How to fill out the GAI Protocols or how to otmazatsya from traffic cops - smart tips
What to do when you stop the inspector?
1. Never get out of the car. The traffic police inspector does not have the right to demand this. He (if very smart) can remember that he is a police officer, and according to the law of Ukraine “On Police” we must fulfill the legal requirements of a police officer. We point out that the phrase “legitimate” is in this phrase. Conclusion: do not go out of the car, speak through the lowered glass.
2. We have the right to make sure (before giving our documents) that this inspector is indeed a traffic police officer. You never know who can take the form and the rod. Therefore, referring to Article 5 of the Law “On Police” we REQUIRE to present a certificate of a police officer. Very desirable name and ID number to rewrite. This will make it clear to the inspector that in the event of what we know exactly who to complain specifically about. In addition, it is highly desirable to verify the person’s identity with the “original”. They do it when they look at our rights? Here we do.
3. According to the Law of Ukraine “On Road Traffic”, we have the right to know why we were stopped. We DEMAND to tell the reason for the stop. Remember that “verification of documents” is not the reason, but the desire of the inspector. Document verification is a degrading procedure for us; it takes our time and nerves. If PPSnik stopped us every morning under the house and asked for documents, would we be offended? We also take offense at the traffic police officer, why distract us if we didn’t break anything.
Recently, such reasons for stopping have become fashionable among traffic police officers:
- You are not fastened. Violation of 100%. I advise everyone to wear out ALWAYS. I do it myself, and I don’t have a problem, what kind of paper clip to shove, so that the damn sensor doesn’t squeak. But in fact, one day it will save a life. And the traffic police have fewer reasons to stop.
- Operation “Zbroya-Vybuvivka”. This is a good excuse, but which, as a rule, has nothing to do with reality. How it is established: we call the traffic police helpline (in each city, the inspector actually has to give it to you if you ask) and say that there’s a patrol there and says that he is conducting an operation, but we have suspicions that this is not true. Questions from inspectors end, as a rule, immediately.
- The nature of your movement aroused the suspicion that you were drunk, so “breathe”. We answer that the inspector will breathe at home for his wife, they will also breathe together all together, and we will undergo examination only in drug treatment, where we will ONLY go on their car 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 data of the inspector we recorded. Their desire, as a rule, disappears immediately (unless you are really drunk).
4. Sometimes inspectors have a desire to “open the trunk”. Remember that this is a request, not a requirement. They have no legal right to demand such things. They can only conduct an external examination, not a search. They cannot even legally open the door of a car - this is already a search. Especially glove box, interior, trunk. There are options when they stand with the “Berkut” and actually carry out some operations. Required to search the trunk. We remember that there they can “find” something that has never been there, for example, fennel, wrapped in the newspaper “Rural Life”. Therefore, we REQUIRE to first draw up a report on administrative detention and a search in the presence of two witnesses, and then we open the trunk. As a rule, after your legal 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 the case of impolite communication with you, we have every right to rest and say, “I’m not your rozumiyu” (relevant for eastern regions). Himself so often doing helps.
6. Remember that inspectors often violate the Law themselves.
For example, they work during “off hours”, so we learn to always pay attention to:
- Does the inspector have a token? If not, why not? But there must be!
- What car is worth the inspector? If this car is private, then why? Who does it belong to? The inspector is not obliged to give you answers to questions, but we can also ask the prosecutor’s office about what the inspector is reporting.
- Pay attention to the fact - is there a checkup on their car? And I can tell you that gaytsy on private cars often without technical inspection. We draw the inspector's attention to this and again recall the prosecutor's office.
- Remember about the helpline, we can always call there from a mobile phone and always indicate our suspicions. Conclusions: if we do everything according to the law, then stopping us, the inspector spends his time no less than yours, and perhaps even more nerves. And the more they will meet such "smart" on the road, the less often they will slow down these "smart". I, for example, almost never slow down. Try at least once the procedure in full: look carefully at his documents, the token, pay attention to their car, ask about the reason for the stop, call tel. trust. In a week, your car will be seen in a terrible dream by all the gays in your city.
Option Two: stop for violation.
1. Never give money to gays. Remember that when you give money to a gay man, you, first of all, break the law yourself - give a BORN to the OFFICIAL WHEN EXECUTING. 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 for - he cannot do anything to you anyway. We are not nervous, we behave politely and calmly.
2. Similarly to the first variant, we don’t leave the car, we offer to write a protocol, we refuse to invite them to their car. Do not have the right to demand.
