MAGISTERS / DRIVER DEFENCE
Article 130 Administrative Offence Lawyer in Ukraine
We Will Challenge the Allegations Under Article 130
Have the police issued a report alleging alcohol or drug impairment, or refusal to undergo testing? We will seek to have the proceedings dismissed and defend you against fines and disqualification from driving. Contact a lawyer – we will discuss the circumstances, assess the basis of the allegations and determine the next steps.
KHARKIV · KYIV · ODESA · REMOTE ASSISTANCE
12+ Years of Legal Practice · Written Engagement Agreement · Court and Appeal Representation
WHEN TO ACT
Issued an Article 130 Police Report? Examine the Grounds for the Allegation
Liability under Article 130 is serious, but police reports are not conclusive proof of guilt. The sooner a lawyer reviews the report, body-camera footage and testing documents, the better the opportunity to examine the full circumstances of the case.
01
A Police Report Has Been Issued
We examine the circumstances of the stop, the report and its attachments, and identify evidence that should be requested without delay.
02
A Court Hearing Has Been Scheduled
We prepare the legal position, applications and motions, review the case materials and represent your interests in court.
03
The Court Has Already Disqualified You from Driving
We assess the grounds for appealing the court ruling. As a general rule, the appeal deadline is 10 days from the date the ruling is issued.
Do not leave your enquiry until the day of the hearing. Tell us what the report says, whether you underwent testing, and whether video footage is available.
ARTICLE 130 DEFENCE PRACTICE
The Allegations We Defend Against
In impaired-driving cases, what matters is not a standard defence template but the specific circumstances and evidence.
01
Alcohol Impairment
We examine the grounds for requiring a test, the breathalyser procedure, device records, test results and video footage.
02
Refusal to Undergo Testing
We establish whether testing was properly offered, whether the prescribed procedure was followed and what was actually recorded.
03
Drug Impairment
We examine the referral to a medical facility, transfer times, medical documentation, laboratory tests and the final medical opinion.
04
You Were Not Driving
We examine evidence of actual driving: footage, the vehicle’s position, witness statements and the sequence of events.
05
Video Contradicts the Police Report
We compare police statements with body-camera and other footage, looking for inconsistencies, gaps and unrecorded actions.
06
Repeat Proceedings and Appeals
We assess which part of Article 130 applies, previous rulings, penalties, deadlines and grounds for review.
THREE CRITICAL QUESTIONS
What Can Change the Outcome of an Article 130 Case?
We do not assume that a police report is correct. We first examine whether the police case stands up to scrutiny under the facts and the law.
FACT
Was Driving Actually Proven?
Being near a vehicle or seated in the driver’s seat must be assessed in light of all the circumstances. The court must consider relevant evidence.
PROCEDURE
Was the Testing Procedure Lawful?
We examine the grounds, location, sequence, equipment, medical procedure and compliance with Article 266 of the Code of Ukraine on Administrative Offences.
EVIDENCE
What Does the Video Actually Show?
It is not just isolated phrases in the report that matter, but the entire interaction, the offer of testing, the driver’s response, and the continuity and content of the recording.
THE EVIDENCE MATTERS MORE THAN THE WORDING
Video Footage May Tell a Very Different Story
The report states that the driver refused testing. The video, however, may show something different: consent to testing, no proper offer, disagreement with a result, or significant gaps in the recording.
We compare the footage with the report, referrals, examination records and witness accounts. Where grounds exist, we challenge whether the offence and its elements have been proven and whether the evidence is admissible and reliable.
VIDEO EVIDENCE REVIEW
More Than Simply “Watching the Footage”
01 / Initial Contact. Was the person driving, what prompted the check, and which signs were identified?
02 / Offer of Testing. What exactly did the officer offer, what explanations were given, and how did the driver respond?
03 / Procedure and Records. Do the video, timestamps, report, referral, examination record and official conclusions match?
04 / Court Representation. We prepare objections, motions, questions and legal submissions based on the inconsistencies identified.
HOW THE DEFENCE WORKS
We Examine the Entire Allegation, Not Just Technical Errors
Every element of the alleged offence and every item of evidence deserves scrutiny. A minor police error does not always mean the proceedings will be dismissed. But a significant procedural breach, unreliable evidence or failure to prove driving may fundamentally change the legal assessment.
