subject to investigate and clarify the act of resisting a person on duty.

Đối tượng Lê Thanh Hoàng. Ảnh Văn Hậu
Subject Le Thanh Hoang. Photo: Van Hau

Previously, at around 8:00 p.m. on January 21, 2024, a working group of the Traffic Police Team, Vinh City Police, was patrolling and handling alcohol violations at Km464+800, National Highway 1A (Tran Phu Street, Vinh City) and discovered a red car with license plate 37K-270.92 moving on the road with signs of alcohol violations. When Captain Nguyen Minh Thong signaled for the car to slow down and guided it into the alcohol testing lane, the driver did not comply but reversed the car, then turned around and drove in the opposite direction. Notably, when the working group approached, the driver of the vehicle did not stop but drove straight into the working group members. When the car fled to Chu Van An Street, it was stopped by the checkpoint force, arrested and taken to Vinh City Police Headquarters to make a record and arrest the offender for resisting a person on duty. Through alcohol testing, the functional force determined that the driver of the car, Phan Cong Doan, had violated the alcohol concentration level at 0.399 mg/breath.

Đối tượng Phan Công Đoàn tại cơ quan Công an. Ảnh: Minh Khôi
Subject Phan Cong Doan at the police station. Photo: Minh Khoi

Through the above incidents, many people believe that the act of driving after consuming alcohol and then running away when discovered, or crashing straight into the traffic police force should be strictly handled. "These are acts that cannot be justified by any reason, but are acts of hooliganism that disregard the law and the lives of others" - Mr. Vo Quy Hoang, a resident of Vinh city said.

Kiểm soát xử lý vi phạm nồng độ cồn - b2-tit2

Lieutenant Colonel Nguyen Nam Hong - Deputy Head of the Traffic Police Department of the Provincial Police, said: From the beginning of 2024 to now, in Nghe An province, during the implementation of the alcohol concentration topic, there have been 5 cases of resisting law enforcement officers, of which 4 cases have been prosecuted, 8 subjects and 1 subject is currently being detained.

The reason for the acts of resisting law enforcement officers in general, and traffic police during alcohol testing in particular, comes from the lack of understanding and inadequate awareness of the law by a part of the population, especially young people. Those who resist consider being punished as a loss and frustration, without thinking that the authorities are handling the violation to ensure the safety of themselves and those around them. Not to mention a part of the youth are hooligans, due to previous use of alcohol and beer, so they cannot control their behavior.

Ngân Văn Hùng (giữa), trú tại xã Nậm Giải, huyện Quế Phong đã không chấp hành và có hành động chống đối, điều khiển phương tiện tiến về phía trước đâm vào xe của Tổ công tác khiến xe đổ xuống đường, làm 1 đồng chí CSGT bị thương, sau đó tăng ga bỏ chạy. Ảnh tư liệu: Ngọc Anh
Ngan Van Hung (middle), residing in Nam Giai commune, Que Phong district, did not comply and acted in defiance, driving his vehicle forward and crashing into the working group's vehicle, causing the vehicle to fall onto the road, injuring a traffic police officer, then accelerated and fled. Photo: Ngoc Anh

Accordingly, the protesters not only used insulting and abusive words, but also committed increasingly reckless acts such as driving cars in the opposite direction, ramming their cars straight into traffic police, causing psychological stress in the force, and anger and resentment in public opinion.

Regarding this issue, Mr. Phan Huy Chuong - Deputy Head of the Provincial Traffic Safety Committee, said: Regardless of the cause, the act of not complying with requests and opposing law enforcement officers is a violation of the law and must be strictly handled.

Such acts threaten the safety and lives of law enforcement officers on the road. If they continue to occur, they will set a bad precedent, causing road users to disregard and challenge the law.

Mr. Phan Huy Chuong - Deputy Head of the Provincial Traffic Safety Committee

Đội CSGT-TT Công an TP. Vinh xử lý trường hợp vi phạm nồng độ cồn. Ảnh: Đ.C
Traffic Police Team of Vinh City Police handles a case of alcohol concentration violation. Photo: D.C.

Dr. and Lawyer Trong Hai - Director of Trong Hai & Associates Law Firm, said that driving into the police force is a dangerous act that the subject knows in advance that it can lead to death but still deliberately commits. Therefore, in addition to applying strict penalties when traffic participants do not comply with the request to check alcohol concentration as prescribed in Decree 100, it is necessary to consider criminally handling the subjects according to the regulations.

Specifically, in serious cases, if all elements of a crime are present, the offender may be prosecuted for resisting a person on official duty as prescribed in Article 330 of the Penal Code with a maximum penalty of up to 7 years in prison. These cases also need to be brought to mobile trials in residential areas for general education and deterrence. In addition, the relevant authorities need to consider increasing the penalty level compared to current regulations.

Đội CSGT- TT Công an TP. Vinh luôn duy trì các tổ công tác để kiểm tra xử lý
The Traffic Police Department of Vinh City Police always maintains working groups to inspect and handle violations of alcohol concentration. Photo: D.C.

Colonel Tran Ngoc Tuan - Deputy Director of Nghe An Provincial Police said: To limit the risk of traffic accidents and gradually form and build a traffic culture of "don't drive after drinking alcohol". In the coming time, plans to patrol, control and handle violations of alcohol concentration will continue to be regularly deployed. For cases of intentional non-compliance with inspection requests, resistance, affecting the health and life of law enforcement officers, the Provincial Police will request units to conduct investigations, complete full records, and strictly handle them in accordance with the provisions of law.

(To be continued)

Legal Reporters Group