What the inspector of traffic police - the protocol or the resolution can issue?
When you violated traffic regulations (or did not break them, or simply do not agree with responsible violation), the inspector of traffic police is obliged to write out the protocol on an administrative offense .
at the same time should remember that the protocol on an administrative offense made with essential mistakes can be appealed, besides, it can be automatically cancelled. So, in the protocol, besides the traffic regulations point which was broken by the driver the article of the Code providing responsibility for violation has to be specified, for example; in the protocol everything (notice, one and all) have to be specified witnesses, accurately and all columns are accurately completed.
At any violation the inspector of traffic police is obliged to write out the protocol. However for insignificant offenses the inspector has the right to write out the resolution on business , but is able to do it only when you completely admit the guilt. If you do not admit the guilt, and the inspector wrote out the resolution, it can mean, at least, violation of your rights regarding failure to provide an opportunity to use protection according to Art. 25. 5 Codes of the Russian Federation on Administrative Offences. Advocaat Wam is put from the moment of drawing up the protocol. The inspector, having found you guilty on the place and having denied the assistance of the lawyer (defender), deprives of you the right for a legal aid guaranteed by article 48 of the Constitution of the Russian Federation when considering the case. It is the sufficient basis for cancellation of the decision on punishment! This circumstance directly confirms violation of an established order of consideration of the case in this connection the resolution is subject to unconditional cancellation.
Thus if the protocol is only preparation for consideration of the case, then the resolution on business is, actually, recognition you by the guilty person.
At pronouncement of the resolution the inspector is obliged to be guided by Art. 29. 1 Code of the Russian Federation on Administrative Offences according to which item 3 the official is obliged to find out whether protocols are correctly made and issued case papers.
Art. 1. 5 Codes of the Russian Federation on Administrative Offences (Art. 49 of the Constitution of the Russian Federation): the person made responsible is subject to responsibility only for those administrative offenses concerning which his guilt is ascertained. The person is considered not guilty until his fault is proved.
of St. 29. 1 Code of the Russian Federation on Administrative Offences: by preparation for consideration of the case the official is obliged to find out: whether protocols and other case papers are correctly made. Whether there are circumstances excluding proceeding. Whether there are enough case papers for its consideration. Whether there are petitions.
Certainly that, according to this article, it is almost impossible to make all necessary actions on the place, and it becomes in the automatic mode counting on the fact that the driver will not challenge the decisions made by the inspector.
If you challenge the resolution and intend to appeal against it, in the column “ With violation he agrees... “ write the phrase: “ Did not violate traffic regulations … “ also put the signature near this phrase, but not on the respective line.
It is also important to remember that the sufficient basis for cancellation of the passed decision is the decree issued with violation of a legal procedure.
IMPORTANT: The inspector who violated your rights according to your statement can be brought to a disciplinary responsibility upon the allowed violations.
And the last. The inspector who made the protocol or the resolution on the basis of Art. 28. 2 Codes of the Russian Federation on Administrative Offences it is obliged to hand the copy of an administrative report or the resolution. Sign the column “ Received the Copy “ only after really received the copy. It will allow to avoid possible “ cunnings “ from the inspector.
Anyway, try not to violate traffic regulations. At least because your life and life of other people depends on it.
Good luck on roads!