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You saw the wand and heard the whistle

You saw the wand and heard the whistle 1
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You saw the wand and heard the whistle

You saw the wand and heard the whistle

It is harmful to think that only a traffic police officer has the right to stop your car. In accordance with the Law of the Russian Federation “On the Police”, any law enforcement officer – from an ordinary UBEP officer to the head of the passport office, can wave a rod (and in its absence – a cap, limb, empty purse). It is only important (as the Manual on the work of traffic police says) that this requirement is extremely clear to you.

However, a police officer can use this right only if he has sufficient reason to believe that you have committed (or intend to commit) an administrative offense or, God forbid! – criminal offense. The traffic police, in addition, are given the right to stop vehicles at stationary traffic police posts to check documents, even if you did not violate anything. But categorically – by order of the Ministry of Internal Affairs No. 329 – it is forbidden to stop outside the post only for checking documents.

Particularly cunning traffic police officers, justifying their illegal actions to stop, often claim that they are doing this as part of the Whirlwind-Anti-Terror event. Do not believe the talkers. If such an event is truly held, then, firstly, as the RF Law “On Countering Terrorism” states, the decision to introduce a counter-terrorism operation regime and the list of measures to be applied are subject to immediate publication. Secondly, the counter-terrorist operation is carried out, as stated in the same Law, “to suppress a terrorist act if its suppression by other forces or means is impossible”. In other words, if you are carrying explosives, but you can’t stop you on the road and neutralize you, only then you can introduce the counter-terrorism operation mode.

Remember that you are obliged to stop at the request of a police officer only if the requirement applies, of course, to you. If the traffic police inspector (as well as any other police officer) accused you of not intentionally stopping, proving, in his opinion, disobedience, do not panic: part 2 of article 12.25 of the Code of Administrative Offenses punishes failure to comply with the lawful requirement of the police officer to stop only a fine in the amount of two hundred to five hundred rubles. And when considering the case of non-compliance with the stopping requirement, the traffic police inspector will have to prove that the stopping request was addressed specifically to you, and that (the most unprovable!) It was very clear to you.

The practice of considering such cases has not yet been known of a single case in which the traffic police inspector could prove that his demand was “stand!” it was clear to the driver if the driver claimed otherwise.

Be extremely careful if you were asked to stop in the dark by a police officer who ran out of the bushes onto a deserted road. The police uniform is not yet confirmation of his belonging to law enforcement agencies – the uniform can be bought on Arbat. Therefore, without turning off the engine, without leaving the car, and only slightly lowering the glass, correctly suggest that a traffic police officer allegedly call a police patrol or accompany him to the nearest traffic police station or the department of internal affairs. And although this procedure is not provided for by law, it is quite firmly established in practice.

Before handing over the documents to the inspector, ask who you are dealing with (contrary to the requirement of the Order of the Ministry of Internal Affairs No. 329, the traffic police rarely introduce themselves) – on the basis of clause 2.4 of the SDA, ask for an official ID and write down “personal data”. Pass your documents into the hands of the traffic police inspector, if possible, with witnesses or on a tape recorder, saying: “Here you have the rights, here is the power of attorney. “. Remember that rogue traffic police officers often hide one of the documents in their pocket and claim that it was not there, thereby putting you in danger of being removed from driving and then sending it to a special parking lot. And they hint that “you can, however, agree”.

After passing the documents, do not go half-bent after the inspector: traffic rules do not oblige you to get out of the car at all. Even the Manual on the work of the traffic police says that the inspector has the right to only offer you to get out of the car and go to the post with him. And you have the right to refuse.

It is important to remember that a banal verification of documents is not a reason to demand the presence of a lawyer (which, incidentally, can be not only a lawyer, but also any other person). However, as soon as the police officer begins to carry out any procedural actions, such as: detention, personal search or search of your car, seizure of things and documents, removal from management, referral to a medical examination for intoxication, detention of the vehicle or removal of registration marks , you can safely submit a written application for the involvement of counsel as a participant in the process.

And not a single traffic police inspector will have the right to refuse you, for he will violate your legal right to defense!