3. After drawing up the protocol, we ATTENTIVELY read it. Are all columns filled out? Is everything correct?
4. In the protocol there are three places for signature: under the violation, under the commentary and under that with Article 63 of the Constitution and Art. 268 CAO inspector introduced us. WE REQUIRE TO INTRODUCE. I advise you to familiarize yourself with them first, in order to distinguish the bleating of the inspector from the law. We remember that the Ukrainian legislation in the Ukrainian language, bleating about the rights and obligations in Russian, let them tell Russians that they are visiting. And we require the state. language (relevant for the eastern regions). In the case when the inspector does not know the laws and cannot acquaint with the above articles - we write about this in the comments to the protocol. Under the explanation of the articles, the signature is NOT STATED.
5. In the comments ALWAYS write the phrase “I do not agree with the protocol, I did not violate anything, I will give arguments in court”. Even if violated and agree. This will help us in the future. I will give out a small secret: for each “dissenting” protocol, inspectors are forced to write explanations, or they simply pry, so many such protocols do not reach further than the inspector’s car
6. In case of speeding, we remember that the instrument does not say that it is MY speed. Prove it is impossible without video. A video, like other technology, they do not.
7. Remember that in our 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 have no authority to pick up the rights, they have no authority to pick up numbers, they have no authority to pick up the car. UNDER ANY CIRCUMSTANCES, except for the lack of technical inspection. In this case - to the penalty area. Therefore, for the passage of technical inspection are watching. Stories about “right now, I'll take the rights”, “take off the numbers”, “car for a fine” are intimidation, which we don’t forget to indicate in the protocol. Even if you are driving without documents or the car is not yours.
8. Also, we forget to indicate in the protocol the number and brand of the car on which the inspector stood (if the car is private). Similarly, with technical inspection on his car. Before the law, everyone is equal, and the traffic police must also be inspected, and have no right to operate the car without it.
9. There is such an option that the inspector, sensing something was wrong, DOES NOT give you a protocol so that you do not write “superfluous” there. Remember that it is illegal, we DEMAND the protocol for the signature and comments. In case of refusal, we call the helpline and complain. Conclusions: yes, this design takes more time than giving the top ten, but has several advantages:
- it is legal;
- this will force gayts to remember your car and not to brake it further out of harm's way;
- by increasing the number of people who do not run with shaking hands to the inspector with a “desyatochku”, we force them to WORK BY LAW, and not to wipe the belly and to work out the rod throwing reflex.
Now by protocols. If the protocol even reaches the court, the court, as a rule, does not send a subpoena, or sends it without notice, which is tantamount to non-sending. Without notifying you about the court session, the court violates Art. 268 of the Administrative Code, which makes its decision illegal and gives you the opportunity to protest it through the prosecutor's office. And considering that the term of administrative responsibility is only 2 months, then even if you were wrong 100 times, it is no longer possible to judge you again by law. The same applies to the receipts from the executive service: 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 also does with a bang.
Well, in conclusion: you do not need to be a lawyer to know your rights. Knowing your rights gives us many advantages. Traffic police inspectors violate the law in the same way as we. A simple example: they stand and smoke in a public place. Did someone try to make a comment to them? Try it - you will not regret!
Article 63. A person is not responsible for the conditions given to him, given an explanation for himself, members of his family and close relatives who are under the law. Disagreements, accusations, and martial rights to the aggrieved. The condemnations are condemned by the rights of the people and the homicide, for disbelief, committed by law and imposed by the court.
January 28, 2009
How to appeal the traffic police report if you cannot convince the inspector that you are right
On November 17, amendments to the Law on the Rules of the Road came into force in Ukraine. Penalties for violation of traffic rules have increased significantly, and the accident rate on the roads significantly decreased. However, if drivers have become more accurate, then GAI officers are more picky. However, despite total negligence and deliberate violations, drivers are often not ready to admit their guilt. And the question is not in the presence of conscience
If earlier it was possible to "spit" on those 17 UAH. fine, so as not to waste time and nerves on appeal, now we need to think it over well. Is your time spent on appealing the protocol more expensive than the 300-400 (or even more) hryvnia? Still, the bulk of our citizens earn, at best, 2-3 thousand UAH. per month. In addition, for the re-commission of a number of violations during the year, tougher penalties are envisaged, namely, financial punishment at the top of the penalty “fork”, deprivation of management rights, public works, administrative arrest. A person may make mistakes - but how bitter it will be to lose a driver's license, knowing that the first time you were attracted "for nothing". It turns out that if you do not agree that you have broken the rules, there is a reason to appeal against the traffic police report. And yet - if you meekly agree, then remember - the data on your violations are recorded in the traffic police database and more and more patrols have the opportunity to “punch” information on the spot. You must admit that it is more difficult to prove one’s case, if the database indicates that you have made reports for similar offenses dozens of times. By the way, with time they will introduce a system of penalty points, which will also increase the risk of losing a driver's license during the accumulation of protocols.