01
Police Report and Attachments
We cross-check the alleged facts, time, location, legal classification, signatures, statements and supporting documents.
02
Breathalyser and Measurements
We review how the device was used, the documentation, readings, permitted threshold and recording of the results.
03
Medical Examination
We examine the referral, timing, conditions of the examination and medical documentation.
04
Body Cameras and Other Video
We request and review full recordings, comparing them with one another and with the written evidence.
05
Witnesses and Statements
We examine where witness accounts came from, their consistency and factors that may affect their reliability.
06
Defence Evidence
We prepare motions, request additional information, develop the defence position and present it to the court.
WHAT IS AT STAKE
Article 130: Fines and Driving Disqualification
Where a driver is found liable under Part 1 of Article 130, the court imposes both a UAH 17,000 fine and a one-year driving disqualification. Other parts of the article provide for more severe consequences, including different types of penalties.
FIRST OFFENCE
UAH 17,000
Part 1: a fine and disqualification from driving for one year.
REPEAT OFFENCE
UAH 34,000
Part 2: another offence within one year; stricter penalties apply, including a three-year driving disqualification.
FURTHER REPEAT OFFENCES
UAH 51,000
Part 3: where the statutory conditions are met, a ten-year driving disqualification; vehicle confiscation may also apply.
Part 4 separately covers consuming alcohol or certain substances after a road traffic accident or a stop, before the point prescribed by law. Parts 2–4 also provide for alternative forms of penalty; the applicable sanction depends on the law and the circumstances of the case.
Can I Pay Only a Fine and Keep My Driving Licence?
For drivers under Part 1 of Article 130, that is not an option: the penalty includes both a fine and driving disqualification. Where the allegation is unfounded, the appropriate approach is to challenge liability itself and seek dismissal of the proceedings on statutory grounds. Other parts of the article carry different sanctions; the facts and legal classification require separate examination.
You can check the current provisions of Article 130 of the Code on the official Verkhovna Rada website.
FROM FIRST CONTACT TO COURT DECISION
How We Build an Article 130 Defence
Not a one-size-fits-all approach, but systematic work with the facts and evidence of your case.
01 / CONTACT
We Listen to Your Account
We establish the circumstances of the stop, what happened during testing, what was signed and which documents are available.
02 / REVIEW
We Examine the Evidence
We review the report, footage, breathalyser information and medical records, identifying inconsistencies.
03 / STRATEGY
We Develop the Defence
We identify legally significant breaches, evidence to obtain and motions to prepare.
04 / COURT
We Represent You in Court
We present the defence, participate in the examination of evidence and make reasoned procedural applications.
05 / OUTCOME
We Review the Court’s Decision
After the ruling, we assess the grounds and deadlines for an appeal if one is needed.
06 / SUPPORT
We Keep You Informed
We explain the progress of the case, material risks and the implications of procedural decisions.
ARTICLE 130 APPEALS
Disqualified from Driving by the Court? We Will Assess Whether the Ruling Can Be Overturned.
As a general rule, a judge’s ruling in an administrative offence case may be appealed within ten days of the date it was issued. A missed deadline can sometimes be justified, but reinstatement is not automatic.
On appeal, we examine the case file, how fully the evidence was considered, serious procedural breaches and the court’s reasoning. The sooner we receive the ruling and case materials, the sooner we can determine the next steps.
10
days to appeal, as a general rule
Article 294 of the Code of Ukraine on Administrative Offences. The date of the ruling, service of a copy and any grounds for restoring a missed deadline must be assessed in each case.
PROFESSIONAL LEGAL DEFENCE
We Will Seek Dismissal of the Proceedings Under Article 130
We pursue results by working with the evidence: checking whether the offence and its elements are established, whether testing was lawful, what the footage shows and whether the materials were prepared correctly. Where grounds exist, we ask the court to dismiss the proceedings. We represent drivers in Kharkiv, Kyiv, Odesa and other Ukrainian regions, subject to the circumstances of each case.
12+ Years of Legal Practice. Our experience helps us identify legally significant issues and develop a defence the client can understand.
An Agreement and Clear Stages. We first agree on the scope, work process and legal fees, then on the procedural strategy.
Direct Contact. You can begin with a brief conversation and share the documents you have through an agreed convenient channel.
