If the driver is suspected of taking "on the chest." Alcoholic nystagmus. Method for detecting alcoholic nystagmus Schulte test during medical examination

For the successful development of the school curriculum, children need to have a number of qualities that allow them to concentrate and analyze the information received. The attentiveness of students must be constantly trained, so it is important for the teacher to know whether a correction is required for a particular student. To determine this, you can diagnose using the Schulte Table test.

The essence of the technique

The tables, developed by the German psychiatrist Walter Schulte in the middle of the 20th century, are a set of cards with random numbers. The subject's task is to name all the elements in the correct order, pointing to them with a pointer or, if convenient, crossing out with a pencil. The traditional version of the stimulus material consists of 5 tables 60 x 60 cm, made on thick paper. Each sheet should be divided into 25 squares with numbers from 1 to 25 inscribed in them.

Diagnostics helps to investigate:

attention span;
efficiency of independent work;
mental stability;
speed of tentative-search movements of the gaze;
amount of attention.

The technique is aimed at training and expanding peripheral vision. This is of key importance for the speed of reading, as it allows you to reduce the time spent searching for certain informational parts of the text. That is, tables not only perform a diagnostic function, but also serve as a speed reading simulator.

When testing, several tables are used in a row

For younger students, regular training on the tables helps:

learn new material faster and more firmly;
learn to critically evaluate the knowledge gained;
memorize information more effectively;
focus on a specific action.

Due to the fact that you do not need to perform mathematical operations to complete the tasks, the test results are obtained as objectively as possible.

From the perspective of the teacher, this method has another significant advantage over other types of diagnostic tests, namely, it takes only about a minute to process each table.

How to use Schulte tables correctly

Before you start working with Schulte tables, you need:

place the table at a slight angle at a distance of 30–35 cm from the student's eyes;
ask the child to fix their eyes on the depicted objects in the center and not look away.

The diagnostic procedure itself is as follows:

If the technique is used as an attention simulator, then you should not process more than ten tables per day. With the development of the student's skill of quick orientation in the depicted elements, the material needs to be supplemented. To do this, increase the number of cells, making the square larger and offering the subjects a field of 6 x 6, 7 x 7, 8 x 8. In this case, it is recommended to work 3-4 times a week (half an hour) for 21 days.

Features of conducting exercises among students of different ages

Finding numbers by younger students

At primary school age, the application of the test should be facilitated. This applies primarily to the number of cells with numbers. For beginners, a 3 x 3 square or a 3 x 5 rectangle is enough. Children in grades 5-11 can show the numbers silently, while for toddlers it is mandatory to pronounce each object. Psychologists and teachers recommend for students primary school carry out the Schulte test in several stages:

Show and name the numbers in order.
Show and name objects in reverse order.
The child shows the numbers in ascending order, and the adult at this time pronounces even or odd numbers.

The last stage is the most difficult level for the child, as it requires concentration of attention with external interference.

Test for middle and senior students (with black and red table)

Schulte's color table suggests a combination of black and red colors that activate brain activity.

Psychologists have studied in detail the impact of Schulte's tables on the human brain and came to the conclusion that the test stimulates blood flow to the frontal lobes, as a result of which memory capacity increases and concentration increases. Taking this into account, in order to improve the methodology, scientists proposed to make the table two-color: to depict part of the numbers on the material in red, and the other half in black. For middle and senior children, a 7 x 7 square is offered, and the task is formulated as follows:

Name and show all the red numbers.
Name and show all the black numbers.
When showing red, use direct counting.
When showing black, use countdown.

Processing and interpretation of results

To calculate the efficiency of work (in terms of time spent on execution and the number of errors made), the following formula is used:

ER (in seconds) = (t1 + t2 + t3 + t4 + t5) / 5, where t1 is the time of working with table No. 1, t2 is the time of working with table No. 2, and so on; 5 - the number of considered materials. Efficiency is evaluated taking into account the age of the person being tested (the higher the score, the better the result):

The degree of workability (how quickly the subject is included in the task) is calculated by the formula:

Vp = t1 / ER.