So, you have internally decided to appeal against the protocol that the traffic police officer has against you. What to do?
First , ask to postpone the consideration of the case. Article 268 of the Code of Administrative Offenses (CAO), defining the rights of a person brought to administrative responsibility, enshrines his right to legal assistance, the collection and provision of evidence. Article 33 of the Administrative Code in determining the punishment requires to take into account the identity of the offender and his financial situation. Naturally, you do not carry all the necessary documents and a lawyer with you. And the law does not require it. But what about a traffic police inspector without an income statement, your identity data and other nuances can comply with the requirements of art. 33, 268 CAO? 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 to do if a traffic police officer does not want to hear anything about your rights and articles of the Code of Administrative Offenses? It is necessary to note this fact in the explanation to the protocol, indicating that you asked to postpone the consideration of the case, but the traffic police officer refused you. Thus, you will create a good “procedural mine” in this protocol, since your rights are violated when brought to administrative responsibility.
Second - be sure to include your comments in the protocol. In the appropriate column of the protocol, the driver has the right to indicate his explanation of the nature of the violation. Here you need to write all the arguments with disagreement about the fine. Be sure to specify the witnesses (and their contact information), including the passengers of your car, who can prove innocence. Pay attention to the reasons for stopping your car - this is also important. For example, is it not written on your forehead that there is no temporary registration coupon? Why then did they stop you? In the blank columns of the protocol, put dashes (can be in the form of a letter Z) in order to avoid additional notes. Be sure to write in the explanation that you do not recognize your guilt.
Third , check the protocol and ruling. A traffic police inspector is obliged to issue a copy of the protocol on the spot, and if a decision on an administrative offense is made on the spot, then a copy of it. The data must match the original protocol. Separate attention is to checking the data of the employee who compiled the protocol. It may be necessary for you or your lawyer to interrogate this person in court to protect you.
Fourth - do not tighten with the appeal. According to Art. 289 of the Administrative Code, the complaint against the decision in the case of an administrative offense may be filed within 10 days from the date of its adoption. The deadline may be extended, but this requires very good reasons. Resolution according to art. 288 of the Administrative Code may be appealed to a higher body (or official) or to the court. That is, if the error of a traffic policeman is obvious, a complaint can be submitted to the head of the relevant department of the traffic police. In other cases, contact the court. The complaint should include all the arguments regarding the “wrong” of the traffic cop, supporting them with references to the traffic rules, other legal norms and evidence. That is, the testimony of witnesses, photo and video materials, etc. (records from a mobile phone will do). A court decision, if you disagree with it, can be appealed on appeal.
- The Code of Ukraine about the Administrative Right-Wing Assistance [ read ] download: [ ] | [ ]
- ZU Pro Roadway [ read ] download: [ ] | [ ]
- ZU Pro mіlіtsіyu [ read ] download: [ ] | [ ]
- ZU About metrology and metrology [ read ]
- ZU About operational-rozshukovu dіyaln_st [ read ]
- Regulation About the Rules of the Road Rukh [ read ]
- Statement on the procedure for directing the water transport system to carry out a survey of the spirit of the alcoholic, drug
- Punishment About come here polіpshennya look at the road rukhom that vzaєmovіdnosin mіlіtsії іz vlasnikami transport housings N 482 [ read ]
- Mandate About the closure of Іnstruktsіі with the design of the pragmatists of the State Investigation Ministry of Internal Affairs of materіvіv about adminіnіstrativnі porushennya in spherii zapepechenenya bezpeki ruzhnogo ruhu N 77 [ read ]
- Mandate Pro zavtrenzhennya Іnstruktsіі z pitan dіyalnost pіdrozdіlіv dorozhno-patrolno ї service of the State Investigatory MFR N 111 [ read ]
For each driver, being left without rights is tantamount to castration. And, given the recent trends, when traffic cops are not just wolves, but hungry wolves, we must already think about protection. We offer basic ways to drive without a license so as not to attract attention from sellers of striped sticks. Some of them are copyrighted and were found on the Internet, and some were thought up by ourselves, based on our own experience. Yes, yes, we, too, sometimes remained without rights ...