It is clear that you will be able to summon your defender to the place of events instantly, but not every defender will be able to come just as lightning fast. Therefore, since in the absence of a defender, the traffic police inspector will lose the legal opportunity to perform the above procedures, he will be forced to join you. to wait.

With proper use, such a norm completely paralyzes the labor activity of the traffic police officer, because he does not have the right to refuse to protect you, and the law, meanwhile, does not indicate what time it takes to wait for a lawyer to be considered as maximum permissible (not equal to that which is enough, for example sober up?).

If your written request for participation in the defender’s case is not satisfied, and the traffic police officer starts the case without him, in the future it will be possible to question the whole procedure (inspection, seizure, prohibition, etc.), as carried out in violation of the requirements Article 25.5 of the Administrative Code of the Russian Federation.

However, if you are ready to fight on your own, the flag is in your hands. Remember that police officers have the right to bring only those charges which (if you do not agree with the violation) are capable of proving, since the Code enshrines the constitutional principle of the presumption of innocence in article 1.5. This means that, in accordance with not only Article 49 of the Constitution of the Russian Federation, but also with the Code of Administrative Offenses of the Russian Federation, the driver in respect of whom the proceedings are being conducted on an offense is not required to prove that he did not violate. He is presumed innocent until his guilt is fully and comprehensively proved by the prosecution. Lawyers on this occasion say: “Guilt is not proved, then innocence is proved”.

Moreover, even if there is irrefutable evidence of guilt, the driver will be presumed innocent until a decision to impose a penalty on him comes into force, that is, only ten days later (if the decision is not appealed) from the moment one of the decisions is made: warn fine or deprive.

Thus, if you have not committed offenses, do not agree with the accusation, regardless of the scale of the allegedly committed act (you did not fasten your seat belt, went on the oncoming road, exceeded speed), demand documentary evidence of your guilt.

However, remember that recently the creators of laws with Mokhovy places abolished the presumption of innocence. If you, God forbid, bribed voters, cut down the forest without permission, and did not comply with fire safety requirements, you will have to prove the guilt of an administrative offense to the regulatory authorities. And they will punish, as before, those whose guilt has been established and proved. For violations of the Rules of the road (if they are recorded by video and cameras working in automatic mode), the owner of the vehicle is now responsible. Like, he handed the car to Ivanov to slove Petrov (and we are the same slobs, because we can’t find out who violated), answer!

At the same time, it is completely pointless to present evidence that, at the time of the violation of traffic rules, Ivanov was at the North Pole, was in intensive care, or made a tour to the stars. Opponents of the presumption of innocence explicitly wrote in the new version of the Code: the owner of a vehicle is exempted from administrative liability only in two cases: if it is confirmed that at the time of fixing the violation, the brother, matchmaker or mother-in-law used the vehicle (the “sell your neighbor!” Attraction). And since not every owner wants to repeat the feat of Pavlik Morozov, and for every mother-in-law, matchmaker or brother, the presumption of innocence will extend and it will hardly be possible to prove their guilt! It’s easier and faster to “drown” the rightful owner of a car.

Guaranteed to relieve him of liability only the second – unfortunate – case: if Ivanov proves that by the time of the violation of traffic rules his car was simply stolen.

True, the deputies promised the owner of the vehicle Ivanov not to punish strictly for Petrov’s tricks: the new version of the Code provides for punishment for a good-natured owner only in the form of a minimum fine.

It is important to remember that in accordance with Article 26.2 of the Code, not everything can serve as evidence of guilt. Evidence can only be protocols provided for by the Code, explanations of the driver, testimony of the victim, witnesses, expert opinions, material evidence, as well as testimonies of special technical means. Since morally obsolete technical equipment available at the traffic police generally do not issue a printout (which serves as documentary evidence of a violation of traffic rules) indicating the state registration number of the car and its photo, time and place of the offense, information about the car owner, such evidence, although taken into account by the court, with qualified self-defense they can still be regarded by the court as unconvincing.

