Violation of drawing up a traffic police protocol. The difference between the protocol and the traffic police resolution. Resolution or protocol on an administrative offense

The duty of the traffic police officer to give the driver copies of the protocols is provided for by a number of regulatory legal acts.

So, the Code of Administrative Offenses of the Russian Federation states that the driver is given copies of:

Protocol on the removal from driving a vehicle, as well as a protocol on the direction for a medical examination for the state of intoxication ();

The certificate of examination for the state of alcoholic intoxication and (or) the act of medical examination for the state of intoxication (;

Delivery protocol (at the request of the motorist);

Administrative Detention Protocol (at the request of a motorist);

The protocol on personal search and the protocol on the inspection of things (at the request of the motorist);

Vehicle Inspection Protocol ().

The Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation of 02.03.09, No. 185 also confirmed the driver's right to receive copies of the protocols.

Despite the above, after meeting with the inspector, the motorist may be left with "bare hands."

What about the driver who was not given copies of the protocols?

Firstly, the failure to issue copies of the protocols by the traffic police officer is a gross violation of the driver's rights. If such a violation can be proved, then there is a good chance to achieve the termination of the case (cancellation of the protocol, appeal against the decision). After all, such protocols were drawn up in violation of the law, since the driver was deprived of the right to information on the case (for example, what is accused of).

Failure to issue copies of the protocols leads to the fact that the motorist cannot protect his rights, appeal against the actions of the traffic police officer, as well as other serious consequences. Therefore, the court must give an appropriate assessment of such illegal actions.

Secondly, despite the fact that no copies of the protocols were issued, there is a way to get acquainted with them. The fact is that Article 25.1 of the Administrative Code grants the driver the right to familiarize himself with the case materials. Copies of the minutes are part of the case file. This means that the car enthusiast will be able to easily familiarize himself with them. Thus, he will receive the information necessary to appeal against the actions of a traffic police officer and protect his rights.

Thirdly, in order to prove that the traffic police officer committed violations (in this case, he did not issue copies of the protocols), evidence is needed. Therefore, when communicating with a traffic police officer, enlist the support of witnesses, a defense attorney, or keep a record on technical means.

Fourthly, the above are examples when a traffic police officer is obliged to issue a copy of the protocol only if the motorist has made a relevant request (to issue a copy of the protocol for the inspection of things, personal search, administrative detention).

In order not to stand constantly "with outstretched hand", you can initially file a written request with the requirement to issue copies of all documents drawn up (against signature).

Such a requirement can be stated in a written explanation, in a protocol on an administrative offense, or on a separate sheet of paper. If a traffic police officer wants to deny you this request, then he will have to issue a written ruling (Articles 24.4, 29.12 of the Administrative Code of the Russian Federation). In such a determination, it is necessary to reasonably indicate why the car enthusiast was denied a reasoned request. It is very difficult to do it legally, and that means copies of the protocols will be issued.

Fifth, in order not to be left without copies of the protocols, you need to be very careful when drawing up the protocols. For example, you should never sign the box “I received a copy of the protocol” until it is actually issued.

1. Changes to the protocol were made without the knowledge of the driver

• Officials are not entitled to independently, unilaterally correct procedural documents (protocols, acts and others). In clause 4 of the resolution of the Plenum of the RF Armed Forces "On some issues arising from the courts when applying the Code of Administrative Offenses of the RF" dated March 24, 2005, it is said that if the protocol on an administrative offense is drawn up or other materials are drawn up incorrectly, the judge must issue a ruling on the return of these documents to the body or the official by whom they were drawn up (clause 4 of part 1 of article 29.4 of the Administrative Code). The data of the protocol did not allow to draw a conclusion about the specific place of the offense. was present, and he was also not informed - that violates the requirements of the Code of Administrative Offenses of the Russian Federation (parts 4, 4.1, 6 of Art. 28.2) (case of the RF Armed Forces No. 82-AD16-3). , but there were no signatures of the alleged violator. The traffic police inspector independently "re-qualified" the driver's violation. I was deprived of the guarantees provided by the law for the protection of his rights, since he could not competently object and give explanations on the merits of the changes made to the procedural acts.
• A copy of the offense protocol differs from the document submitted by the traffic police: already in the absence of the driver, the traffic police inspector entered the word "again" into the protocol, correcting, accordingly, the violation record - from Part 1 to Part 4 of Art. 12.8 Administrative Code. At the same time, there is no evidence that they tried to hand over the corrected protocol to the driver. Which was confirmed by the testimony of the traffic police officer.
• The content of the protocol on an administrative offense in the case does not correspond to a copy of the same protocol handed to him by the traffic police officer, the protocol on the direction for a medical examination and the decision of the magistrate to accept the case for proceedings and the appointment of a court session were not signed.
• The protocol was lost, and a duplicate of the protocol was not drawn up in the presence of the driver, he was duly notified about the document, which violates the norms of the Code of Administrative Offenses of the Russian Federation (parts 4, 4.1, 6 of article 28.2). There is no reason to believe that the duplicate of the protocol was drawn up in compliance with the requirements of the code, which means that the copy of the protocol in the case cannot be considered as evidence of the driver's guilt (case No. 44-AD16-17).