If the resulting indicator is less than one, then the quality appears at a good level. The higher the value of Вр, the more difficult it is for the student to get involved in the work.

Mental stability (how long a child can concentrate on a particular search task) can be defined as follows:

PU = t4 / ER.

Please note: the time spent on working with table No. 4 is taken into account. If the result is less than 1, then this means that the subject has good mental stability. A high score indicates a poor ability to concentrate on any activity for a long time.

The last two criteria are evaluated equally for schoolchildren of any age.

Diagnosis of attention using the Schulte technique helps to assess the degree of concentration of attention of schoolchildren, as well as the level of their mental stability, which allows you to adjust the work on the development of thinking and memory of the child, as well as teach children of different ages speed reading techniques.

Management. Methodology "Schulte Tables"

Scales: stability of attention, work efficiency, degree of workability, mental stability.

Test Type: Verbal

Test Description

The subject is alternately offered five tables on which numbers from 1 to 25 are randomly arranged. Schulte tables are a set of numbers (from 1 to 25) arranged in random order in cells. The subject must show and name in a given sequence (as a rule, increasing from one to twenty-five) all the numbers. Five non-identical Schulte tables are proposed in a row, in which the numbers are arranged in a different order. The psychologist records the time spent by the subject on showing and naming the entire series of numbers in each table separately. The following indicators are noted: 1) exceeding the standard (40-50 s) time spent on indicating and naming a number of numbers in the tables; 2) the dynamics of temporal indicators in the course of the survey for all five tables.
Purpose of the test

Definition attention span and performance dynamics. Used to examine people of different ages.

Material: 5 Schulte tables, stopwatch, pointer.

Instructions for the test

The subject is presented with the first table: "On this table, the numbers from 1 to 25 are not in order." Then the table is closed and continued: “Show and name all the numbers in order from 1 to 25. Try to do this as quickly and without errors as possible.” The table is opened and, simultaneously with the start of the task, the stopwatch is turned on. The second, third and subsequent tables are presented without any instructions.

Processing and interpretation of test results

Evaluation of results: Divide the total search time across all tables by 5.

The main indicator is the execution time, as well as the number of errors separately for each table. Based on the results of each table, an "exhaustion (fatigue) curve" can be constructed, reflecting attention span and dynamic performance.

With this test, you can also calculate indicators such as (by A.Yu. Kozyreva):

work efficiency (ER),
degree of workability (VR),
mental stability (PU).

Efficiency(ER) is calculated by the formula:

ER = (T 1 + T 2 + T 3 + T 4 + T 5 ) / 5 , Where

Ti- time of work with the i-th one.

Evaluation of ER (in seconds) is made taking into account the age of the subject.

The degree of workability (VR) is calculated by the formula:

BP= T 1 / ER

The result is less than 1.0 - an indicator of good workability, respectively, the higher this indicator is 1.0, the more the subject needs to prepare for the main work.

mental stability(endurance) is calculated by the formula:

PU = T 4 / ER

A result indicator less than 1.0 indicates good mental stability, respectively, the higher this indicator, the worse the mental stability of the subject to perform tasks.

According to the results of this test, the following characteristics of the subject's attention are possible:

Attention is concentrated enough - if the subject spends time corresponding to the standard on each of the Schulte tables.

Attention is not concentrated enough - if the subject spends time exceeding the standard on each of the Schulte tables.

Attention is steady - if there are no significant time differences when counting the numbers in each of the four to five tables.

Attention is unstable if there are significant fluctuations in the results according to the tables without a tendency to increase the time spent on each subsequent table.

Attention is depleted - if there is a tendency to increase the time spent by the subject on each following table.

test material

I am standing, therefore, in the Romberg position ... And the doctors observe and write down

The procedure is not very pleasant: when the pressure measurement came, it turned out to be elevated - nervousness affected. Although the situation in the narcological examination room is not terrible and resembles a general practitioner's waiting room: a couch and a couple of tables. And where are the miracle devices with the help of which drivers are brought to clean vodka water?