However, even gathered together, all the evidence listed above may not be the basis of the accusation, because, as stated in Article 26.11 of the Code, evidence is subject to assessment when considering a case. And the official or the court may consider this or that evidence inconclusive or insufficient. Moreover, the Code establishes that no evidence can have a predetermined force, that is: evidence of guilt, for example, can not be in advance, before they are investigated, recognized by the court an order of magnitude higher than evidence of innocence. Neither can evidence be a ruble more expensive if it was not presented by a simple sergeant, but by a whole general.

Meanwhile, if you have evidence of innocence, it makes no sense to languish in anticipation of the collection of evidence of your guilt: present in your defense (and again, this is your right, but not an obligation!) Any data that seem to you to be significant and refute your guilt. Such, in particular, may be the testimony of your passengers. Ask the traffic police inspector not only to write them in the protocol as witnesses, but also to attract them as such. And to his objections of the type “wife is not a witness, but an interested person”, remind the ignoramus of article 25.6 of the Code: as a witness, a person who may be aware of the circumstances to be established may be called.

Sometimes the traffic police say that only witnesses from the traffic police can be entered in the protocol: the protocol, they say, I compose, so I enter only my witnesses into it! These are the wrong policemen..

Strictly speaking, there is no such thing as a witness “mine” or “stranger” and cannot be. In administrative proceedings, a witness is any citizen who has witnessed an offense. And it does not matter where he was located – next to the traffic police inspector, in the driver’s car as a passenger, or he watched what was happening through the porthole of a plane flying past.

After all, if you adhere to the logic of stupid inspectors, then, for example, an investigator busy looking for an apartment thief should not take into account the testimonies of neighbors indicating the signs of the criminal, because they, that is, neighbors, “are not on his side”.

Thus, any competent citizen (regardless of the degree of relationship) who has seen or heard anything can act as a witness. Consequently, the witnesses can be both the wife and the boss, and the entire personnel of the traffic police department who were present when you violated traffic rules. A wife, however, when considering a case even at gunpoint can not knock on her husband: article 51 of the Constitution of the Russian Federation and 25.6 of the Code gives her (as well as your other close relatives) the right not to testify against her close relatives. And she will be obliged to give testimony (as well as be responsible for their truthfulness) only if she is interrogated in another case – the case of not a close relative.

If you or the witnesses have something to say, and there is no longer any place for outpourings in the protocol, let the traffic police officer pass by your ears: “write briefly, not Tolstoy, tea. “.

Remember that part 2 of article 26.3 of the Code of Administrative Offenses directly indicates: the explanations of the driver and witnesses are reflected in the protocol on the administrative offense, and, if necessary, are recorded and attached to the case.

Thus, if the protocol does not have a place for the flight of your thoughts, you have every right to write on a blank sheet of paper everything that you consider necessary and to demand that the explanations be attached to the case materials. And this needs to be done already if only because traffic police officers, acting as an accuser, often do not want to get full explanations, because they may not agree with the inspector’s point of view, and then instead of a reporting “stick” the traffic cop will get a headache in eliminating these contradictions.

There is an idea that the refusal of an explanation in the minutes or on a separate sheet means disagreement with the prosecution. This is a profound error! Rejection of written explanations (i.e. silence) is most often regarded as. sign of consent. Moreover, in the case of driving while intoxicated, the refusal of written explanations is often considered (contrary to the rule of law) as a sign of extreme intoxication, in which the driver did not even manage to get into the protocol with a fountain pen. Therefore, if the accusation of violation of traffic rules seems to you untenable, do not refuse to state your point of view in the protocol or on a separate sheet. If there is nothing to say in essence, write briefly: “I do not agree! I demand to consider the case in the presence of a defender. ” You’ll figure it out later – what did you disagree with.

And be sure to sign the protocol in its penultimate column “Signature of the person in respect of whom the case has been instituted. “, For there is nothing to fear: the signature itself does not mean you plead guilty.

Do not refuse the signature in the part of the protocol which states that in accordance with Article 28.2 of the Code of Administrative Offenses of the Russian Federation, your rights and obligations have been clarified (to get acquainted with all the materials of the case, give explanations, present evidence, file petitions, and use the assistance of a lawyer.), And also that you are familiar with the protocol and received a copy of it. But even that – only if the above has been done. If the inspector did not explain your rights to you or, having clarified, in violation of the requirements of Article 28.2.4 of the Administrative Offenses Code of the Russian Federation, did not allow him to familiarize himself with the protocol, before signing the fourth line from the bottom, cross out what actually did not exist. It’s like in accounting: got a salary – signed. Not received – set aside the sheet virgin.