2. The protocol was drawn up without attesting witnesses

• Part 2 of Art. 25.7 of the Administrative Code says that the examination for the state of alcoholic intoxication and the direction for a similar examination in a medical institution must be carried out by the traffic police in the presence of 2 attesting witnesses (who certify the performance of procedural actions with their signatures in the protocol) or with the use of video recording (which is also recorded in the protocol) ... If the attesting witnesses were absent, a video filmed by an automobile inspector must be attached to the case file. When there is no such record or information about the attesting witnesses in the case materials, the judge is obliged to return them to the official who drew up the protocol (clause 4 of part 1 of article 29.4 of the Administrative Code);
• The attesting witness explained to the court that the traffic police officers did not show him the driver, who refused to blow the breathalyzer, and that he did not remember whether he was told that this citizen refused to go to the hospital for a medical examination. The second attesting witness was not summoned to court. At the same time, the protocol contains an entry made by the traffic police inspector, "refused to undergo a medical examination", not certified by the driver's signature, and there is no note "refused to sign". The protocols received under such circumstances on the suspension from driving and on the direction for a medical examination were recognized as inadmissible evidence in the case as obtained in violation of the requirements of the Code of Administrative Offenses of the Russian Federation.

3. There is no mandatory information in the protocol

• The inspector did not indicate on what basis he sent the driver for a medical examination. This can be done in case of refusal to undergo an on-site examination, disagreement with its results, the presence of signs of intoxication with negative readings of the breathalyzer.
• There was no agreement or disagreement of the driver with the results of the examination in the act, there was not a single signature of the driver - in all the columns where its presence was necessary, there was a mark "refused". The protocol by which the driver was sent for examination to the drug dispensary did not gain the driver's consent to undergo this procedure, there are no signatures of the driver and attesting witnesses. At the same time, in time, the protocol was drawn up earlier than the certificate of examination for the state of alcoholic intoxication, in violation of the procedure established by clause 1.1 of Art. 27.12 of the Administrative Code of the Russian Federation. The above circumstances do not allow us to conclude that the traffic police official has complied with the procedure for establishing the fact that the person who drives the vehicle is intoxicated, and indicate that there are irrevocable doubts about E.A.'s guilt in committing an administrative offense imputed to him.

Hello 06/25/16 a protocol was drawn up for driving in a not sober state, I signed everything and gave an explanation that I drank, but the protocol does not indicate the name of the traffic police officer, can I appeal it

Good luck on the road!

hello.please tell me on 06/04/2016 a protocol was drawn up under Article 12.8.ch2 and the hearing was scheduled only for 11/01/2016 because the statute of limitations has already passed is it possible for a decision on deprivation of rights

The limitation period for this article is one year.

vladimir-200

Tell me article 12.26 h 1. there were 2 courts, at the trial, during the interrogation of traffic police officers, a question was asked from a judge. Did I breathe into the tube on the spot? they answered that he was breathing but badly. The question is what I have in the protocol in the paragraph TO THE PROTOCOL IS APPLIED There is no certificate of examination on the spot and it does not exist at all; and in the same column the number of the protocol on the detention of the vehicle, but the protocol on the administrative offense was drawn up at 21-45 minutes and the protocol on the arrest of the vehicle was drawn up at 22-20 minutes. And there are no witnesses and victims in the points. Tell me what benefit can be derived from these shortcomings, or are they insignificant?

Good luck on the road!

Hello - if I disagree with the protocol, do you have to go to the debriefing or to the court later? But what if the protocol, with which you do not agree, was drawn up far from home? Will you then deliberately travel hundreds of kilometers?