In fact, there are no bulky devices and torture devices here. But I feel that the medical examination begins from the moment I barely cross the threshold of the office. The narcologist evaluates gait, speech and response to simple questions and requests. It is clear that a trained eye can identify a drunk or drug addict almost instantly (I hope it is noticeable that I am a positive character?), while the doctor's subjective opinion is by no means proof of anything.

They ask me to sit on the couch. A few standard medical questions. When was the last time you drank alcohol? Seems like a week ago. Did you use drugs? No. Do you suffer from chronic diseases? AIDS? Diabetes? All responses are recorded in the report. Measure the pressure (increased, damn ...)

I strip to the waist and show my arms, shoulders, neck, then hips and calves. Standard injection sites. Again, the presence of injection marks is not a sentence (maybe I am a well-deserved donor of Russia), but it goes into the treasury of facts. I have nothing like that.

Then some standard tests. The Romberg pose is when you stand straight, your feet are pressed against each other, your eyes are closed, your arms are extended straight, your fingers are spread out. They say that in drunkards, and even more so addicts, the condition is visible to the naked eye: tremor of the fingers, inability to maintain balance, unsteady posture. There is a complicated pose - this is when the feet are lined up. It's hard to stay sober here.

“It happens that they just stand in the Romberg position - and immediately fall,” the narcologist comments. And I'm holding on.

The task becomes more complicated: now you need to touch the tip of the nose with your finger - a similar test is used by psychiatrists during examination. It is called a finger-nose test. Behind him is another test of Taschen - five times you make a turn around the vertical axis, and then you look at the pen, which the expert drives in front of his nose. According to eye movements, he also draws some conclusions and writes them down in a report.

“Look out the window… Now close your eyes… Look at me…” – this is already being tested for the reaction of the pupil to light: some drugs make it inhibited, and sometimes the pupils do not react or react differently.

Then it comes to the breathalyzer, which, of course, must be included in the register of measuring instruments and verified. In fact, the same device is used by traffic police officers during the initial examination, except that it works in more comfortable conditions in terms of temperature and humidity. You need to blow hard and for a long time, so the hopes of puffing somewhere past are naive. The measurement takes place when you blow in such a way that it lays in your ears.

And here comes the options. My breathalyzer showed honest zeros, no clinical signs of intoxication were detected, therefore, at the end of the medical examination protocol, a laconic inscription appears - intoxication has not been established. Yes, and there is no protocol, because nevertheless, journalistic curiosity led me to the medical examination, and not the traffic police officers (by the way, they are already standing at the door with another candidate).

If the device showed an excess of the threshold of 0.16 mg / l, then wait twenty minutes and take a second measurement. If it also shows an excess, the person is recognized as drunk. This is an important point: the excess must be in both dimensions.

However, even if the breathalyzer showed zeros the first time, but the doctor found clinical signs of intoxication, a urine test is performed for the content of prohibited drugs. These include all drugs and a fair amount medicines. The study is done in the laboratory, with chemists determining the content of specific substances and comparing them with a list of drugs that exclude driving a car.

Video recording of urination

By the way, in order to exclude the substitution of urine, video cameras are installed in the toilet - doctors emphasize that this corresponds to order No. 289 of 05.10.98. If the suspect is trying to cheat, this is also noted.

What kind of drugs are forbidden to use before driving? Their list is long, but there is no single document in which they would be summarized. Since the spread of synthetic drugs (spice, salt, etc.), more and more new chemical compounds have been banned, so the database of narcologists is updated quite often.

By the way, some people consider spices and salts to be a lesser evil than, for example, cocaine, however, according to narcologists, among the countless and uncontrolled variety of such "chemistry" there are terrible compounds that very quickly cause addiction and irreversible mental disorders. The patient tries to run on the walls - this is usually the action of the newfangled "synthetics".

And what about medicines? Many psychotropic, hypnotic and sedative substances are also contraindicated for driving, and, unlike alcohol, there is no minimum allowable concentration for them. If the substance is detected, the state of intoxication is established with all the unfortunate consequences: deprivation of rights, registration, and so on.

