Who is a witness upon violation of traffic regulations?
Each of us violate traffic regulations from time to time. And each officially made out violation is followed by the protocol and the resolution. From the staff of traffic police and about a large number of illegally responsible violations all of us know about an arbitrariness or, at least, heard, and so the most part from them is connected with witnesses in the case of an administrative offense. Remember: there are no witnesses, there is no violation! The inspector of traffic police knows about it and applies a number of tricks to prove your fault. I suggest to deal with the one who such witness in the case of an administrative offense.
Article 25. 6 Codes of the Russian Federation about administrative offenses (Code of the Russian Federation on Administrative Offences) say that “ any person who knows something on business " can act as the witness in the case; including close relatives, other inspector of traffic police and other persons. If the inspector says that the close relative cannot act as the witness, refer to article Code of the Russian Federation on Administrative Offences! The inspector just misleads you.
By drawing up the protocol the inspector is obliged to enter in it witnesses, including those which were in your car. The inspector is obliged to enter all witnesses in spite of the fact that in the form of the Protocol the place for only two witnesses.
If the inspector refused to make it, specify this fact in the column “ Explanation of the person … “. It will be violation from the official that involves, including, unconditional cancellation of the Resolution. In the same column or in any empty seat you have the right to enter real witnesses in the case.
If the inspector refuses to enter witnesses, make it with own hand. Whatever the inspector spoke, you do right thing. Often the inspector reports to you about violation of you, about the damaged form, about responsibility both withdraws this Protocol and begins to write out new. In that case in the column “ Explanation of the person … “ specify for what reason the inspector withdrew the Protocol No. (…).
Happens and so that the inspector as the second witness involves the driver of any car passing by, that is, the person which was not present at the time of commission of an offense; of course, this driver cannot act as the witness in the case. The driver stopped thus who signed the Protocol as the witness can demonstrate no more than that your car costs on the carriageway and he sees it. Warn about it the inspector. Item 3 of Art. 26. 2 Codes of the Russian Federation on Administrative Offences: “ use of the evidence obtained with violation of the law " is not allowed;. This point repeats article 50. 2 Constitutions of the Russian Federation. The comment to it: The provision on inadmissibility of the evidence obtained in the illegal way is directed to prevention investigative and miscarriages of justice which can be generated by incorrect sources of information. This situation is directed also to protection of the rights of citizens and caution of officials of law enforcement agencies and court against violation of standards of the procedural legislation... “.
Non-compliance with this order demonstrates that the citizen was brought to administrative responsibility illegally, at the same time, according to the Resolution of Russian Armed Forces on civil cases (No. 12 BVS of 2001) irrespective of, made or not the person made responsible, an administrative offense. If the inspector does not enter names of passengers in minutes or represents false witnesses (as it was made), he makes the penal act provided by Art. 292 of the criminal code of Russian Federation “ Office forgery “.
In the complaint about illegal actions of the traffic police officer you have the right to ask to bring this official to trial upon office forgery.
You are not obliged to witness. If you were stopped by the inspector of traffic police and asks to sign something, think over legitimacy of performance by the witness on the this case. You can act as the witness, signing the scheme of the road accident, to act as the witness when you saw the made violation, but not to subscribe in any way under violation which you did not see.
Anyway: on the road, at home, in any other place be attentive to what you sign. It is rather important point. Do not create to yourself and others problems.
Good luck on roads!