Keep in mind: if the inspector of the traffic police did not indicate in the protocol that you refuse to sign the protocol, then (as the Supreme Court of the Russian Federation said, approving the Review of Judicial Practice for the 4th quarter of 2005), the judge must return this document to the traffic police.

Do not give in to provocation: never write anything in your explanations under the dictation of the inspector. Often, when compiling a protocol, traffic police officers affectionately ask frankly to admit something in exchange for a lenient sentence. Remember that for serious offenses (passage of a railway crossing to a forbidding signal, exit to the oncoming lane, etc.), a promise to pardon is made by one – an ordinary traffic police officer, and the judge executes a completely different one. And the peasant landowner – not a decree.

Keep in mind that you do not have to answer the question of the traffic police inspector about the place of your work. Indeed, the high-paid position in a reputable company often mentioned aloud does not arouse interest in the traffic police inspector at all in road safety. Moreover, if the place of work is indicated in the minutes from your words, the traffic police officer in case of your refusal to pay the fine will send a writ of execution to your accounting department, which will be required to deduct the amount of the fine from your salary. A steward retained from his salary may not be a great loss for you. But the opinion of a pretty accountant Lucy about you can be dramatically undermined.

When compiling a protocol by the traffic police inspector, do not tell him about his mistakes. Do not suggest that, in accordance with Article 28.2 of the Code, the protocol must indicate the date and place of its preparation, its position and surname, information about you, details of the witnesses (if any), place, time and nature of the offense, as well as an article of the code providing for liability. Remember that a protocol drawn up in violation of the requirements of this article, as evidence obtained in violation of the law, may be declared null and void and in accordance with Article 26.2.3 of the Code of Administrative Offenses of the Russian Federation can be used as evidence of your guilt.

Therefore, letting the inspector somehow cheat this letter, you will deprive your prosecutor of the often only evidence he has of your violation in the form of this protocol.

Do not forget that the traffic police inspector does not have the right to torment you for hours while drawing up the protocol: the “Manual on the operation of the traffic police”, approved by Minister’s Decree No. 297, and the Code of Administrative Offenses also speaks about this. This circumstance was confirmed, in particular, by the Kondopoga city court: the judge established that the traffic police inspector, who filed the violation, recalled the “rules for writing letters and numbers” and composed the protocol for as long as half an hour! The furious judge in his decision indicated that “in accordance with Article 28.5 of the Code of Administrative Offenses of the Russian Federation, the protocol on an administrative offense must be drawn up immediately after the detection of the offense”. And if you consider that when filling out the protocol, the inspector must draw no more than 30 words (which takes a few minutes), then the half-hour procedure for processing the document is also illegal!

This means that you can not only sit quietly behind the wheel of a car waiting for the preparation of the protocol and present it on a silver platter, but also defiantly start the stopwatch.

Do not forget to take a copy of the protocol! Otherwise, without it, you will not know who and what is blaming you, whom and for what reason to complain. As well as – where to appear for consideration of the case and where to look for your driver’s license.

Do not point the inspector to the fact that, having drawn up a protocol for violation of traffic rules by you, he does not have the right to personally examine the case and here, right on the road, punish him with a warning or a fine, because the same traffic police inspector cannot be many-sided Shiva: detect violation of traffic rules, draw up a protocol, attract witnesses, assess the identity of the offender, establish mitigating or aggravating circumstances, evaluate evidence of guilt and “sentence” the driver to punishment. That is, to appear immediately in several persons: to be an opera, and an investigator, and a judge, and a prosecutor, and an expert, and “the head of a maximum security colony.” After all, if the traffic police inspector acts as a prosecutor, he cannot adequately, impartially evaluate the identity of the offender and impose a fair punishment. He is not interested in clarifying mitigating circumstances, for their identification – God forbid! – will ruin the business so gloriously begun! The traffic police inspector is not able to objectively evaluate the evidence of the driver’s guilt, because he himself obtains and evaluates this evidence himself!

