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Probability of not prosecuting after drunk driving gets a guarantor pending trial (conditions for drunk driving not getting a guarantor pending trial)

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Probability of not prosecuting after drunk driving gets a guarantor pending trial (conditions for drunk driving not getting a guarantor pending trial)


        

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  • 2024-06-10 05:00:48

    In the face of infringement of our legitimate rights and interests, we need to use the law to protect our rights and interests. If your legal rights and interests are being violated, you can protect your legal rights and interests through the legal knowledge learned in this article. What are the conditions under which you can not obtain a guarantor pending trial for drunk driving, and under what circumstances can you obtain a guarantor pending trial for drunk driving suspects? To help.

    What are the conditions for drunk driving not to get a guarantor pending trial

    A criminal suspect or defendant who drives a motor vehicle while intoxicated may, according to the circumstances of the case, be detained or granted a guarantor pending trial.

    If the conditions for obtaining a guarantor pending trial are met, but the criminal suspect or defendant cannot provide a guarantor or pay the security deposit, they may be placed under residential surveillance.

    A criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial or residential surveillance may be arrested if the circumstances are serious.

    A suspect who drives a motor vehicle under the influence of alcohol can obtain a guarantor pending trial, but the prerequisite is that he must meet the conditions for obtaining a guarantor pending trial as prescribed by law and go through the relevant procedures for obtaining a guarantor.

    If a criminal suspect in custody, his legal representative, close relatives or a lawyer employed by an arrested criminal suspect applies for obtaining a guarantor pending trial, he shall submit the application in writing.

    The public security organ shall, within seven days after receiving the application, give a reply of approval or disapproval.

    If it agrees to obtain a guarantor pending trial, it shall go through the procedures for obtaining a guarantor pending trial according to law;

    If they do not agree to obtain a guarantor pending trial, they shall notify the applicant in writing and explain the reasons.

    How long does it take to get a guarantor pending trial? Three days.

    Article 97 of the Criminal Procedure Law stipulates that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures.

    The People's Court, the People's Procuratorate and the public security organ shall make a decision within three days after receiving the application;

    If it disagrees with the modification of the compulsory measures, it shall notify the applicant and explain the reasons for its disagreement.

    For example, recidivists and key criminals cannot obtain a guarantor pending trial.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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