Alexey-240

The petition for the consideration of the case of an administrative offense at the place of residence is written on a separate sheet.

If a petition is made to send the case for consideration at the place of residence when drawing up the protocol, such a petition is entered into the protocol.

and in the name of whom to write a petition - if you do not know who the judge is, what is his name and so on? And if they are sent even at the place of residence - the traffic cop will have to come to me for analysis?

Igor, try to call the indicated court and find out in whose name to write the petition.

The probability that a traffic police officer will come to your place of residence is rather small. That is why cases are usually transferred to the place of residence, tk. it's easier to win.

Good luck on the road!

Hello! Help to solve the problem. After drawing up the protocol that drunk driving, having consumed 250 grams of vodka, the traffic police officers did not arrest the car, but advised him to sit for hell for an hour and continue driving. This is a violation

novel, Hello.

For what reason did the police refuse to evacuate the car? In case of this violation, the car must be sent to a special parking lot.

Do you have any difficulties due to the fact that the car was not picked up?

The DPS inspector, when drawing up the protocol, did not ask if I was working, and he himself indicated that I was not working. Is this a reason to recognize the protocol as not correctly drawn up?

Hello. Was stopped by the traffic police For a temporary sign, overtaking is prohibited with leaving the oncoming lane (it was divided by a dotted line). I got out of the car and gave the documents and a minute later they gave them back to me with the words "Goodbye." to draw up, write attesting witnesses and type "refused to sign"? said nothing.

novel, the likelihood of challenging the fine for the reason you indicated is extremely small.

Good luck on the road!

Alexander-601

Hello, this is the question I refused to receive a medical examination. the date of the trial was set .. but without waiting for the trial, they caught a drunk, as a result, two violations and two protocols. Tell me what punishment awaits me?

Alexander, Hello.

There will be 2 independent punishments: according to part 1 of article 12.26 and according to part 1 of article 12.8. In the amount of 60,000 rubles a fine and from 3 to 4 years of deprivation of rights.

Good luck on the road!

Stanislav-38

The situation is this: I refused to be examined. Subsequently, I fell asleep on the video as a traffic police officer fills out a clean protocol in which there are already signatures of attesting witnesses who at that time had already left. Subsequently, I was not familiarized with the original of this protocol. According to the copy, I refused everything in the protocol. Maybe this will be a reason for canceling this protocol and returning my rights.

Stanislav-38

Above in the text FOLLOWED

Good luck on the road!

Good day! She began overtaking on a broken line, drove into the oncoming lane through an intermittent one, and had to finish the maneuver after a continuous one. So says the traffic police officer, I don’t remember exactly, I know I just started the maneuver on the intermittent one. An employee showed me the registrar's record from the traffic police car (I don't understand anything there). The employee also drew up a diagram, which I refused to sign because I was not sure of its accuracy. The traffic police officer did not immediately introduce himself, did not show the documents. He stopped the attesting witnesses, testified that I refused to sign the scheme. I drew up a protocol, where in my explanations I indicated that the line was discontinuous, and there was a heavy fog. He said that there will be a trial and the question of deprivation of rights from 4 to 6 months. Dissatisfied with the fact that I did not sign the scheme, he said loudly in front of my witnesses that he sends adequate people who admit the violation to the unit on duty, who has the right to issue only a fine, and since I am inadequate, I do not admit the violation, he will send me to walk. I said that I agree with the violation if this is really confirmed on the video, but I'm not sure about the scheme, since they have a video, then let the court rely on the video. The protocol was drawn up, in the protocol it did NOT indicate the number of the registrar and the date of the verification of the registrar. But in the section "attached to the protocol" it is written that the diagram and video are attached. In the section "place and time of consideration of the offense" it is written: MOI .... district, village ..., ... traffic police battalion, date, time. What to do, what to expect, in what form will there be a subpoena, or should I go to this DPS battalion at the specified time ?? On the traffic police website, I don't find any fines by the number of my car / license - how soon should any information appear there ??? Thanks in advance for any advice and advice. I rarely violate what to expect - I don't know.

Olga, Hello.

As far as I understand, you have no confirmation that the overtaking was completed precisely through the intermittent one.

In this case, it makes sense to go to court and repent of the violation there. This will be the case and the judge will be able to choose a penalty in the form of a fine instead of deprivation of rights.

Good luck on the road!

