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GENERAL Learning Environment Category A (A, A1, A2, AM)
Question 227 of 418

Are you obliged to submit to the collection of biological samples in the case of a traffic accident resulting in the death or injury of the bodily integrity or health of persons?

A yes, but only if you are guilty of causing the accident;
B no, if you were tested with an authorized device;
C yes, unconditionally.
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Explanation

If you were involved in a traffic accident as a result of which the death or injury of the bodily integrity or health of a person occurred, you are obliged to submit to the collection of biological samples in order to determine the blood alcohol level or, as the case may be, the consumption of psychoactive substances, as well as to take measures to immediately notify the police, not to modify or wipe out the traces of the accident, and not to leave the scene of the act.

The correct answer is: C


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Driving under the influence of alcohol and/or psychoactive substances - Audio-Video Lesson --> Driving under the influence of alcohol and/or psychoactive substances and procedure for sample collection
Offences related to driving a vehicle under the influence of alcohol or other substances - Audio-Video Lesson --> Offences concerning road traffic on public roads; The difference between offences and contraventions

Reference articles

For answer  A 

Regulation** - Article 187

The drivers of vehicles or animals involved in traffic accidents resulting in the death or injury of the bodily integrity or health of one or more persons are obliged to submit to the collection of biological samples in order to determine the blood alcohol level or, as the case may be, the consumption of psychoactive substances.


For answer  B 

Regulation** - Article 186

In the case of traffic accidents resulting only in material damage, the drivers of the vehicles are obliged to submit to the testing of the expired air in order to determine the blood alcohol level or the consumption of psychoactive substances. If the result of the testing shows a concentration greater than 0.40 mg/l pure alcohol in the expired air or indicates the presence in the body of psychoactive substances, the drivers of vehicles are obliged to submit to the collection of biological samples.


For answer  C 

Regulation** - Article 187

The drivers of vehicles or animals involved in traffic accidents resulting in the death or injury of the bodily integrity or health of one or more persons are obliged to submit to the collection of biological samples in order to determine the blood alcohol level or, as the case may be, the consumption of psychoactive substances.

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident as a result of which the death or injury of a person occurred is obliged to take measures for the immediate notification of the police, not to modify or wipe out the traces of the accident, and not to leave the scene of the act.
[...]

Criminal Code*** - Article 336

Driving a vehicle under the influence of alcohol or other substances

(1) Driving on public roads a vehicle for which the law provides the obligation to hold a driving licence by a person who has a blood alcohol concentration of over 0.80 g/l pure alcohol in the blood is punishable by imprisonment from one to 5 years or by a fine.
(2) With the same penalty is sanctioned the person, under the influence of psychoactive substances, who drives a vehicle for which the law provides the obligation to hold a driving licence.
(3) If the person in one of the situations provided in paragraph (1) and paragraph (2) performs public transport of persons, transport of dangerous substances or products, or is in the process of practical training of persons for obtaining the driving licence or during the conduct of the practical tests of the examination for obtaining the driving licence, the penalty is imprisonment from 2 to 7 years.


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)

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