With drug addicts it is clear - they are to blame. How can a sick person distinguish a drug that can bring him under the article of the Code of Administrative Offenses (or even a criminal offense)? Doctors are adamant: read the instructions. In fact, there is no other way. It is useless to publish lists of chemical compounds - these are complex molecules with a branched structure and unpronounceable names that have nothing to do with the commercial names of drugs that we are used to. At the same time, narcologists emphasize that the vast majority of drugs that prohibit driving are prescribed by doctors and drunk in courses, and if the instructions contain a ban on driving (more often a recommendation to refrain from driving mechanisms and machines), then it is better to refuse the car for the duration of treatment. For the minimum concentration of the drug in the urine will mean that you are drunk.

Well, unofficially, I will say this: a drug test is done in the presence of clinical signs of intoxication, so if the breathalyzer shows zeros, and you have overcome the Romberg position, there will most likely be no further research. So if a medical drug (say, sleeping pills) was taken in a small dose and for a long time, most likely, doctors will not have a reason to look for it.

A blood test is taken in parallel with a urine test only in the event of a fatal accident. All involved drivers are being tested for intoxication. Urine is used for the drug test, blood for the alcohol test. In other cases, alcohol testing is done using a breathalyzer.

Pressure measurement provides only one fragment of the overall picture. Alcohol usually raises it, some drugs can drastically lower it.

At the same time, it is impossible to recognize a person as drunk on the basis of only clinical signs of intoxication (instability, incoherent speech, etc.) - instrumental measurements always have the final say. Why then all these Taschen checks and Romberg poses? First of all, to understand whether a laboratory test of urine for drugs is needed if the breathalyzer shows zeros. Plus, clinical signs are in addition to instrumental tests, which are then taken into account in court and give a more complete picture of what is happening.

Let me remind you that an initially drunk driver is identified by a traffic police officer by the presence of one of the seven signs of intoxication, which are reflected in the protocol: posture instability, incoherent speech, reddening of the skin, behavior that does not correspond to the situation, the smell of alcohol, impaired coordination of movements, unsteady gait. After that, the employee will offer to "blow" into the breathalyzer - refusal is tantamount to admitting oneself drunk. If the breathalyzer showed an excess of 0.16 mg / l, you also have two options - to agree or require a medical examination. I emphasize that, in fact, this procedure is voluntary, although refusing it also means an admission of guilt. By the way, I was shown several results of examinations, where the person was declared sober despite the initial suspicions of the inspector and narcologists.

I wish you never get into this office, and if you get there and are sure that you are sober, behave as confidently as possible (without being rude) and calmer. For nervousness provokes a number of symptoms that can be mistaken for intoxication.

Case No. 12-26/2015

SOLUTION

R. DD.MM.YYYY

Kolyshleysky District Court

as part of the presiding judge Elizarova C.GN

at the secretary FULL NAME3,

with the participation of the applicant K. and his lawyer Shumeyko A.V.,

having considered in open court the administrative case on complaint K against the decision of the justice of the peace of the court district No. in the case of an administrative offense dated DD.MM.YYYY,

SET UP:

Resolution of the justice of the peace judicial district № in the case of an administrative offense from DD.MM.YYYY K brought to administrative responsibility for an administrative offense, under Part. 1 Article. Section II. Special part > Chapter 12. Administrative offenses in the region traffic> Article 12.8. Driving a vehicle by a driver in a state of intoxication, transferring control of a vehicle to a person in a state of intoxication" target="_blank"> 12.8 of the Code of Administrative Offenses of the Russian Federation, in the form of an administrative fine in the amount of 30,000 rubles with deprivation of the right to drive vehicles for a period of 1 year 6 months.

