How to fill out the Gai Protocols or how to Omit Traffic Policies - smart tips
How to act when stopped by the inspector?
1. We never leave the car. The Inspector of the SAI does not have the right to demand this. He (if very clever) can remember that he is a police officer, and according to the law of Ukraine "On the Militia" we must comply with the lawful demands of a police officer. We point out that in this phrase the keyword is "legitimate". Conclusion: you can not leave the car, speak through the lowered glass.
2. We have the right to verify (before giving your documents) that this inspector is indeed a traffic police officer. Who knows who can shape and wand where to get it. Therefore, referring to Article 5 of the Law "On Militia", we REQUEST to present a certificate of a police officer. It is very desirable to re-write the full name and number of the certificate. This will make it clear to the inspector that in case of what, we know exactly who to complain specifically. In addition, it is very desirable to verify the person in the identification with the "original". Do they do it when they look at our rights? Here we will do.
3. According to the law of Ukraine "On Road Traffic", we have the right to know why we were stopped. REQUIRED to tell the reason for the stop. We remember that "checking documents" is not the reason, but the desire of the inspector. Checking documents is a humiliating procedure for us, it takes away our time and nerves. If we were under the house every morning stopped PPSnik and asked to produce documents - would we be offended? Here we are also offended by the traffic policeman, why should we be distracted if we do not violate anything.
Recently, among the traffic policemen, the following reasons for stopping have become fashionable:
- You are not wearing a seat belt. Violation of 100%. I advise everyone to wear their shoes ALWAYS. I myself do so, and I have no problem what kind of clip to poke, so that the damned sensor would not squeak. But in fact, one day it will save a life. And the traffic police have less reason to stop.
- Operation "Zbroya-Vybuuhivka". This is a good excuse, but, as a rule, has nothing in common with reality. How to install: call the helpline of the SAI (in each city its own, the inspector generally should give it to you, if you ask) and say that there is a patrol there and there, he says that he is conducting an operation, and we have suspicions that this is not true. Questions from inspectors end, as a rule, immediately.
- The nature of your movement caused suspicion that you are drunk, so "breathe". We answer that the inspector will breathe at home on his wife, they will also breathe into the tube together, and we will pass the examination ONLY in the narcology, where we will go ONLY on their machine and ONLY at their expense. In addition, we hint that the lost time will be indicated in the complaint to the prosecutor's office, and the inspector's data are recorded. The desire for them, as a rule, immediately disappears (except if you are really drunk).
4. Sometimes the inspectors have a desire to "open the trunk." We remember that it is PLEASE, and not a demand. They have no legal right to demand such things. They can only conduct an external examination, and not a search. They can legally even open the door of the car can not - this is a search. Especially the glove compartment, interior, trunk. There are options when they stand together with the "Golden Eagle" and actually do some kind of surgery. Require a search of the trunk. We remember that they can "find" something there, which was never there, for example dill wrapped in the newspaper "Rural Life". Therefore, we DEMAND first to draw up a protocol on administrative detention and a search in the presence of two witnesses, and then we open the trunk. As a rule, after your legitimate requirements, the desire to inspect the trunk disappears.
5. We remember that according to the Constitution, we have one state language in Ukraine, therefore, in case of impolite communication with you, we have every right to rest and say "I'm not your fault" (actual for the eastern regions). I myself do it so often, it helps.
6. We remember that inspectors often violate the law themselves.
For example, they work in "non-working time", so we always learn to pay attention to:
- Does the inspector have a token? If not, why? And it must be!
- What kind of car is the inspector? If this car is private, why? To whom does it belong? The inspector is not obligated to give you answers to the questions, but we can also ask the prosecutor's office about what the inspector is reporting.
- We pay attention to that - is there any technical inspection on their car? And I'll tell you that GAITZ on private cars often without a checkup. We draw the inspector's attention to this and again we recall the prosecutor's office.