1. NEVER get behind the wheel drunk, even with a hangover - more expensive!
2. But if it so happened that he drank it or simply from a hangover - DO NOT EAT MINT FITTING! Buy almond nuts, a bag of black Nescafe coffee, zazhite 50/50 on the side of the road, mineral water after it - 30 minutes will not smell, the fact is proved.
3. If you are hampered by gays and say that they are carrying you, first try to “give a grudge” that you did not drink anything, and you as a bona fide citizen are offended by such insults.
4. Do not lead - say you do not agree to breathe into a tube. Scream: "Only examination!". As a rule, they are in a bummer to drive you there, and even if they are lucky, they will disappear along the way.
5. By personal example. The traffic cop stopped, and I was from the night ... with red eyes and an "exhaust" that does not even comply with Euro-2 standards))). Of course, he began to teach me the LIFE, to which I said: "You drank yourself, it carries from you." He replied: "What are you chasing?". Answer options:
- dear, you are a representative of the order, a policeman, and so you say, aren't you ashamed? (translate the topic, and he already thinks how to get rid of you);
- if nothing helps, let him write some protocol (in case you broke and was “in pain”), and in the end you finish “the traffic police officer was drunk” - in this case 90 percent that he would break the protocol and send you. Do not you need it?
6. Nastuchi on a traffic cop on SMS - like a woodpecker, and you will be rewarded! Sit down and start defiantly writing SMS, commenting out loud. For example, that the traffic police officer used obscene language, threatened you or, again, carried him, as after a stormy night.
7. And yet, without a license, you should not drive a podshofe ...
8. Always hold on to the left lane of the traffic, the traffic police stand on the side of the road on the right, and, as a rule, inhibit the right lane of the traffic.
7. Observe the speed limit.
9. Traffic policemen always stand on:
- - long-distance routes - does not require explanation,
- - on the main highways of the city in the places of the greatest accumulation of transport - crossroads, entrance and exit to the bridges, dams, exit from the city center to the residential area.
Hold on to the left row, maneuver when changing into the right row AFTER the traffic police car - practice shows that it works well.
10. Never look into the eyes of a traffic police officer - the predator instinct will work: here it is, the victim! At the same time you should not ride in sunglasses - instinctively a traffic police officer may react to you as a dangerous person.
11. If you know your city well, you should know the main locations of the traffic police; drive around them on secondary streets.
12. Avoid one-way streets. The possibilities for maneuvering on them are much lower.
13. When driving along the left extreme lane in the direction of travel DO NOT react to the traffic police officer’s baton, even if it is clearly aimed at you - in today's road conditions it is difficult to make out who is facing this gesture - you or the car next to you - rolled several times. No chase for a never noticed.
14. It is not necessary to ride a super-ultrasonic mega-ultra-auto at the cost of megaevro when driving without a license - a very memorable thing ... Although the owners of such wheelbarrows are not deprived))))
15. In the intercity - get attached behind a wagon of tons of that 20, better after two or three, but not the whole route, and before the main posts - you will slip 99 percent. What for a car to hit when it's good for millions?
16. Posts on the intercity is better to pre-study on the map in the internet.
17. Buy in a pharmacy vitamin B12 capsules. One pill is enough and the smell will be neutralized.
BUT! It’s best not to break and do not drink while driving, then you will not have to otmazyvatsya ...
Communicating with traffic police officers is not a very pleasant experience. Almost all drivers want to make sure that the traffic cops do not touch them.
The easiest and most understandable way is to not violate traffic rules , but this does not always work. Formally, the traffic police has clearly marked reasons for stopping the vehicle. But the list of reasons for stopping is so big that, in practice, traffic cops can stop any car.
Keep your car clean. Dirty "unreadable" license plates are a reason for stopping. Also, the reason for the stop can be a dirty windshield, because of which you can not see the ticket inspection.
Keep the flow. Lonely cars that first fall from traffic lights or lag behind the stream, stop more often. If you are moving in the left lane, use for covering trucks traveling along the adjacent lanes.
Do not look at the traffic police. They, too, are people and can also feel other people's views on themselves. This effect is difficult to explain, but if you follow the road and do not pay attention to the cops, they also do not pay attention to you.
Keep an eye on the signs. Truckers often use walkie-talkies and warn each other about gaish "ambushes". If you see a wagon that exceeds the speed, you can be sure that there are no traffic cops nearby.
