Will abandoning the vehicle and not signing the report after violating alcohol concentration be subject to two penalties?

NGUYEN HIEN(Hai Duong City)

Reply:

Article 6 of Decree No. 100/2019/ND-CP (amended and supplemented by Decree No. 123/2021/ND-CP) stipulates that motorcyclists who violate alcohol concentration will be fined from 2-8 million VND (depending on the alcohol concentration measured by the traffic police).

On the other hand, in case the violator intentionally refuses to sign the record, the authorities have the right to create a record and handle the case if it is proven that the driver did not cooperate (with evidence to prove it).

Specifically, if a motorcyclist violates the alcohol concentration limit and leaves the vehicle behind and does not sign the violation report, he/she may be fined VND 4-6 million for individuals (VND 8-12 million for organizations) for obstructing or failing to comply with the request for inspection and control by law enforcement forces as prescribed in Clause 9, Article 11 of Decree No. 100/2019/ND-CP.

From the above regulations, her son can be punished for 2 acts:

1. Violation of alcohol concentration when driving a motorbike.

2. Abandoning the vehicle and not signing the minutes (this can be considered an act of obstruction or failure to comply with the request for inspection and control by the officer on duty).