Applicant K appealed against the above decision, considering it unlawful, unfounded and subject to annulment on the following grounds. When conducting a medical examination, issuing a conclusion on the state of intoxication and drawing up a medical examination report in a state of intoxication, medical workers did not comply with the requirements of the Instructions for conducting a medical examination for the state of intoxication of a person who drives a vehicle and filling out the registration form No. the person who drives the vehicle” (Appendix No. to the Order of the Ministry of Health of the Russian Federation of DD.MM.YYYY No. No.). In violation of clause 15 of the Rules for the examination of a person who drives a vehicle for the state of alcoholic intoxication and registration of its results, sending the said person for a medical examination for the state of intoxication, medical examination of this person for the state of intoxication and registration of its results, approved by the Decree of the Government of the Russian Federation dated DD.MM.YYYY No., paragraph 4 of the above Instructions, the conclusion that K was in a state of intoxication was made by a doctor based on one of the results of the determination of alcohol in the exhaled air, which were reflected on paper, which was carried out by a medical worker (not a doctor) , not trained in the conduct of medical examination, in connection with which the reliability of the results of air sampling, conducted at FULL NAME2 is doubtful. In addition, during the medical examination of HF. a mouthpiece was used that was not in a closed individual package; evidence of the sterility of this mouthpiece was not presented to the court. Medical examination of K was carried out in the premises of the admission department of the hospital, where alcohol-containing preparations are stored and used, which could affect the result of the examination in the direction of its increase. He asks the decision of the justice of the peace of the judicial district No. from DD.MM.YYYY in relation to K. to cancel, to stop the proceedings due to the lack of evidence of the circumstances on the basis of which the judgment was issued.

At the hearing, he supported his complaint on the grounds set forth in it, explained to the court that DD.MM.YYYY, at about 3 o’clock, he was moving in his car of the brand “r. he was stopped by traffic police officers and asked to show documents. A little later, a Gazelle car drove up, in which there were an RSD officer and a person in charge from the leadership of the Ministry of Internal Affairs. All together they drove to the premises of the Kolyshleysky police department, where traffic police officers offered him to undergo an examination for intoxication, he refused. After that, he was offered to undergo a medical examination for intoxication, he agreed. Since he was not feeling well, he drank 40 drops of "valoserdin" and 2 tablets of "corvalol", which were prescribed to him by a doctor. The medical examination was carried out in the Kolyshleyskaya Republic of Belarus, in the admission department. The doctor asked him if he drank alcohol, he said no, measured his blood pressure, pulse, checked the finger-nose test, Romberg's position. After that, the doctor sat down at the computer and began to type. The nurse, in his presence, took out a suitcase in which the apparatus lay, from the same suitcase she took a mouthpiece in the form of a plastic tube, which she inserted into the device. The mouthpiece was without packaging. He blew into the mouthpiece, the device showed the number 0.12, but the check did not print. The nurse reset the device, after which it blew again, the device showed 0.24 and printed out a receipt. After that, he went outside and smoked. After 20 minutes, he blew the mouthpiece for the third time, the result was 0.10, but the check did not print again. The nurse reset the device again, he breathed into the device for the fourth time,

the result was 0.22, the check was printed. All four times he breathed into the same mouthpiece. The doctor did not approach the device during its blowing, did not control the actions of the nurse. He said that he did not agree with the result, since he did not drink alcohol. He signed the checks. He did not tell the doctor that the device did not print the check twice, and that his readings were different four times, because he did not know who medical workers doctor who is a nurse. At that moment, he did not guess to ask to take blood for analysis. Doctor Dantsev, in his presence, printed out a certificate of medical examination, which he familiarized him with. He wanted to write objections regarding the results of the examination, but he was refused. After that, a protocol on an administrative offense was drawn up against him, in which he indicated that he did not drink alcohol. He believes that the medical examination procedure in respect of him was violated, and therefore the medical examination certificate No. DD.MM.YYYY cannot be admissible evidence.

