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Question 334 of 554

Are you obliged to submit to the collection of biological samples, in the case of a traffic accident from which resulted the death or injury of the bodily integrity or the health of some 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.
Explanation

If you were involved in a traffic accident as a result of which resulted the death or injury of the bodily integrity or the health of a person, you have the obligation to submit to the collection of the biological samples for the determination of the blood alcohol concentration or, as the case may be, of the consumption of psychoactive substances, as well as to take measures for the immediate notification of the police, not to modify or delete the traces of the accident and not to leave the place 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 the procedure of sample collection
Offences related to driving a vehicle under the influence of alcohol or other substances - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Reference articles

For answer A

Regulation** - Article 187

The drivers of vehicles or of animals involved in traffic accidents from which resulted the death or injury of the bodily integrity or the health of one or more persons are obliged to submit to the collection of the biological samples for the determination of the blood alcohol concentration or, as the case may be, of the consumption of psychoactive substances.


For answer B

Regulation** - Article 186

In the case of traffic accidents from which resulted only material damage, the drivers of vehicles are obliged to submit to the testing of the expired air for the determination of the blood alcohol concentration or of 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 organism of psychoactive substances, the drivers of vehicles are obliged to submit to the collection of the biological samples.


For answer C

Regulation** - Article 187

The drivers of vehicles or of animals involved in traffic accidents from which resulted the death or injury of the bodily integrity or the health of one or more persons are obliged to submit to the collection of the biological samples for the determination of the blood alcohol concentration or, as the case may be, of the consumption of psychoactive substances.

OUG* - Article 77

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

Criminal Code*** - Article 336

Driving a vehicle under the influence of alcohol or other substances

(1) Driving on public roads of a vehicle for which the law provides the obligation of holding a driving licence by a person who has an alcoholic concentration of over 0.80 g/l pure alcohol in the blood is punished with imprisonment from one to 5 years or with a fine.
(2) With the same punishment is sanctioned also the person, being under the influence of psychoactive substances, who drives a vehicle for which the law provides the obligation of holding a driving licence.
(3) If the person being 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 some persons for the obtaining of the driving licence or during the unfolding of the practical tests of the exam for obtaining the driving licence, the punishment 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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