PETITION FOR REVOCATION OF DRIVER’S LICENSE
ANTALYA CRIMINAL COURT OF PEACE ON DUTY
OBJECTOR :
TR ID NO:
ADDRESS :
VEKILI :
DEFENDANT :
SUBJECT OF OBJECTION : It is the request to object to the transaction regarding the revocation of the driver’s license for six months and imposing a fine of X TL.
TRANSACTION DATE : …/…/…
EXPLANATIONS :
1-) On x/x/x date, during the traffic control at time y, a measurement was made with a breathalyzer device and as a result, it was determined that I was x promil alcoholic and the transaction subject to the objection was established. As a result of the analysis performed on my blood sample taken by the Forensic Medicine Institution at z o’clock, which I was sent to upon my objection to the alcohol measurement, it was determined that the rate of alcohol in my blood was f promil.
2-) As a result of the determination made in paragraph 5 of Article 48 of the Highways Traffic Law No. 2918, drivers who are found to be driving with an alcohol level above 0.50 promillin, even if the act constitutes a crime, shall be imposed an administrative fine of 1340 Turkish Liras and the driver’s license shall be revoked for six months. Article 97 of the Road Traffic Regulation also stipulates that other drivers who are found to be driving under the influence of alcohol and whose blood alcohol content is above 0.50 prom. 50 promillin, drivers who have consumed alcoholic beverages and the amount of alcohol in their blood will be measured with a device, if the driver objects to the determination made with the device, his/her blood will be taken and sent to the police criminal laboratory to determine the amount of alcohol in his/her blood, and if it is not possible to analyze in police criminal laboratories, It is stated that the driver will be sent to forensic medicine centers and the nearest health institutions affiliated to the Ministry of Health that have the technical and medical facilities for the determination of the amount of alcohol in the blood, and in cases where the amount of alcohol in the blood cannot be determined in the laboratory with technical devices and by taking blood, drivers who are found to be driving under the influence of alcohol will be referred to the nearest official health institution and undergo a routine alcohol examination by the physician of this institution.
As a result of the procedure applied in accordance with the relevant law and regulation, it will be clearly seen that my alcohol level did not exceed the legal limit. Despite this, the administrative fine and confiscation of the driver’s license was unjust and unfounded. The opinion of the Court of Cassation on this issue is as follows;
Court of Cassation 12th Criminal Chamber 2016/3381 E. , 2016/9737 K.
“The judgment regarding the conviction of the defendant for the offense of endangering traffic safety was appealed by the defendant, the file was examined and the necessity was considered:
Article 179/3 of the Turkish Penal Code No. 5237 states that the offense of driving a vehicle under the influence of alcohol or drugs or for any other reason by a person who cannot drive “in a safe manner” is a crime that can be committed with intent. Although the mere use of alcohol and drugs is not sufficient for the occurrence of this offense
Forensic Medicine Institute 5th As consistently emphasized in the reports of the Specialized Board; a driver traveling in traffic under the influence of alcohol, regardless of the level of alcohol concentration, may pose a risk to varying degrees in terms of traffic safety, although it shows individual differences, but whether this situation is at a level to pose a danger, therefore, if the driver drives at the level of alcohol under the influence of the driver, whether the individual has lost the ability to drive safely or not, and whether it is possible to determine the individual’s driving license at that moment by evaluating the medical data for the detailed internal examination of the individual’s neurological, ophthalmological and general condition such as attention, perception, balance, reflex, psychomotor and neuromotor coordination, ophthalmological and general condition such as nystagmus, accommodation, vision,
However, even if such a determination has not been made, it should be scientifically accepted that an alcohol level higher than 100 promille, which can eliminate individual differences, will cause the loss of the ability to drive safely; In the case examined in the file examined; with the vehicle under the control of the defendant …, who was 57 promille alcoholic in the report taken two hours after the incident, the motorcycle under the control of the defendant …, who was 57 promille alcoholic in the report taken two hours after the incident, was traveling at night on a double-directional straight road, which was outside the residential area, 8. 4 meters wide, two-way straight road with no lighting at night time, the motorcycle driven by the other defendant, who was in the opposite lane, who was 248 promil alcoholic, violated the lane and the motorcycle’s headlight was not lit with the statement of the defendant …, the defendant …, who was driving in his own lane, hit the front left part of the vehicle of the defendant …. with the front left part of the vehicle,
In the incident where 1 person was injured with a bone fracture as a result of hitting the front part of the motorcycle driven by the other non-appellant defendant …., there was no fault to be attributed to the defendant …. who was traveling in his own lane, the other non-appellant defendant …. was fully at fault in the incident that occurred, considering that the amount of alcohol in 1 hour fell between 0.12-0.20 promil, the defendant …. ‘s blood alcohol level was below 100 at the time of the incident, and considering that there is no other evidence or determination that the defendant has lost the ability to drive safely, it is inappropriate to decide to convict the defendant as written instead of acquitting the defendant, and since the defendant’s appellate objections are deemed appropriate in this respect, the judgment is hereby reversed in accordance with the Article 321 of the Code of Criminal Procedure No. 1412, which is still in force pursuant to Article 8 of the Law No. 5320 for this reason. It was unanimously decided on 08/06/2016 to VACATE the verdict in accordance with the request in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is still in force in accordance with Article 8 of the Law No. 5320.”
As it can be seen in the decision of the Court of Cassation above, when the alcohol content measured with a breathalyzer is evaluated according to the parameter of decrease per hour, it remains below the legal limit. It has become necessary to file an objection for the annulment of the transaction in question, which was established in violation of the provisions of the law and regulations.
LEGAL GROUNDS : 2918 S. Law Art. 48, Highway Traffic Regulation Art. 97
CONCLUSION AND REQUEST : For the reasons I have stated above, I respectfully request that the transaction regarding the revocation of the driver’s license for six months and imposing a fine of x TL, which was established by the defendant administration on x date, be canceled, and that the trial expenses and attorney fee be charged to the defendant. …/…/…
Appellant
ANNEXES :
1-) Traffic control branch directorate, … Traffic Supervisor’s Office dated …/…/…
Photocopy of the traffic fine report with serial number EM, …, all kinds of legal evidence
2-) Forensic Medicine Institute report
3-) One approved power of attorney sample
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