- We remember the helpline, we can always call from the mobile and point out our suspicions. Conclusions: if everything is done by law, then stopping us, the inspector spends his time no less than yours, and nerves, perhaps, even more. And the more he meets such "smart" on the road, the less they these "smart" will slow down. I, for example, almost never brake. Try at least once the procedure completely: look carefully at his documents, a token, pay attention to their car, take an interest in the reason for the stop, call in tel. trust. In a week your car will be in a terrible dream to see all the gaits of your city.
Option two: stop for a violation.
1. We never give money to the Gaits. We remember that when you give money to a guy, you, first, break the law yourself - give the BROKER the OFFICER at the execution. Secondly, you cross out everything that was written by me above. The law is no longer on your side. And in general, there is nothing to give him money - he can not do anything to you. Do not be nervous, we behave politely and calmly.
2. Similarly to the first option, we do not leave the car, we propose to write a protocol, we refuse to invite them to their car. Have no right to demand.
3. After drawing up the protocol, we read it CAREFULLY. Are all boxes filled? Is everything correct?
4. The protocol has three places for signing: under violation, under the commentary and under the fact that from Article 63 of the Constitution and Art. The inspector introduced us to the Administrative Code. REQUIRED to acquaint you. I advise you to familiarize yourself with them beforehand in order to distinguish the inspector's bleating from the law. We remember that the Ukrainian legislation in the Ukrainian language, bleating about the rights and duties in Russian, let them tell the Russians visiting. And we demand on the state. language (relevant for the eastern regions). In the case when the inspector does not know the laws and can not acquaint himself with the above articles - we write about this in the comments to the protocol. Under the explanation of the articles, the signature DO NOT BECOME.
5. In the comments ALWAYS we write the phrase "I do not agree with the protocol, I did not break anything, I'll bring the arguments in court". Even if I broke and agree. This will help us in the future. I give a little secret: for every "dissenting" protocol inspectors are forced to write explanations, or just gag, so many such protocols do not reach beyond the inspector's car
6. In case of speeding, remember that the device does not say that this is my speed. Prove it is impossible without video. A video, like other technology, they do not.
7. We remember that in my country I am guilty or not - it is NOT the inspector who decides, but the COURT. Therefore, the inspector is not afraid, we argue. We remember that they do not have the authority to take their rights, they do not have the power to pick up the numbers, they do not have the power to take the car. UNDER NO CIRCUMSTANCES, except for the lack of inspection. In this case - on the penalty area. Therefore, we pass the inspection. Stories about "right now I'll take away the rights", "I'll take off the numbers", "the car on the penalty area" is intimidation, which we do not forget to mention in the protocol. Even if you go without documents or the car is not yours.
8. Also on forget to indicate in the protocol the number and brand of the car on which the inspector stood (if the car is private). Likewise with a checkup on his car. Before the law, all are equal, and traffic police officers must also undergo technical inspection, and to operate a car without it have no right.
9. There is such an option that the inspector, sensing the wrong, DOES NOT give you a protocol so that you do not write "extra" there. We remember that this is illegal, we NEED a protocol for signing and commenting. In case of refusal, we call the helpline and complain. Conclusions: yes, this design takes more time than giving a ten, but has a number of advantages:
- it is legal;
- this will force the gaits to remember your car and no longer slow it down from sin;
- increasing the number of people who do not run with shaking hands to the inspector with a "dozen", we force them to WORK BY LAW, and not to loosen up the belly and work out the reflex of throwing out the staff.
Now for the protocols. If the protocol even reaches the court, the court, as a rule, does not send a summons, or sends without notice, which amounts to non-sending. Without notifying you of the court hearing, the court violates Art. 268 of the Code of Administrative Offenses, which makes its decision illegal and gives you the opportunity to appeal through the prosecutor's office. And considering that the term of administrative responsibility is only 2 months, even if you were 100 times wrong, you can not be judged anew by law. The same applies to receipts from the executive: they are all on ILLEGAL decisions of the court. Through the prosecutor's office, we protest with a request to close the enforcement proceedings, which the prosecutor's office is also doing to "hurray."
Well, in conclusion: you do not need to be a lawyer to know your rights. Knowing your rights gives us many advantages. Inspectors GAI violate the law in the same way as we do. A simple example: they stand and smoke in a public place. Someone tried to make a comment? Try it - you will not regret it!