Dmitry-420

Hello! I was stopped by a traffic police officer, calling somewhere he offered me to go to a medical examination, but I refused. He drew up a protocol as it should be with attesting witnesses, on camera, I signed everywhere ... but he made a mistake at the place of my birth, but from the bottom made me prescribe that I was familiar with these corrections and agreed, plus the signatures. Like everything, I'm waiting for the trial. Calls begin with the demand to come to the traffic police to redo the protocol, allegedly they cannot take the case to court because of this error ... Question.

Reading time: 6 minutes

Different situations happen on the roads, but the traffic police inspector can also make a mistake. If he is confident that he is right, it is better not to create a conflict situation and let him calmly draw up a protocol. Our legislation allows you to challenge the legality of the imposition of a penalty. To protect your infringed rights, you should know how to appeal the traffic police protocol on an administrative offense in 2020.

What is a protocol on an administrative offense

The traffic police protocol is an official procedural document that is drawn up when facts of traffic violations are revealed, when the driver who committed them is identified. When filling out the document, both parties must be present. The inspector draws up the protocol, who saw the composition of an administrative offense in the driver's actions. He must describe what happened. The driver also sets out his vision of the situation in this document in writing.

The protocol is not a full-fledged proof of the driver's guilt, but a decision on an administrative offense is made on its basis.

If there is a witness who can refute the inspector's arguments, or a video confirming the driver's innocence, he will have a chance to avoid paying a fine. It will not come to a decision if gross mistakes were made in drawing up the protocol.

If a disputable situation arises, the driver has a question whether it is possible to appeal if he does not agree with the traffic police protocol. We live in a democratic state where a citizen has the right to defend his legal rights when they are infringed upon. The situation with unlawful imposition of fines is no exception. The right to appeal against an administrative penalty is stipulated in article 30.1 of the Administrative Code of the Russian Federation. It should be noted that not only the protocol, but also the decision made on its basis can be challenged.

What violations should be referred to in the appeal process

The procedure for appealing against the actions of the traffic police inspector rarely leads to the desired result. When contacting higher officials or the judicial authorities, it is very important to point out the violations committed by the inspector, or provide direct evidence of your innocence, including the testimony of witnesses who are ready to confirm your version. They must come to court and testify in your favor.

According to the requirements of Article 28.2 of the Administrative Offenses Code of the Russian Federation, a traffic police officer must comply with the following requirements when drawing up a protocol:

1. Indicate the exact time and place of drawing up the protocol, as well as your full name. and position.
2. Indicate the personal and contact details of the guilty person, witnesses and victims.
3. List all articles of the Code of Administrative Offenses of the Russian Federation, in violation of which he caught the driver.
4. Explain to the citizen held accountable of his rights and obligations.
5. Provide an opportunity for the offender, witnesses and victims to state in writing the essence of the situation, as well as their disagreement with the position of the inspector.
6. If non-observance of traffic rules led to an accident, its diagram, as well as recordings from video recorders, if any, should be attached to the protocol.
7. The protocol must be signed by the inspector and the citizen held accountable, and in case of his refusal, the traffic police officer marks this point in the document.
8. A copy of the drawn up protocol shall be issued to the driver against receipt.
9. According to 15 of the Code of Administrative Offenses of the Russian Federation, a protocol can be drawn up even in the absence of a person who has committed an administrative offense. However, the offender must be notified of this by means of a registered letter or summons with notification, telegram, facsimile or other means of communication, allowing to record the fact of receipt of the notification.

If at least one of the above points is violated, you can file a complaint with the court or higher officials. If the inspector attracted attesting witnesses, but one of them is an interested person, this fact should also be noted in the protocol.

Complaint procedure

When you receive a copy of the protocol that you do not agree with, you must clearly understand what to do next to protect your legal rights. If you wish, you can turn to an experienced lawyer for help, but his services are not cheap. In case of deprivation of a driver's license, this option is optimal, but when it comes to disagreeing with a fine, it is not always wise to involve a lawyer.

Not all drivers know how to appeal the protocol when it is drawn up in another region, several hundred kilometers from home. By default, the case is considered at the place where the violation was committed. But, if you intend to appeal against the inspector's decision to impose a penalty, already when filling out the protocol, you can ask to transfer your case for consideration at your place of residence. To do this, write in your own hand in the appropriate box: "Please send the protocol to the place of my residence", and indicate your address.