But remember yourself that another traffic police officer should consider the case of traffic violations – even if he is standing nearby! And it was he (or another, say, sitting in a parsing group), as an arbitrator who decided to resolve the conflict, that he would evaluate the identity of the offender and the evidence of guilt obtained by his colleague. Indeed, article 24.1 of the Code of Administrative Offenses of the Russian Federation requires an objective consideration of administrative cases!

It is clear that the independence of another traffic police officer during the execution of the execution is also very doubtful, because both of them are washed in the same bathhouse. And yet, with this distribution of powers, there is some hope of the impartiality of the “judging”.

Remember that under the Code, the traffic police inspector has the right to hold your driver’s license only if you have committed a gross offense (driving while intoxicated, exceeding the speed by more than 60 kilometers per hour, refused a medical examination, left for the oncoming traffic, etc. n.), that is, committed an act for which deprivation of the right to control is provided.

In this case, the inspector must issue you in return for the seized driver’s license. not corresponding to the Vienna Convention on Road Traffic (exclusively Russian invention – management rights have not yet been deprived, but have already been deprived of the right to travel with an aunt in Ukraine), referred to as a “temporary permit”, will be required to issue you a temporary permission to control with two months maximum.

In the future, if the court does not meet the two-month review period provided for in Article 4.5 of the Code of Administrative Offenses of the Russian Federation (for example, the case traveled around the country for a long time before it came to the place of violation from the place of violation), you will have to bow to the judge and ask for an extension of the “temporary ward” circulation for up to one month. You can’t do it for more. Not provided.

Which is very unpleasant: a judge who is in a bad mood can only be extended for a day or two. For the Code says “no more than”, but nothing is said about “less”.

What is very pleasant: after the entry into legal force of a decision in a case, one should not run headlong into the traffic police and hand over a “security certificate”, because at the end of its validity it automatically becomes worthless piece of paper, suitable only for self-rolling.

By the way, in arithmetic textbooks for the second grade, you can now safely include a new task of the type: Uncle Vasya extended the time resolution five times. At the same time, he made ten trips: from point A to point B and back. Every month, more than three thousand such uncles arise in the city of N. How many superfluous city tours for its residents did the deputies come up with and when will this city finally rise? (Look for the correct answer on the road).

If you do not dispute your guilt, and the offense you committed does not lead to deprivation, the inspector will not be required to draw up a protocol. In this case, he will immediately award you a resolution – a receipt indicating the amount of the fine that you will have to pay. When imposing a fine, he will have to take into account the nature of what you did, your personality and circumstances mitigating your guilt, and choose the amount of the fine based on the plug provided for by the Code of Administrative Offenses of the Russian Federation – from and to. At the same time, he has recently been given the right, regardless of his position and rank (if the case is not subordinate exclusively to the court), right on the road, to award a decision with any (specified in the Code) fine.

But having received your documents from the inspector’s hands, carefully study the driver’s license: if you are the winner, it is possible that characteristic marks appeared in your “rights” photo – pierced eyes with a pin or dots printed on the portrait with a fountain pen.

The police “Morse code” is clearly structured: each mark means something different. You, for example, are an unbridled brawler, a quiet complainer, a person prone to giving bribes, a provocateur or an idler. In any case, every traffic cop in the Russian Federation, looking at the mark, knows for sure who is in front of him.

Since such arts are already taking on an all-Russian scale, gaish bosses periodically publish a circular to avoid scandals, which they require from subordinates “when removing a driver’s license, check its condition and indicate in the protocol that there are no visible damages.” If the traffic police inspector ignored the will of his generals, you yourself can write in the protocol (in the column “Explanation.”) That you give the driver’s license virgin, not even laden with flies.

Well, and if you missed the moment of applying tattoos on your brow, immediately change the license in the traffic police for a new one due to damage. The cost of obtaining a duplicate in any case will be less than the cost of restoring the nervous system, undermined as a result of your transformation into a target on duty.

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