Stattya 63. The person is not a member of the opposition for the image of the davati, which is shown as an explanatory note to himself, members of the family of close relatives, who are supposed to be legally bound. Pіdozryuvany, accusations chi підсудний має the right to захист. Zasuzheny korostuyutsya vsіma human rights і Gromadyanin, for vinyatkom obmezhen, yakі viznachenі by the law and vіdavlennіy virokom court.
January 28th, 2009
How to appeal the traffic police protocol if you can not convince the inspector to be right
Since November 17, amendments to the Law on the Rules of the Road have come into force in Ukraine. Penalties for violation of traffic rules have grown many times, and accidents on the roads have significantly decreased. However, if drivers become more accurate, traffic police - more picky. However, despite total negligence and conscious violations, drivers are often not ready to admit their guilt. And the question is not in the presence of conscience
If earlier you could "spit" on those 17 UAH. fine, so as not to waste time and nerves to appeal, now you need to think it over. Is your time spent on appealing the protocol more expensive than 300-400 (and even more) hryvnia? Still, the bulk of our citizens earn at best 2-3 thousand UAH. per month. In addition, for repeated violations a number of penalties are foreseen in the course of the year, namely financial punishment on the top of the penalty fork, disqualification of management, public works, administrative arrest. A person can be mistaken - but how bitterly afterwards he will lose his driver's license, knowing that for the first time you were attracted to "for nothing". It turns out that if you do not agree with the fact that they violated the rules, there is a reason to appeal the traffic police protocol. And still - if you resignedly agree, then remember - data about your violations are fixed in the database of the State Automobile Inspection and more patrols get the opportunity to "punch" the information on the spot. Agree, it is more difficult to prove your case, if the database indicates that dozens of times you have written protocols for similar offenses. By the way, in due course will introduce a system of penalty points, which will also increase the risk of losing a driver's license with the accumulation of protocols.
So, you have internally decided to appeal the protocol, which is a member of the traffic police. What to do?
First , demand that the case be adjourned. Article 268 of the Code of Administrative Offenses (CAO), which defines the rights of a person who is brought to administrative responsibility, fixes his right to legal assistance, collection and provision of evidence. Article 33 of the Administrative Code in determining the penalty obliges to take into account the identity of the offender and his financial situation. Naturally, you do not bring all the necessary documents and a lawyer with you. And the law does not require it. And what about inspector GAI without a certificate of income, data about your personality and other nuances can meet the requirements of Art. 33, 268 of the Administrative Code? That's right - with a very big stretch. Why do you need a delay in making a decision? To better prepare, think over your explanations and consult a lawyer. What if the traffic police officer does not want to hear anything about your rights and articles of the Code of Administrative Offenses? It should be noted this fact in the explanation to the protocol, indicating that you asked to postpone the investigation of the case, but the traffic police officer refused. Thus, you will create a good "procedural mine" in this protocol, as your rights have been violated when bringing to administrative responsibility.
The second - always indicate your remarks in the protocol. In the corresponding column of the report, the driver has the right to indicate his explanations on the nature of the violation. Here it is necessary to write all the arguments with disagreement about the fine. It is necessary to specify witnesses (and their contact details), including the passengers of their car, who can confirm innocence. Pay attention to the reasons for stopping your car - this is also important. For example, do not you write on your forehead that there is no temporary registration card? Why then did they stop you? In the blank columns of the protocol, put dashes (it can be in the form of the letter Z) in order to avoid additions. Be sure to write in the explanation that you do not admit your guilt.
Third - check the protocol and resolution. The inspector of the SAI is obliged to issue a copy of the protocol on the spot, and if a decision is made on the place of an administrative offense, then its copy. The data must match the original protocol. Special attention is paid to checking the data of the employee who drafted the protocol. Perhaps, in order to protect you or your lawyer, you will need to question this employee in court.