The document must be sent to the traffic police department of your city or district. After that, you can, observing the procedure for appealing the protocol, file a complaint with the judicial authorities at the place of your actual residence.

Driver's actions during the drawing up of the protocol

You should think about the protection of your legal rights already during the preparation of the protocol and take the following actions:

1. Read carefully the text written by the inspector.
2. Write your own version of what happened in the column "Explanations". State and justify your disagreement with the inspector.
3. If you were not given a copy of the accident diagram, please note this fact.
4. Fill in the details of your side witnesses, if the inspector has not done so.
5. Before you put your signature, cross out all the blank fields so that no one can add something there in the future. Remember, if you signed the protocol, but stated your arguments in it, it will be easier to appeal the document in the future.
6. It is advisable to photograph or film all the details that are relevant to the current situation and will help to confirm your case.
7. It is imperative to take a copy of the protocol - it may be needed in court if, somehow, another version of the document appears.

If a dispute arises with a traffic police officer, it is important to know where to go in order to appeal against an unfairly drawn up protocol. In this situation, you can act in one of the following scenarios:

• If you disagree with the amount of the fine imposed, you can contact the inspector of the group for the execution of the administrative legislation of the traffic police.
• If you do not agree with the actions of the inspector, you can first file a complaint with the head of the traffic police department in which he works.
• In difficult situations, you can write to the Main Directorate of the State Traffic Safety Inspectorate.
• If the previous options did not help, you should go to court. If you wish, you can immediately go to the judicial authorities, skipping all previous instances.

Drawing up a complaint and attached documents

To challenge the actions of a traffic police inspector, you need to ask how to write a complaint against the protocol. There is no special form, but you need to adhere to the following structure:

1. Introduction. Here you need to indicate the name of the body where the complaint is filed, full name. the applicant and his address at the place of residence.
2. Descriptive part. It is necessary to briefly, but in essence, describe what exactly happened. Indicate the full name, position of the inspector, protocol number, date and time of drawing up. Additionally, you need to indicate the numbers of articles of the Administrative Code, of which you are accused of violating.
3. Motivational part. Here you should express your disagreement with the actions of the traffic police inspector and argue in this way:
   • refer to violations when drawing up a protocol, indicating specific regulatory legal acts, the requirements of which have not been complied with;
   • list the evidence that you are ready to provide;
   • list witnesses and petition to summon them to the court session;
   • apply for the need for an examination;
   • state other arguments that are directly relevant to the case and prove your innocence.
4. Conclusion. A complaint against the protocol on an administrative offense at the end must contain the requirements of the applicant, for example:
   • reduce the amount of the fine;
   • annul the protocol or cancel the decision on administrative penalty;
   • replace the deprivation of a driver's license with a fine.
5. The complaint must be accompanied by copies of the passport and protocol received from the inspector.

Appealing the protocol in court

The term for appealing the actions of the inspector in court is 10 days from the date of the decision on an administrative offense. In this case, one should insist not on the injustice of the protocol drawn up, but on the illegal actions of the traffic police officer and the violations committed by him (he did not explain the rights, did not take into account the testimony of witnesses, did not draw up an accident scheme, etc.). All your arguments must be supported by specific facts and evidence.

To challenge the actions of the traffic police inspector, you need to apply only to the district court. Consideration of the protocol will take place no later than 15 days from the date of application. You should carefully prepare for it: ensure the appearance of witnesses, collect evidence and think over your speech in advance. It is very important to present all the circumstances of what happened in a logical sequence and without unnecessary emotions.

A protocol on an administrative offense in case of non-observance of traffic rules is drawn up only by a traffic police inspector. However, in addition to the employees of this department, many automatic systems for video recording of violations monitor the situation on the roads.

Based on the results of the data received from the traffic police cameras, the drawing up of a protocol is not provided.

In this case, a resolution is immediately issued, and a copy of it is sent by registered mail at the place of residence of the offender.

For technical reasons, video cameras make mistakes, resulting in fines for innocent drivers. If you know for sure that you have not committed a violation and can provide appropriate evidence, you must file a formal complaint within 10 days from the date of the order.

Conclusion

An appeal against a protocol or resolution on an administrative offense is a legal right of every citizen of Russia. The traffic police inspector is not immune from mistakes and expressions of emotion. Even video cameras can malfunction. If you are innocent, you should not let things go by themselves. If you are right and can prove it, you should definitely defend your rights in court.

How to appeal the protocol of the traffic police on an administrative offense: video