Defender FULL NAME4, acting on the basis of an order dated DD.MM.YYYY No., at the hearing supported the arguments of the applicant's complaint on the grounds set forth in it in detail, explained to the court that K.'s medical examination for intoxication was carried out by a nurse who was not trained on issues of medical examination for the state of intoxication of drivers of vehicles, while the Instruction expressly provides that only a doctor (paramedic) who has undergone appropriate training has the right to conduct a medical examination. In addition, during the medical examination of K., a mouthpiece was used, which was not in individual packaging, was unpacked, and was stored in the same suitcase where the device itself was, and not in a special container. He also believes that the certificate of verification of the device, with the help of which the medical examination of K. was carried out, is invalid, since a different method of verification of such devices is currently used, which provides a complete and objective analysis of its compliance technical specifications. The device was not adjusted, and the entry made CEO Sintez-SPb LLC dated DD.MM.YYYY, by which the requirement for adjustment is excluded, is illegal. The Lion Alcolmeter model SD-400, SD-400P should not be stored and used in a room where alcohol-containing substances are stored in open containers, and surfaces or equipment are treated with alcohol-containing solutions. Meanwhile, the medical examination of K was carried out in the admission department, where alcohol-containing preparations are stored, so alcohol vapor could be transferred to the electrochemical sensor of the device, or could be transferred by K himself when exhaling, which significantly affected the result of the examination in the direction of its increase. He asked for the decision of the justice of the peace of the judicial district No. from DD.MM.YYYY in relation to K to cancel, to stop the proceedings due to the lack of evidence of the circumstances on the basis of which the judgment was issued.

Interrogated at the hearing, the inspector of the SR DPS STSI OR UMVD of Russia on FULL NAME5 explained to the court that on the night of DD.MM.YYYY on DD.MM.YYYY, the duty unit of the UGIBDD for him, together with inspector Lobanov, was sent to in connection with the received orientation, that on the car of the brand “” is moving, a registration plate was indicated, which he currently does not remember, the driver of which is in a state of intoxication. Early in the morning, he does not remember the exact time, this car was stopped by them and K was driving. When K got into the patrol car, he smelled of alcohol. Whether there were other signs of intoxication, he does not remember. He asked if the driver drank alcohol, he said no. The driver was taken to the Ministry of Internal Affairs of Russia "Kolyshleysky", where he was asked to undergo an examination for intoxication with the help of a technical device in the presence of attesting witnesses. K. refused. After that, K was offered to undergo a medical examination, as a result of which the fact of alcohol intoxication was confirmed. He was present at the medical examination. Who did the examination, he does not remember exactly, perhaps a nurse. It seems to him that the nurse took the mouthpiece from the tray, but she cannot say for sure. For violation of clause 2.7 of the traffic rules of the Russian Federation in relation to K, an administrative offense report was drawn up under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of traffic > Article 12.8. Driving a vehicle by a driver in a state of intoxication, transferring control of a vehicle to a person in a state of intoxication" target="_blank"> 12.8 of the Code of Administrative Offenses of the Russian Federation.

Witness FULL NAME6 at the hearing showed that he is a surgeon Kolyshleyskaya RB. In DD.MM.YYYY he underwent special training to conduct a medical examination for intoxication. DD.MM.YYYY he was the doctor on duty. At about 4:30 am, K. was taken to the hospital, who needed to be examined for intoxication. The examination consists in blowing the device, a finger-nose test is also carried out, stability in the Romberg position is checked, Schulte table (show the numbers in order). The examination has the right to be carried out only by a doctor, the nurse can only bring the device or take it out of the cabinet. Usually, he conducts the examination procedure personally: he sets up the device, inserts the mouthpiece into it, however, this time it was early in the morning, everyone was tired, and in order to make it faster, he told the nurse FULL NAME7 to conduct an examination. The mouthpiece must be disposable, sealed, the packaging is opened immediately before inserting it into the device, multiple use of the mouthpiece is not allowed. The hospital does not always have disposable mouthpieces, sometimes chemically treated mouthpieces are used, which are stored in a rack in the cabinet. The use of non-sterile mouthpieces may affect the result of the examination. What mouthpiece the nurse used, where she got it from, he did not see, K. did not control the actions of the nurse during the examination. K had no external signs of alcohol intoxication, there was no smell of alcohol from the mouth, the skin was of the usual color, not reddened, speech was intelligible. All samples were normal, which he reflected in the act. To his question, K replied that he did not drink alcohol. He sat down at the computer and began typing a medical certificate. During examination, FULL NAME7 did not ask him anything. She handed him the checks, from which it was clear that K was in a state of intoxication. He himself did not see the readings of the device. Later, the nurse told him that the device showed results - 0.12 and 0.10, but checks were not printed. There have been such cases before. Since he did not see how the nurse performed the examination, he cannot guarantee its correctness. Smoking before the examination is undesirable, as it may affect the result in the direction of increase. If the device indicates the presence of alcohol in the exhaled air, then additional samples, in particular blood, are not taken, with the exception of an accident. He personally drew up the act of medical examination, his signature.