Fourth - do not delay with the appeal. According to Art. 289 of the Code of Administrative Offenses, a complaint about a decision on an administrative offense case can be filed within 10 days from the date of its adoption. The term can be extended, but for this very good reasons are needed. Decision under art. 288 of the Administrative Code may be appealed to a higher authority (or an official) or to a court. That is, if the error of the traffic police officer is obvious, the complaint can be submitted to the head of the corresponding department of the traffic police. In other cases, go to court. The complaint should indicate all the arguments about the "wrongness" of the traffic cop, supporting them with links to traffic rules, other legislation and evidence. That is, the testimony of witnesses, photo and video materials, etc. (suitable and recorded from a mobile phone). The decision of the court, if you disagree with it, can be appealed in the appeal procedure.
- Code of Ukraine on the administrative admissibility of law [ read ] download: [ ] | [ ]
- ЗУ Про дорожній рух [ read ] download: [ ] | [ ]
- ЗУ Про міліцію [ read ] download: [ ] | [ ]
- ЗУ About metrologiya та метрологічну діяльність [ читать ]
- ZO Pro operatively-roshukovu dіyalnіst [ read ]
- Decision on the Rules of Road Ruhu [ read ]
- Prostova Pro zasverdzhenzhenya Order of water supply of transport facilities for the purpose of looking around with the method of viyavlenya will become an alcoholic, narcotic orphaned spyanyannya abortion pid vlivom likarskih drugov, sho znizhuyut respect that shvidkіst reaktsії, і held such an eye N 1103 [ read ]
- Наказ About enter your account after the road ru that is in the distance of the road to the transport interlocutors N 482 [ read ]
- Наказ About затвердження Інструкції з оформлення працівниками Derzhavtominstruсії МВС матеріалів about adminіstrivatnі pereshennya in the sphere of avoiding the care of expensive road 77 [ read ]
- Наказ Про затвердження Інструкції з інції діяльності підрозділів дорожньо-патрульної слуби Державтоінспекції МВС N 111 [ read ]
For each driver, remaining without rights is equivalent to castration. And, given the latest trends, when traffic cops become not just wolves, but hungry wolves, one must already think about protection. We offer basic ways how to ride without rights so as not to attract attention from the sellers of striped sticks. Some of them are copyright and have been found on the Internet, and some of them have been invented by us, based on our own experience. Yes, yes, we also sometimes left without rights ...
1. NEVER sit behind the wheel in drunk, even with a hangover - more expensive!
2. But if it so happened that he drank it or simply with a hangover - DO NOT EAT PLATE OF HAIR! Buy almonds, a bag of black coffee "Nescafe", on the roadside zazhuyte 50/50, mineralochki after - 30 minutes, there will not be a smell, the fact is proved.
3. If you are braked by Gaitsy and say that it bears from you, first try to "give a tooth" that you did not drink anything and you are offended by such insults as a conscientious citizen.
4. Do not be led - say that I do not agree to breathe into the tube. Scream: "Just an examination!". As a rule, they take you into the bummess there, and even if they are taken - it will erode along the road.
5. On a personal example. Stopped traffic cop, and I was from the night ... with red eyes and an "exhaust", which does not correspond even to the norms of Euro-2))). Of course, he began to teach me zhyzni, to which I said: "You yourself drank, it bears from you." He in response: "Are you driving?". Variants of answer:
- dear, you are a representative of the order, a policeman, and so you say, are not you ashamed? (translating the topic, and he is already thinking how to get rid of you);
- if nothing helps, let him write some protocol (in case you violated and was "zanyuhan"), and in the end you finish "the traffic police officer was in a state of alcoholic intoxication" - in this case 90 percent, that he will break the protocol and he will send you. Do not you need this?
6. Tip on the traffic policeman on SMS - like a woodpecker, and you will be rewarded! Sit down and start demonstratively writing SMS, commenting aloud. For example, that the traffic police officer used obscene vocabulary, threatened you or, again, from him, like after a stormy night.
7. And yet, without the rights of a sub-fief, you should not go ...
8. Keep always the left-hand traffic, the traffic police stand on the roadside on the right, and, as a rule, brake the right-hand traffic line.
