Residual alcohol intoxication punishment

Residual alcohol intoxication: is it possible to avoid deprivation of rights?

The decision on punishment is made by the court. Therefore, it is necessary to take into account the specific circumstances of the case. Mitigating circumstances are Article 4.2 of the Code of Administrative Offenses of the Russian Federation Circumstances mitigating administrative liability

1. The following circumstances are recognized as mitigating administrative liability:
1) repentance of the person who committed the administrative offense;
2) voluntary cessation of unlawful behavior by the person who committed the administrative offense;
3) voluntary reporting by the person who committed the administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about the administrative offense committed;
4) assistance by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense in establishing the circumstances to be established in the case of an administrative offense;
5) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense;
6) voluntary compensation by the person who committed the administrative offense for the damage caused or voluntary elimination of the damage caused;
7) voluntary execution, before a decision is made in a case of an administrative offense, by a person who has committed an administrative offense, of an order to eliminate the violation issued to him by the body exercising state control (supervision);
8) committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;
9) commission of an administrative offense by a minor;
10) commission of an administrative offense by a pregnant woman or a woman with a young child.
2. A judge, body, official considering a case of an administrative offense may recognize as mitigating circumstances not specified in this Code or in the laws of the constituent entities of the Russian Federation on administrative offenses.

3. This Code may provide for other circumstances mitigating administrative liability for the commission of certain administrative offenses, as well as specifics for taking into account circumstances mitigating administrative liability when imposing an administrative penalty for committing certain administrative offenses.