Interrogated at the hearing as a witness FULL NAME7, testified that she works as a nurse in the admission department of the Kolyshleyskaya RB. She did not undergo training on medical examination for intoxication. However, the hospital's narcologist showed the nurses how to use the device for determining the state of alcohol intoxication, explained how to turn it on, how to determine that it is ready for work, where to insert the mouthpiece. Previously, she also conducted a medical examination, prepared the apparatus and let it blow through. She did not know that the examination could only be carried out by a doctor who had undergone special training. On the night of 30 on DD.MM.YYYY she was on duty. At about 4 a.m., traffic police officers brought K Po to the hospital for a medical examination. appearance He was sober, there was no smell of alcohol from him, his skin was of a normal color, not reddened, his speech was intelligible, his mood was normal. Medical examination was carried out in the premises of the admission department. She invited the doctor on duty FULL NAME6, who began to print the act of medical examination. The suitcase with the device lay in the closet, in the same suitcase there was a mouthpiece without packaging. There are no disposable mouthpieces in the hospital, mouthpieces treated with special means are used. After washing, the mouthpieces are stored on a tripod in the cabinet, used ones are usually placed in a container on the table with disinfectant. She did not know that disposable mouthpieces should be used during the examination. She took out the apparatus, inserted the mouthpiece. Whether the mouthpiece has been used before, chemically treated or sterilized, she does not know. Turning on the device, she gave K. a "blow", the number 0.12 appeared, but the check did not print. She turned off the device, then turned it on again, K "blew", the figure 0.24 appeared and a check came out, which she gave to the doctor on duty. After that, K. went outside, returned 20 minutes later, he smelled of smoke. She did not say anything about the fact that one should not smoke before the examination, since she herself did not know about it. She turned on the device, FULL NAME2 "blew", the figure 0.10 appeared, but the check was not printed again. She turned off the device, turned it on again, K "blew", the device showed 0.22 and printed out a check. She did not change the mouthpiece, she used the same one all four times. The fact that the device did not print the check twice, although there were indications, she did not immediately say anything to the doctor, she said about it later. Previously, there have already been such cases that the check was not printed the first time. Perhaps the device was defective, as shortly after the trial by the magistrate it was sent for repair. Doctor FULL NAME6 did not fit the device at all, she did everything herself.

FULL NAME8, interrogated at the hearing as a witness, showed that about 2-3 months ago, he does not remember the exact date, early in the morning, near the building of the police department, he was stopped by a traffic police officer who invited him to participate as a witness when sent for a medical examination. However, he does not know the person who was offered to undergo a medical examination. external signs he was not intoxicated. He did not feel the smell of alcohol, the skin was of normal color, not reddened, his speech was intelligible, he behaved adequately. He agreed to go for a medical examination. In his opinion, this man was sober. A protocol was drawn up, which he signed. After that, he went about his business. In his presence, no one offered this person to undergo an examination with the help of technical equipment.

witness FULL NAME9 court showed, that DD.MM.YYYY year, at 4 o'clock, he went to Penza at the station to meet relatives. A traffic police officer stopped him near the police building and asked him to participate as a witness when he was sent for a medical examination. K He was next to K, but there was no smell of alcohol, the skin was of the usual color, not reddened, the person was normal, behaved adequately, talked on the phone speech was intelligible. K. insisted on a medical examination in the hospital. He signed the protocol, confirms his signature.