7. Follow the speed limits.
9. GAI always stands on:
- - intercity routes - no explanation is required,
- - on the main highways of the city in the places of the greatest congestion of transport - intersections, entry and exit to bridges-dams, exit from the city center to the residential area.
Hold on to the left row, maneuver during the rebuilding to the right side AFTER the GAI car - practice shows that it turns out well.
10. Never look into the eyes of a traffic policeman - the predator's instinct will work: here it is, the victim! Simultaneously, do not travel in sunglasses - instinctively the traffic police officer can react to you as a dangerous person.
11. If you know your city well, you should know the main places of the traffic police's deployment; Seize them in the secondary streets.
12. Avoid one-way streets. The opportunities for maneuvering on them are much lower.
13. When driving on the left extreme row in the course of the movement DO NOT react to the signal from the staff of the traffic police officer, EVEN if it is clearly aimed at you - in today's road conditions it is difficult to make out who this gesture is addressed to - to you or a car next to you - repeatedly rolled. I never noticed any pursuit.
14. It is not necessary to ride without a license to ride a super-supersonic mega-ultra-car cost megayro - a very memorable thing ... Although the owners of such wheelbarrows do not deprive the rights))))
15. On the inter-town - get behind the truck of a ton like this, 20 is better for two or three, but not the whole route, and before the main posts - you will slip by 99 percent. Why to get a car, when you are kind to millions?
16. Posts on the intercity is better to learn beforehand on the map in the internet.
17. Buy vitamin B12 in capsules at the pharmacy. One tablet is enough, and the smell will be neutralized.
BUT! Best not to break it and do not drink at the wheel, then you do not have to get rid of it ...
Communication with employees of the State Traffic Inspection is not a very pleasant occupation. Virtually all drivers want to make sure that traffic cops do not touch them.
The easiest and most understandable way is not to violate traffic rules , but this does not always work. Formally, the traffic police officer has clearly marked reasons for stopping the vehicle. But the list of reasons for stopping is so great that in practice traffic cops can stop any car.
Keep your car clean. Dirty "unreadable" license plates are the reason for stopping. Also, the reason for stopping can be a dirty windshield, because of which you can not see the vehicle inspection certificate.
Keep in the flow. Lone cars that first break from traffic lights or lag behind the flow, stop more often. If you are moving in the left lane, use trucks that are traveling along neighboring lanes for cover.
Do not look at traffic policemen. They are also people and can also feel someone else's views. This effect is difficult to explain, but if you follow the road and do not pay attention to traffic cops, they also do not pay attention to you.
Watch for signs. Truckers often use walkie-talkies and warn each other about gaish "ambushes". If you see a wagon that exceeds the speed, you can rest assured, cops are not around.
A very useful device is a radar detector. He reacts to all devices used by Ukrainian traffic cops to control speed and gives a warning signal. With current fines, it is possible to pay back such a device for two or three violations.
If you see that the traffic cop looks directly at your car, start demonstratively picking at the nose. This, of course, is not a very pleasant, but very effective way. As a rule, traffic cops turn away or stop another car.
If the oncoming car blinks off the road, prepare - ahead traffic cops. The tradition of warning counter-people about the "ambushes" of the traffic police operates throughout the post-Soviet space. In Europe - on the contrary: those who violate the traffic rules, report.
When the car is registered with the traffic police, try to agree on the issue of beautiful license plates. Of course, this is not cheap, but subsequently the owners of cars with the numbers "2222" or "7777" have the opportunity to significantly save on fines - they do not stop even if they go to the red light on the opposite lane.
Never drive past traffic cops too slowly. A car moving at a speed of 40 km / h on a free road, makes them suspicious. Try to move at the maximum allowed speed.
Communication with the traffic police is not a pleasant experience. Therefore, when traffic cops vex the driver without good reason, do not put up with it. After all, traffic cops can easily be defeated by their own weapons.
Old forms of protocols, which were approved by order of the Ministry of Internal Affairs of Ukraine No. 1217, were drawn up in such a way that the driver automatically became an infringer, only by signing the protocol.
