How to outargue the employee of traffic police?
Literally the other day “ Komsomolskaya Pravda “ invited me for carrying out “ Straight line “ with readers “ Komsomolskaya Pravda “ on the questions connected with violation of the rights and freedoms of citizens by the staff of traffic police. As many questions were connected with illegal involvement of citizens to responsibility. I will try to eliminate the main questions which are available for you concerning proofs of the correctness as on the road, and in a judicial proceeding.
Unfortunately, what I spoke constantly about and that we discussed in my previous articles, was confirmed - traffic polices inconsiderately violate the rights of citizens. Also they act just in relation to those who are not able to protect the rights independently. Let`s consider on real examples.
1. DEPARTURE ON the ONCOMING TRAFFIC LANE
When on the street dirt or snow, in the center of the road of a marking it is not visible. In most “ popular “ places you will also be waited by the inspector of traffic police. As a rule, the main violation in that case is turn on the left. Remember if sign “ only directly “ is not present (and, as a rule, at dividing continuous it is always absent) it is impossible to accuse you of violation.
You tell the inspector that the marking is not visible, so, there is no violation. As a rule, it does not affect the inspector. The decision is extremely simple: you get the mobile phone and you tell the inspector that you go to shoot the carriageway on a photo and video, you say that your car and the car of traffic police also will get to a chamber.
I can tell that I had to do really a photo only once and that they were not useful - the inspector returned documents at once. In other cases when I reported that I will make a photo and video filming and it will cause a number of troubles (traffic polices are obliged to cause road service for cleaning and if it was not made and imposed a penalty, it threatens at best with a disciplinary vyzskaniye and it can be treated in court as “ discrepancy of a post “) .
I pay your attention to that fact that if the marking got and it is poorly visible at night, you also have the right to challenge the violation imputed to you. Traffic polices together with road builders are obliged to take all actions in order that road signs and a marking were as it should be.
2. INVOLVEMENT of WITNESSES
It is known that any violation imputed to you by the staff of traffic police can be automatically cancelled in case on this fact there are no witnesses. With involvement of witnesses there is a number of questions.
a) Any person who knows something about an event can witness (in this case, violation). Can really be attracted by the witness as the traffic police officer (the colleague of the one who makes the protocol), and your relatives, friends, acquaintances who were at this moment in the car. The statement of the inspector that relatives and passengers cannot be attracted as witnesses are not reasonable;
) if the inspector refuses to enter witnesses and at first provides you the protocol for the signature - enter witnesses with own hand. Specify in explanations that the inspector of traffic police refused to make it;
in) if provide you on signing the protocol in which there are no witnesses (and they were not valid), before signing deliver to Z in both columns;
of) in the column “ Received the Copy “ append the signature only after you received the copy. If the inspector refers to need of signing of the first copy of the self-copied form and then will give you the copy - do not agree;
d) very often the inspector after drawing up the protocol (if you challenge the violation fact) stops cars and ask drivers to leave the signature in the protocol on the administrative offense made on you. Tell the inspector that it is illegal, and tell the person signing the protocol that it demonstrates not to your violation, and to what sees your car parked at a roadside (for example), and you personally near the inspector of traffic police. At the direction of material in court it will play a role as all ineradicable doubts are treated in favor of the driver. Also you remember: not you have to prove the innocence, and the inspector of traffic police your fault.
And one more important fact. Testimony, as well as all materials have to have documentary confirmation. So. for example, the radar which gave speed, it not confirmation of the fact of violation!
3. CONTEST of STRUCTURE AND the EVENT of the OFFENCE
As is shown by my practice, to challenge something in court is almost useless. Judges make decisions very simply: it is written “ oncoming traffic lane “ - deprivation for 2 months. The meeting lasts no more than 2 - x minutes. Therefore I recommend to send at once documents (complaints) to traffic police of area, prosecutor`s office (for implementation of supervision of proceeding) and Department of Internal Security. The text of the complaint in all instances is identical. In that case, on business additional inspections will be carried out and even if business and will come to court, there will be not enough two minutes for consideration. During checks and when writing the complaint those main paragraphs which were violated by traffic police officers when attracting you to administrative responsibility will be specified (and in that case you practically will always be automatically found not guilty).
An arbitrariness of traffic police proceeds. Unfortunately, it is the fact. And it will proceed until we, dear drivers, we will not begin to assert the rights. I wish you good luck on the road!