A very useful device is a radar detector. It responds to all devices used by the Ukrainian traffic cops to control the speed and gives a warning signal. With the current fines to recoup such a device can be for two or three violations.
If you see that the traffic cop is looking directly at your car, start demonstratively picking your 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 blinked with a high beam, get ready - traffic cops ahead. The tradition to warn oncoming "ambushes" of the traffic police operates throughout the former Soviet Union. In Europe - the opposite: to those who violate traffic rules, inform.
When registering a car in the traffic police try to agree on the issuance 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 are not stopped, even if they are driving a red light in 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 with the maximum allowed speed.
Communication with traffic police is not the most pleasant thing. Therefore, when traffic cops annoy the driver for no good reason, you should not put up with it. After all, traffic cops can easily be defeated by their own weapons.
The old forms of the protocols, which were approved by the order of the Ministry of Internal Affairs of Ukraine No. 1217, were made in such a way that the driver automatically became the violator only by signing the protocol.
In the upper part, the traffic policeman filled in the column "Information about the identity of the offender." At the end of the protocol was signed that the driver was acquainted with Articles 63 of the Constitution of Ukraine, 268 KUoAP and 130 KUOAP. It was also written "Signature of the offender." Then followed the field in which the driver must also sign, under it also appeared "Signature of the offender."
It was not until August 20, 2009 that the press service of the State Traffic Inspectorate issued information that the use of old-style protocols was prohibited. Instead, the traffic police are obliged to use the protocols of the new model, in which instead of the word "Offender" the terms "Citizen" and "The person who is brought to administrative responsibility" are used.
Therefore, if you see in the protocol the words “Information about the identity of the violator” and “Signature of the violator”, you can be sure that this piece of paper is only suitable for intimidation of uninformed drivers who did not want to bribe. Further the patrol car this protocol will not go.
If before you the protocol of the new sample, it is worth filling all free columns. Special attention should be paid to the two fields called “Witnesses and victims”, the traffic police rarely fill them in independently.
If you are in the car with passengers, enter their names, home addresses and ask for a signature. If there are no witnesses, write “No witnesses” in both columns and do not forget to put sweeping Z in the remaining space. The absence of witnesses is a huge blunder for the traffic police officer. For such a protocol, no one will praise him for sure, but they can reprimand him.
If you are accused of speeding, in the column “Explanations of the person who is brought to administrative responsibility; in fact, violations ”can be written:“ I moved in a dense traffic flow at a speed (5-10 km / h less than it should be in this area).
The speed indicators set by the device (the name and serial number of the device) cannot be considered evidence of an offense committed by me, since it is impossible to establish the authenticity and belonging of a fixed speed to my car.
The protocol was drawn up in violation of Art. 2.14 “Instructions on the organization and conduct of office work in cases of administrative violations of rules, norms and standards relating to road safety”, as well as Art. 251 Code of Administrative Offenses I petition the Court to close the case due to non-compliance of the protocol with the requirements of Art. 256 of the Administrative Code and the lack of an administrative offense (guided by article 247 of the Administrative Code). "
If a traffic policeman accuses you of driving at a prohibitory traffic signal, you can write: “I left at the intersection (adjustable pedestrian crossing, etc.) at the moment when the blinking green traffic light changed to yellow. In order not to resort to emergency braking, and not to create an emergency-hazardous situation at the intersection, I fulfilled the requirements of section 8.11 of the Road Traffic Regulations and freed the intersection ”.
For other violations in the column "Explanation of the person who is brought to administrative responsibility; essentially a violation ”, you can write:“ I do not agree with the decision (full name and title of a traffic police officer), I will provide detailed explanations on a separate sheet. ”
In this case, in the column “Attached to the protocol”, it is also necessary to indicate that the explanations are attached on separate sheets and indicate their number. Remember that while in Ukraine there is only one state language - Ukrainian. Therefore, all comments and explanations should be written only in Ukrainian.
In case of disagreement with the actions of the traffic police officer, the protocol should be signed only after the column “Mr-n (FULL)” is acquainted with his rights and duties, provided for by Article 63 of the Constitution of Ukraine, 268 KUpAP ”and“ Signature of the person brought to administrative responsibility ( “I received a copy of the minutes; the data entered about me is correct).”
In all other free columns, you should put a dash, so that no one has added anything there. Next, within ten days, you must go to court to appeal the protocol. It is better to entrust 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 present you the opportunity to get acquainted with a sample of such a form:
Relations between drivers and traffic police in our country have never been easy. Recently, however, the number of complaints of unlawful actions by traffic police has increased significantly.