In the upper part, the traffic police officer filled in the column "Information on the identity of the offender". At the end of the protocol, a signature was signed indicating that the driver was acquainted with Articles 63 of the Constitution of Ukraine, 268 CCPC and 130 CUOAP. There was also written "Signature of the offender". Next followed a field in which the driver must also sign, under it also appeared "Signature of the offender".
Only on August 20, 2009 the press service of the SAI issued information that the use of the old-style protocols is prohibited. Instead, the traffic police officers are obliged to use the protocols of a new model, in which instead of the word "infringer" the terms "Citizen" and "Person who is brought to administrative responsibility" are used.
Therefore, if you see in the report the words "Information on the identity of the offender" and "Signature of the offender", you can be sure that this piece of paper is only suitable for intimidating ignorant drivers who did not want to bribe. Next to the patrol car, this protocol will not work.
If you have a new protocol before you, you should fill in all the free columns. Particular attention should be paid to two fields called "Witnesses and Victims", the traffic police officers rarely fill them themselves.
If you have passengers in the car, enter their names, home addresses and ask for a signature. If there are no witnesses, write "No Witnesses" in both boxes and do not forget to put Z in a left place. The absence of witnesses is a huge oversight for the traffic police officer. For such a protocol, no one will praise him, and they can reprimand him.
If you are accused of exceeding speed, in the column "Explanations of the person who is brought to administrative responsibility; in fact violations "you can write:" Moved in a dense flow of traffic at a speed (5-10 km / hour less than expected on this site).
The speed indicators set by the device (name and serial number of the device) can not be considered proof of the offense I committed, as it is impossible to establish the authenticity and belonging of the fixed speed to my car.
The protocol was drawn up with violation of Art. 2.14 "Instructions for the organization and conduct of proceedings in cases of administrative violations of rules, norms and standards relating to road safety", as well as art. 251 of the Administrative Code. I petition the Court in closing the case in connection with the non-compliance of the protocol with the requirements of Art. 256 of the Code of Administrative Offenses and the absence of the administrative offense (guided by Article 247 of the Code of Administrative Offenses) ".
If the traffic police officer accuses you of driving to the traffic light prohibiting signal, you can write: "I went to the intersection (adjustable pedestrian crossing, etc.) at the moment when the flashing green traffic light signal changed to yellow. In order not to resort to emergency braking, and not to create an emergency situation at the crossroads, I complied with the requirements of paragraph 8.11 of the Traffic Rules and released the intersection. "
For other violations in the column "Explanations of the person who is brought to administrative responsibility; as a matter of fact infringement », it is possible to write:« With the decision (ФИО and a rank of the worker of GAI) does not agree, I will give detailed explanations on a separate sheet ».
Moreover, in the column "To the protocol is attached" it is also necessary to indicate that explanations are attached on separate sheets and indicate their number. Remember that while in Ukraine only one state language is Ukrainian. Therefore, all comments and explanations should be written only in Ukrainian.
In case of disagreement with the actions of a traffic police officer, the protocol should be signed only after the column "Mr. (name) is familiar with his rights and obligations under Article 63 of the Constitution of Ukraine, 268 Kupap" and "Signature of the person brought to administrative responsibility (the content of the protocol is known , a copy of the protocol was received, the data corrected for me) ".
In all other free graphs, a dash should be placed, so that no one else has added anything. Further within ten days it is necessary to address in court with the purpose of the appeal of the report. It is better to instruct a professional lawyer. The price of their services in many cases is much less than the penalty for violation of traffic rules.
From SHRAM.KIEV.UA: We represent you the opportunity to get acquainted with the sample of this form:
The attitude of drivers and the State Traffic Inspectorate in our country has never been simple. However, lately the number of complaints about unlawful actions of traffic police officers has increased at times.
This can be seen from the frequent messages on the car forums. Is this a seasonal phenomenon or a negative trend?
