How to protect itself from an arbitrariness on the road? Welcome
, the most real opportunity to prove the case on the road is to make audio - video of conversation with the inspector of traffic police. The dictophone, a MP3 - a player, the cell phone with function of a video audio recording, the camera, a video camera will approach.
Important not than to remove and what to remove. It is necessary to select song so that time and the place of shooting, and also all events at that moment was clear.
An ideal situation when in the car the video recorder is installed (it is desirable with function of an audio recording), however, as from - for high cost of this equipment, can afford it not everyone, we will talk about those opportunities which everyone has. For example, to carry out record on the mobile phone.
Include record right after a stop, regardless, you violated Rules or not. Record can be begun with words about time and the place of a stop, for example: “Now 23 hours 55 minutes on August 10, 2010, intersection of streets of Lenin and Smolensk, inspector of traffic police, breastplate...“. Pronounce each action of the inspector aloud. For example: “The inspector, I transfer you for check the driver`s license, the certificate on registration, the coupon of checkup, an insurance.“
do not switch off the equipment throughout all conversation At all. To hide a dictophone, a video camera or not - your business. On the Internet cases of “casual“ falling both a dictophone, and his owner are described; unfortunately, the militia is not always adequate so as far as that is demanded by the law.
There is no normative document which forbids a conversation recording with the inspector - it is possible to write down conversation with it. Besides, the Administrative regulations No. 185 grant on it the right. If the traffic police officer says that it is forbidden to remove traffic police officers, remind him item 25 Adm. Regulations No. 185: “The employee should not interfere with use of video - and the sound recording equipment the participant of traffic if that is not forbidden by the legislation. The employee has to report about existence of a ban to the participant of traffic making record.“
That is if there is a ban, then it has to be directly specified in the law, and in our country “Is allowed everything, except directly forbidden by the law“. The traffic police officer has to provide you the text of the law where this ban is established, and this read text will also be written down by you.
Legality of the hidden use of video - and sound recording devices is regulated by the law “About Information, Information Technologies and on Information Security“ of July 27, 2006 No. 149 - Federal Law. Article 3: “Legal regulation of the relations arising in the sphere of information, information technologies and information security is based on the following principles:
3) openness of information on activity of government bodies and local governments and free access to such information, except the cases established by federal laws“.
In the subsequent when materials are issued and business is brought to trial, it is necessary to keep record and the most court session. The audio recording of court sessions and independent maintaining the protocol all present at court is allowed by article 24. 3rd item 3 Administrative Code. To warn about application of a dictophone optional, at the same time, photovideo filming of court session is carried out with the permission of the judge.
The original of digital record should be kept on the device (carrier) on which record was made, and in court or body of traffic police (at the appeal of the insignificant imputed violations) record on a usual disk is provided.
To a huge regret, the driver in Russia is in that situation when he is forced to provide proofs of lack of the violation imputed to it. In our practice a large number of affairs was closed for the reason that the traffic police officer tried to forge data and to provide the false facts, and to prove it it was presented possible exactly thanks to record existence.
Do not violate the rule! Good luck on roads!