Your Situation Deserves a Thorough Review. Do not allow a single police report to become the only account of what happened.
THE FIRST STEP TOWARDS YOUR DEFENCE
We Will Defend You Against Unfounded Allegations Under Article 130
Photograph or scan the police report and send it to a lawyer. We will review the documents, identify the circumstances and evidence that need checking and explain possible defence strategies.
If the court has already ruled, you can send us the ruling and case number instead of the police report.
Send Your Documents for Review
A photo of the report, its attachments and a short account of what happened is enough to begin. Include the city and hearing date, if known.
WHERE WE WORK
Article 130 Lawyers in Kharkiv, Kyiv and Odesa
We accept enquiries from all three cities and other regions of Ukraine. The initial consultation and document review may be handled remotely. Court representation is agreed with reference to the particular court and mode of participation.
KHARKIV
Article 130 Lawyer – Kharkiv
Defence in alcohol- and drug-impairment cases and alleged refusals to undergo testing; review of police footage and court representation.
KYIV
Article 130 Lawyer – Kyiv
Review of Article 130 case materials, preparation of legal submissions, representation in Kyiv courts and appeals.
ODESA
Article 130 Lawyer – Odesa
Legal assistance to drivers issued an Article 130 police report, review of testing procedures and representation in court.
DRIVERS’ FREQUENTLY ASKED QUESTIONS
Answers to Drivers’ Questions
Below are answers to questions we often receive after an Article 130 report has been issued. You may find your own question here.
However, a realistic assessment of a case depends on the actual materials: footage, testing procedure, documents and procedural stage.
To assess your own case, send us the police report and any available materials.
Can I Pay Only a Fine Under Article 130, Without Losing My Driving Licence?
For drivers under Part 1 of Article 130, no. The sanction combines a UAH 17,000 fine with a one-year driving disqualification. If the allegation is unfounded, liability itself must be challenged, rather than requesting that disqualification be replaced by a fine. Other parts of the article have different penalties.
Can Article 130 Proceedings Be Dismissed?
Yes, where statutory grounds exist, for example if the alleged offence or its elements have not been proven or other grounds for terminating the proceedings apply. The prospects depend on the evidence and circumstances of the particular case.
If I Refused a Roadside Test, Does That Automatically Mean an Article 130 Offence?
Not every situation described as a refusal automatically establishes the offence. It is necessary to determine whether testing was offered in accordance with the prescribed procedure, how the offer and response were recorded and what happened afterwards.
Can I Contest the Case If the Breathalyser Detected Alcohol?
The legality and accuracy of the entire procedure, the device documentation, readings, circumstances of testing and other evidence must be examined. A test result does not by itself remove the need to assess admissibility and reliability.
What If Someone Else Was Driving?
Proof of driving is a critical issue. A lawyer reviews footage, information about the driver, the position of the vehicle, statements and other evidence; the final determination is made by the court.
What Is the Fine Under Part 1 of Article 130?
For a driver under Part 1 of Article 130, the penalty is a UAH 17,000 fine together with a one-year driving disqualification. Other parts provide for more severe consequences.
Can I Appeal the Court’s Ruling?
Yes. As a general rule, an appeal must be filed within 10 days from the date the ruling was issued. If the deadline has passed, the grounds for restoring it must be assessed separately.
What Determines the Lawyer’s Legal Fees for an Article 130 Case?
Legal fees depend on the stage of the case, volume of materials, need to attend hearings and whether an appeal is required. We agree the specific terms after reviewing your circumstances and record them in the engagement agreement.
Can I Contact You from Outside Kharkiv, Kyiv or Odesa?
Yes. An initial discussion and document review are available remotely. Representation before the relevant court is agreed separately.
DO NOT LEAVE YOUR CASE UNDEFENDED
Let’s Defend Your Rights Together
Contact us by telephone, Telegram or WhatsApp. Let us know what stage the case has reached and whether a hearing date has been set. We will discuss your situation and explain where to start.
WHAT TO PREPARE
01. A photograph of the police report and any attachments you have.
02. Testing records, a breathalyser printout or a medical opinion.
03. A court summons, ruling or case number, if already available.
04. Your short account of events and information about available video footage.
MAGISTERS · Kharkiv · Kyiv · Odesa