"In February, I was traveling around Kiev, and at the turn violated the ranks (I started to turn not from the strip intended for it), for which the traffic police officer who stopped me tried to punish me," reads our reader Daria in her letter. "However, in the process of communication, he said that he did not intend to draft a protocol on me, but would limit himself to an oral warning. To do this, he asked me to sign some form - ostensibly an oral warning. On my logical question about the need for a blank, since an oral warning, I was told: "for reporting." This "oral warning" I signed and continued the movement in a good mood, which is infrequent after communicating with inspectors GAI. Imagine my surprise when in a month and a half after the incident in the mailbox I found a ruling on administrative violation and a fine of 430 UAH! And in it there was also a signature similar to mine, confirming the presence of a copy of this resolution. Moreover, the term of payment of a fine (15 days) under this resolution has expired, which means the need to pay it in a double amount. It turns out that 860 hryvnia I need to pay for the fact that someone forged my signature? "
What to do?
To forge a signature, having an original in his hands, is not at all a problem. As can be seen from the copy of the ruling, which the heroine of this episode sent to the editorial office of the "AiF", even the violation in it is indicated differently, rather than the reason for stopping. The fine was issued for the passage to the prohibiting sign of the traffic light.
"At present, the number of such cases has increased," says Vladimir Karavaev, the author of the bestselling book "100 arguments against the GAI." - And it started about the middle of 2010. This can be judged by the number of appeals to our hot lines of legal car care. I call them "protocol manipulations". They fall under Article 366 of the Criminal Code "Office Forgery" and threaten a careless inspector not only with a fine, but with a restriction of liberty for up to 3 years. According to V. Karavaev, the first thing that needs to be done in this situation is to apply to the internal affairs agencies with a corresponding statement on the legal violation, where the circumstances of the incident can be described in detail. And the executive service must apply with a request to suspend the proceedings in the administrative case, explaining them to the new circumstances that have arisen.
Himself a judge?
- By signing the protocol, you do not necessarily agree that you are an offender. Autograph only means that you are familiar with the contents of the document. Therefore, it is better not to refuse signing, as it will already play against you in case of a trial.
- Filling out the protocol, do not write that you admit your guilt completely, even if the inspector asks you about it. First, the protocol does not require this. Secondly, this will completely deprive you of the opportunity to appeal against unlawful punishment in the future.
- If the inspector asks you to write something in the protocol "in the spirit of" drank a bottle of beer, and refuse to go to a medical examination, "do not go on his way. Such recognition is a joker instead of a trump in the hands of an inspector. Refusal to undergo an examination for alcoholic intoxication is a serious offense, which will be responsible for all the severity of the law.
What to sign?
The head of the legal department of the public project "Road control" Anton Lysenok generally questions the legality of levying a double penalty for late payment in 15 days.
- The fact is that the order that would regulate the multiplication of the amount of the fine by two is nowhere legally enacted. This can be emphasized if it comes to court. A verbal remark - for that and oral, so as not to resort to writing. And you need to understand the difference between an oral note and a warning. According to Art. 22 of the Administrative Code of Ukraine, the violator can be released from administrative responsibility if the violation is of little significance. In this case, such a measure as an oral observation applies to it. However, a warning (Article 26 of the Administrative Code) is recorded in writing.
According to the lawyer, a written fixation is the preparation of a protocol, a copy of which must be issued to the driver. Therefore, all the excuses of inspectors such as "this for internal reporting" can be dismissed immediately.
The language of numbers!
According to statistics, voiced by Vladimir Karavaev, about 10-15% of all problem cases, for which drivers apply for legal assistance, are for protocol manipulation.
Variants of manipulation:
Having communicated with human rights activists, we compiled a rating of the most popular manipulations with respect to drivers by inspectors of the SAI.
1. Forgery of a signature
The case described above, it turns out, is not uncommon. The signatures are forged, despite the threat of criminal liability for official forgery.
2. Confusion with dates
Sometimes, the inspector "accidentally" confuse the month in the protocol and put April instead of May. It would seem, a trifle, but in this case the driver is already doomed to pay double the fine, since the 15-day period allowed for payment has expired.
3. The failure to sign the protocol
The driver was stopped, took the documents, without his knowledge, they copied the data and returned it. And then they made a report, where they wrote about the refusal to sign it from the driver's side. And wait for the "letter of happiness."