Becoming a lawyer starts with raising a Xiezhi

Chapter 251 Dangerous driving
"How long does it take to drive on the road after drinking alcohol?" Meng Lang called the lawyers in the firm to sit together and analyze Qiu Xuanxiang's matter.

Both Liu Hu and Shao Haibo knew about this, and each of them sat there thinking about it. The establishment of the crime of dangerous driving has changed the fate of many people.

For ordinary people, this crime is indifferent, because its sentence is very short, at most it is a sentence of criminal detention, but it has a great impact on people with public office status or professions such as lawyers.

Lawyer Chai Lang also attended the meeting, and Meng Lang asked him to speak first. Chai Lang frowned slightly and said, "This Lawyer Xiaoqiu, why is he so careless? After drinking at night, don't drive in the morning. He doesn't have the slightest sense of vigilance." .”

This is true. People who drive often know that drinking at night can easily lead to drunk driving in the morning. Qiu Xuanxiang has bought a car for half a year, and he never thought he would make this mistake again.

But what's the use of saying this, the matter has already happened, and now the key is to find a solution.

After Chai Lang said this, he went on to say: "There is a controversy about the crime of dangerous driving. Is it an intentional crime or a negligent crime? If it is a negligent crime, it will not affect Lawyer Xiaoqiu's lawyer's certificate. It is time to apply to the Bureau of Justice to revoke Lawyer Xiaoqiu's lawyer's certificate under the premise of disputes."

Lawyer Chai Lang has social experience, so he directly talked about this issue and discussed it for a long time. In fact, the focus was on whether Qiu Xuanxiang's lawyer certificate would be revoked.

Meng Lang listened and said: "It is indeed controversial whether the crime of dangerous driving is intentional or negligent, but if the Justice Bureau does not adopt our opinion, it will be troublesome. I think it is best not to let the court convict Lawyer Qiu. Or just go to the procuratorate and not prosecute."

"Then let's find a way to communicate with the procuratorate to see if we can stop them from prosecuting," Chai Lang said.

Meng Lang said: "But we need to find a reason now so that the procuratorate will not prosecute. Besides pleading guilty, what reason is there?"

Meng Lang looked at the other lawyers again. Lawyer Chai Lang's level was very high, but what he said was not very pertinent. He wanted to see what other lawyers had good opinions.

Seeing him looking at him, Shao Haibo frowned and said, "Lawyer Qiu's alcohol content has just reached [-], and there have been no serious consequences. I think we can sue him in this way, right? The circumstances are relatively minor."

Meng Lang listened, nodded, and said, "Lawyer Qiu's matter is indeed relatively minor, but as long as the conditions for prosecution are met, he is likely to be prosecuted. If we can prove that he does not constitute a crime at all, then we can shake the prosecutor's office." Determination to prosecute, so not to prosecute."

"Shake the procuratorate's determination to prosecute?" Everyone was terrified, thinking how to achieve this effect?

Seeing that everyone couldn't think of a good solution, Meng Lang raised the question again: "I still have the same question, how long does it take for a person to be on the road after drinking alcohol before it is considered drunk driving?"

He asked about it again, and everyone started discussing it, Liu Hu said: "It's hard to say, usually it's 24 hours."

Meng Lang asked, "Is there any scientific basis for this matter?"

Liu Hu shook his head and said, "I don't know, let's rely on experience."

Meng Lang said: "If it's based on experience, then things are out of the question. For example, some people get drunk after drinking one glass, but some people are still not drunk after drinking two or three glasses. If the alcohol content is measured, it must be two or three glasses." I drink a lot, but based on experience, those who drink two or three glasses will definitely think that I am not drunk, and they will think that they are not drunk, and criminal cases pay attention to accuracy, so it is not easy to convict people based on experience, right? "

Chai Lang interjected at this time: "Experience and common sense can also condemn others."

Meng Lang said: "It depends on what kind of experience and common sense. If common sense involves the constitution of a personal crime, then you need to be cautious. For example, in the case of Lawyer Qiu, based on common sense, if he thinks that after seven or eight hours, he will The alcohol content in his body should be digested, and then he drove on the road, so did he have the intention to commit a crime? Did he violate the criminal law by insisting on driving on the road knowing that he had drunk alcohol?"

When Meng Lang said this, Chai Lang and the others were stunned for a moment and fell into deep thought. What Meng Lang said was right, no matter what the crime is, there must be a crime, intentional or negligent, and the crime of dangerous driving must be knowing that you are drunk. Only when he still drives on the road can he constitute the crime of dangerous driving, and it cannot be that he did not know in advance that he had drunk alcohol, but drove on the road, and he is still found guilty of dangerous driving. The crime of dangerous driving is still different from the crime of causing a traffic accident.

Chai Lang and others thought for a long time and nodded. Niu Zhao expressed his opinion: "We haven't considered this matter Meng Lang mentioned before. It is definitely not allowed to drive immediately after drinking. He himself You must know that he was driving under the influence, but if after a few hours, the person involved feels that his mind is clear and it does not affect his driving, in this case, does he have no intention of driving dangerously? Meng Lang and I I have the same opinion, and I think it’s worth exploring. If I use this as a reason to submit it to the procuratorate, I wonder if it’s okay not to prosecute Qiu Xuanxiang?”

After hearing this, Chai Lang also said: "Director Meng is right. We never thought before that the prosecution should prove how long the driver can't drive after drinking, for example, ten hours or eight hours. Hours? Or 24 hours? The most important point of the criminal law is that he must be certain and not let others know what to do. Under normal circumstances, after a night’s rest, most people think that they are sober and can drive, so they don’t realize that they He is still in a state of drunkenness, so in this case, it is indeed worth considering whether the law should pursue him, the question raised by Director Meng is very good, and it can be a very good paper."

Meng Lang listened and said with a smile, "Director Chai praised me, but I think it's really worth studying. I'll write about this in my postgraduate thesis later on. Do you like it?"

"That's right, that's right, it's a topic worth studying, but the most urgent thing is to find a way to rescue Lawyer Qiu." Chai Lang said with a smile.

Meng Lang nodded immediately, and said, "Let's write a lawyer's opinion immediately and submit it to the traffic police team. We will negotiate with the procuratorate when it is transferred to the procuratorate."

After studying for a long time, he made up his mind. Meng Lang wrote a lawyer's opinion letter himself, and then went to the traffic police team with Niu Zhao.

(End of this chapter)