Interrogated at the hearing as a specialist Lan AND.L. explained that he works as the head of the narcological department of the Regional Narcological Hospital. Based on the indicators indicated in the act of medical examination for the state of intoxication No. dated DD.MM.YYYY, the clinical picture of a completely sober person is seen, the results of all tests are typical for a sober person. In the act there is a clear discrepancy between the clinical picture, which reflects the objective indicators of the human condition, which cannot be simulated, and the results issued by the analyzer. For example, an indicator of 0.24 mg is a state of mild intoxication, in which the results of the Schulte, Taschen tests should be different, the pressure is usually increased, the pulse is quickened, the pupil is dilated, however, in K. all these indicators are normal according to the act. There is no smell of alcohol from the mouth. In this case, the clinical picture does not correspond to the parameters of the device. During the survey, a fairly standard instrument was used. Mouthpieces for it must be disposable, opened in the presence of the subject. In accordance with SanPin 2.1.3.2630-10, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated DD.MM.YYYY No. 58, the reuse of single-use medical devices, which include mouthpieces for the specified device, is prohibited, their sterilization or chemical treatment is not allowed . Reuse of disposable mouthpieces affects the result of the study and cannot be considered reliable. In accordance with the current Order and Instruction, a medical examination must be carried out by a doctor (or a paramedic, if there is no doctor), who has undergone mandatory special training. If a person is not trained, the procedure for a medical examination is unknown to him, he may violate the procedure for conducting an examination, and in this case, his result is unpredictable. This is a gross violation in which the results of the survey cannot be considered reliable. A medical examination is a medical service that is subject to licensing, and 2 conditions are required: a specialist who has undergone appropriate training, and a material and technical base (availability of serviceable devices that have passed verification, disposable mouthpieces, etc.). If there is no appropriate equipment and specialist, the service cannot be provided. There is no separation in the medical examination procedure, what the doctor does and what the nurse does, the examination should be carried out only by a doctor. The fact that 4 results were obtained during the examination, and 2 checks were printed out is a logical continuation of the fact that the examination was carried out not by a specialist (doctor), but by a nurse. In this case, the result of the medical examination is unreliable. The room for a medical examination for intoxication does not provide for the presence of alcohol-containing substances, this can also affect the result.

After checking the materials of the case, after listening to the participants in the trial, the conclusion of a specialist, the testimony of witnesses, having discussed the arguments of the complaint, the court comes to the following.

DECIDED:

Decision of the justice of the peace judicial district № from DD.MM.YYYY, according to which K found guilty of an offense under Part. 1 Article. Section II. Special part > Chapter 12. Administrative offenses in the field of traffic > Article 12.8. Driving a vehicle by a driver in a state of intoxication, transferring control of a vehicle to a person in a state of intoxication" target="_blank"> 12.8 of the Code of Administrative Offenses of the Russian Federation, and subjected to an administrative penalty in the form of an administrative fine in the amount of 30,000 rubles with deprivation of the right to drive vehicles for a period of 1 (one) year 6 (six) months - cancel.

Proceedings in this case of an administrative offense in relation to K - to be terminated on the basis of clause 3 of part 1 of Article of the Russian Federation - due to the failure to prove the circumstances on the basis of which this decision was issued.

Complaint K - to satisfy.

The decision can be appealed to the Penza Regional Court within ten days from the date of delivery or receipt of a copy.

Referee: S.N. Elizarova

Court:

Kolyshleysky District Court (Penza Region)

Other persons:

Konovalov A.V.

Judges of the case:

Elizarova Svetlana Nikolaevna (judge)

Litigation on:

On deprivation of rights for "drunk" (driving a vehicle in a state of intoxication, refusal to examine)

Judicial practice on the application of the norms of Art. 12.8, 12.26 Administrative Code of the Russian Federation

According to an accident (failure to comply with the requirements in an accident)

Judicial practice on the application of the norm of Art. 12.27. Code of Administrative Offenses of the Russian Federation