Those who have been driving, they know the roads there are situations when the driver in fact rights in a dispute with the police, but to prove his innocence can not be forced to pay a fine for a traffic violation. Probably the most common case is to stop for no reason.
Lawyers advise: first of all it is necessary to behave with the inspector correctly. Together with the lawyer Vladimir Stolitny we’ve seen several “borderline” situations where the knowledge of traffic Rules and other laws to avoid punishment.
GO UNDER THE “BRICK”
Situation: the driver leaves the yard on a one way road where there are no signs where to go. He stopped by the police.
COP: “You drove under a prohibiting sign.”
Driver: “I drove out of the yard, where there are no signs, and could not know that at the other end of the street hangs a sign prohibiting the movement in this direction (on the driver’s slang “brick”). I have a witness — the passenger (or the DVR). So I’m not to blame. I’m ready to turn around and head in the right direction, and you help me do it safely”.
Review of a lawyer. In this situation, the driver generally has nothing to prove, and even more excuses. Police together with the driver must make the report/statement about absence of the corresponding pointer away from the yard. And pass it to the road services of local authorities.
ROULETTE WITH THE STIGMA
Situation: the driver stopped near the intersection. According to the SDA, if there is no prohibition signs, stopping and Parking are permitted not closer than 10 m from the edge of the intersecting roadways to the rear bumper of the car.
COP: “You broke the rules stop, there are no permitted 10 m”.
Driver: “do you Have something to measure?”
COP: “Yes, here’s the tape”.
Driver: “And you have believed? Present the certificate of verification”.
COP: “Anything you present is not required.”
Review of a lawyer. As explained to us in Department of metrological support of measurements of geometrical quantities GP “Ukrmetrteststandart” in the state register of measuring instruments allowed for use in Ukraine, which is included measuring tape with fiberglass tape manufactured by Stanley. Other roulette are considered “illegitimate”. All roulette is subject to verification by applying the verification seal at the beginning of the tape or on the rivet. The verification certificate is issued at the request of the customer, so it may not be, but the stigma will.
Therefore, if the police will measure Poverenniy tape measure the distance from the intersection to a vehicle and prescribe a penalty for violation of rules of a stop, then the resolution of the fine can be successfully challenged in court. If roulette have no police, the imposition of a penalty has no grounds, since it is impossible to check the driver violated traffic rules or not. Of course, to argue with a police officer, you can if your car is not standing right over a crossroads: here the violation is obvious, even without measurement.
SNOW ON THE ROAD
Situation: the driver on a snowy road turns into the yard or unfolds in a continuous line.
COP: “You violated the requirement of marking”.
Driver: “the Road in the snow, not cleared, markup is not visible. And signs indicating the direction of movement or prohibiting a turn, no. I don’t have to know what the line is applied under the snow: solid or intermittent. Therefore, it is not my fault”.
Review of a lawyer. The driver rights. All claims — to the road services, not clearing the track.
STOP FOR NO REASON
Situation: a policeman stops a car driver, who has not violated traffic regulations.
COP: “Good day, Sergeant Petrenko, show your driver license, registration, proof of insurance, the insurance policy” (“avtograzhdanki.” — Ed.).
Driver: “What is the reason for the stop, please.”
COP: “Operational-search activities. Your car looks like in the theft.”
Driver: “Please, here’s my license and registration. If I have not violated the policy osgpo you have no right to claim”.
Review of a lawyer. If you did nothing wrong, are not a party to the accident, to demand policy OHSPA the police have no right. It can be give voluntarily, but if you forgot it at home or the policy is expired, you can not refuse. It will be nothing (whereas for late or missing policy is given a fine of 850 UAH). It is also impossible to stop the car for no reason. But the police have ways of stopping inherited from the police, as “search activities”, “dirty room”, “rickety ride”. To show you the orientation of the wanted car, the police should not: this document is for official use.