This can be seen from the frequent posts on automotive forums. What is it - a seasonal phenomenon or a negative trend?
“In February I was driving around Kiev, and when I turned I broke the row (I started turning not from the designated lane), for which the traffic police officer who stopped me tried to punish me with a protocol,” says our reader Daria. - However, in the process of communication, he said that he did not intend to draw up a protocol on me, but would limit himself to an oral warning. For this, he asked me to sign some form - supposedly an oral warning. On my logical question about the need for a form, since the warning is oral, I was told: “for reporting”. This “oral warning” I signed and continued to move in good spirits, which happens infrequently after talking with traffic police inspectors. What was my surprise when, a month and a half after this incident, in the mailbox, I found a ruling on administrative violation and a fine of 430 hryvnia! And there was a signature in it, similar to mine, confirming that I had a copy of this decree. Moreover, the deadline for paying the fine (15 days) under this ruling has expired, which means having to pay it twice as much. It turns out that I need to pay 860 hryvnia for someone to forge my signature? ”
What to do?
Forging a signature, having the original in hand, is not a problem at all. As can be seen from the copy of the ruling, which the heroine of this episode sent to the editorial board of AiF, even a violation in it indicates something other than the reason for stopping. A fine was issued for the passage of a traffic light prohibitory sign.
“Currently, the number of such cases has increased,” says Vladimir Karavayev, the bestselling author of 100 Arguments Against Traffic Police. - And it began about mid-2010. This can be judged by the number of calls to our hot lines for legal automotive assistance. I call them "protocol manipulations." They fall under article 366 of the Criminal Code “Official Forgery” and threaten the careless inspector with not only a fine, but also a restriction of freedom of up to 3 years. According to V. Karavaev, the first thing to do in such a situation is to apply to the internal affairs bodies with a corresponding statement of a legal violation, which describes in detail the circumstances of the incident. And in the executive service it is necessary to appeal with a statement about the suspension of the proceedings on the administrative case, explaining them with the new circumstances that have arisen.
Himself a judge?
- By signing the protocol, you do not necessarily agree that you are a violator. Autograph only means that you are familiar with the contents of the document. Therefore, it is better not to refuse to sign, as this will already play against you in the event of a trial.
- Filling in 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 it. Secondly, it will completely deprive you of the possibility to appeal against an illegal punishment in the future.
- If the inspector asks you to write something like “drank a bottle of beer in the protocol, but I refuse to go for a medical examination,” do not follow him. Such recognition is a joker instead of a trump card in the hands of the inspector. Refusal to undergo an inspection for alcohol intoxication is a serious offense, which will have to be held to the fullest extent of the law.
What to sign?
The head of the legal department of the public project “Road Control”, Anton Lysenyok, is generally questioning the legality of levying a double fine for delaying payment in 15 days.
- The fact is that the order that would regulate the multiplication of the amount of the fine by two is not prescribed anywhere in the legislation. This can be accentuated if it came to court. And an oral remark is an oral one in order not to resort to writing. And you need to understand the difference between oral remarks and warnings. According to Art. 22 of the Administrative Code of Ukraine, the offender may be exempt from administrative liability if the violation is minor. In such a case, a measure such as oral remarks is applied to it. However, the warning (Article 26 of the Administrative Code) is recorded in writing.
According to the lawyer, written fixation is the drawing up of a protocol, a copy of which must be issued to the driver. Therefore, all excuses of inspectors of the “this for internal reporting” type can be dismissed immediately.
The language of numbers!
According to statistics voiced by Vladimir Karavaev, about 10-15% of all problematic cases in which drivers seek legal assistance fall on protocol manipulations.
Options for manipulation:
After talking with human rights defenders, we compiled a rating of the most popular manipulations to drivers by traffic police inspectors.
1. Fake a signature
The case described above is far from uncommon. Signatures are forged, despite the threat of criminal liability for forgery.
2. Confusion with dates
It happens that the inspector “accidentally” confuses the month in the protocol and puts April in place of May. It would seem a trifle, but in this case the driver is already doomed to pay double the size of the fine, since the 15-day period allowed for payment has expired.
3. Refusal to sign the protocol
The driver was stopped, took the documents, without his knowledge, copied the data and returned. And then they made a protocol, where they wrote about the refusal to sign it on the driver’s side. And wait for the "letter of happiness."