What evidence must a traffic police inspector provide?

Should a traffic police inspector show a video violation to the driver?

Will there be violations in the actions of the traffic police inspector if, when drawing up a protocol, he refuses to show the driver a video recording from the service recorder confirming the violation? Drivers believe that refusal to show this video recording is interpreted as a lack of evidence, and therefore is a reason to cancel the protocol. Is it really?

Traffic police inspectors often use video recording on roads with complex markings or illogical placement of road signs. These are the so-called “fishing” places where inexperienced or non-local drivers violate traffic rules more often than others.

Does the traffic police inspector have to prove your violation?

By law, the traffic police inspector must have evidence of an offense. But if earlier inspectors were more often “fed” by video recordings of speed, now many of them have switched to “driving into the oncoming lane.” This is understandable - oncoming traffic is much more expensive than speeding. Why issue cheap speed protocols if you can stop two or three “oncoming” people, show them video recordings, and the shift is a success?

This widespread practice has led to the fact that now an increasing number of drivers require the inspector drawing up the protocol to show video evidence of the offense. And if there is a recording, but the inspector does not show it, then there was no violation of the rules, and the protocol can be successfully appealed.

In fact, everything is not quite like that. In accordance with the administrative procedure, the driver has the right, from the moment the protocol is drawn up, to familiarize himself with the case materials, submit petitions, provide evidence and give explanations.

The inspector is obliged to explain the essence of the violation to the driver. But none of the regulations specifically mention “video recording.” Moreover, according to Art. 26.1 of the Code of Administrative Offenses of the Russian Federation, any data is considered evidence in the case, including the testimony of the inspector, which establishes the guilt of the driver.

At a court hearing or when considering a case, the driver is required to familiarize himself with the available video recording. But when drawing up a protocol, options are possible.

If you remember, ten years ago the same Code of Administrative Offenses was in effect, and no one even came close to mentioning any video when drawing up a protocol. Nothing has changed significantly since then (except for fines). Let's consider cases of road accidents - again, no one asks to show a video recording of their violation.

Most often, traffic police officers present a video recording to stop arguing with the driver who insists that he is right and believes that he is not obligated to do this.

If the protocol mentions a video recording as evidence of the driver’s guilt, then in order to familiarize himself with the case materials (and he has every right to do this by law), the driver’s demand to present it is legal. But the inspector’s refusal is not.

A traffic police officer who draws up a report without familiarizing the driver with the case materials violates the administrative process. In this case, there is only one piece of advice to the driver - to make an appropriate entry in the protocol: “the inspector refused to familiarize me with the evidence in the case.” It would be nice to capture this moment on video or a voice recorder.

The fact is that if you do not make the appropriate mark, then when the case is considered in court or at a hearing at the traffic police, the inspector will state that he offered to look at it and you refused or that you did not ask for it.

Should the inspector show the driver evidence of violation?

Many people do not know, but in reality, the traffic police inspector must, at your request, present evidence of a violation. Moreover, “requirement” in this case is the key concept. Any driver needs to be clearly aware of this, because this will allow him to competently protect his rights and avoid most of the troubles.

Driver's license

Even an innocent driver often feels uncomfortable in front of an inspector, because the car is stopped for a reason, not just like that. It seems to a person that a lot depends on the inspector, because he will decide how to punish the driver. However, it is extremely important for the driver to know Article 25.1 of the Code of Administrative Offenses. With it he can:

1. give explanations;

2. get acquainted with the case materials;

3. provide evidence;

4. use legal assistance from a defense attorney.

It should also be taken into account that from the moment the inspector stops for a certain violation of traffic rules, a case of administrative violation begins. An administrative case is considered initiated from the time the protocol on the administrative offense is drawn up, including the inspection of the scene of the incident.

Does the traffic police officer have to prove your violation?

Despite the fact that the inspector’s duties include the obligation to present you with evidence of a violation, he is not obliged to justify it. This is true. In terms of traffic violations, the presumption of innocence of the Code of Administrative Offenses of the Russian Federation does not apply. You have the right to appeal the decision to hold you administratively liable within 10 days, but you will need to prove your innocence yourself in court. These cases are not subject to state duty.

There was even a precedent for the above issue. The Constitutional Court of the Russian Federation issued Determination 03/22/2011 N 391-О-О, according to which it was refused to accept for consideration the complaint of Yuri Viktorovich Petrov, who saw a violation of his rights, part 3 of article 1.5 with a note to article 1.5, as well as article 2.6.1 Russian Code of Administrative Offences.

In this ruling, the Constitutional Court explained in detail the special procedure for proving one’s own innocence by an alleged traffic violator.

Bringing to administrative responsibility using photo and video recording

A separate block is the issue of bringing to administrative responsibility with the help of photo and video recording. This question also has an answer in the current legislation.

In the event that you were sent a “chain letter” by mail, that is, a corresponding resolution to bring the driver to administrative responsibility with a photograph of your car attached, then you should pay attention to the time the offense was recorded, because it is quite likely that you could not have been there at all driving a car. Accordingly, the inspector will not be able to legally hold you accountable

If you have encountered such a problem, you should file a claim in court to challenge this decision. To do this, it will be enough to ensure that the traffic violator appears at the court hearing so that he can confirm your arguments.

Please note: If you do not want to frame the violator, then you need to know that the statute of limitations for bringing to administrative responsibility is 3 months (except for violations under Articles 12.8, 12.24, 12.26, 12.27, 12.30 of the Code of Administrative Offenses of Russia - the statute of limitations is 1 year).

Often, traffic police inspectors themselves violate the law by denying you the opportunity to present evidence that is in the materials of the administrative violation case. In these cases, you do not need to give in to emotions; you should indicate in the protocol that you do not agree with the violation charged to you. You need to pick up a copy and go to court with a statement of claim, this is the path of least resistance, the most beneficial for you.

Conclusion: do not violate traffic rules and do not give the inspector a reason to stop. If you do not agree with the charges, then go to court, having previously provided yourself with legal support.

Is the traffic police inspector required to present evidence of a violation?

The content of the article

Violations of traffic rules are the basis for drawing up a protocol and initiating an administrative case. To fully protect his rights, the driver needs to know what he is accused of, what violations of the rules were recorded by the inspector, and what evidence confirms these facts. In this article we will tell you whether a traffic police inspector is obliged to present evidence of an offense, and how a driver can protect his rights from unfounded accusations.

Does the traffic police inspector have to prove your violation?

How should a traffic police inspector prove your violation? The responsibility to prove the guilt of the offender is assigned to the bodies and officials specified in the Code of Administrative Offenses of the Russian Federation. If a traffic stop or a claim is related to a traffic violation, the preliminary collection of evidence is within the competence of the traffic police. To prove guilt the following can be used:

• written documents: protocol of inspection of the scene of the incident, diagrams of the accident, title documents for transport, etc.;
• evidence;
• testimony of road accident participants and eyewitnesses;
• expert opinions (for example, after passing a medical examination);
• audio, photo and video recordings - from external surveillance cameras and video recording equipment, from video recorders;
• readings of special instruments for measuring speed limits, carrying out weight control of vehicles, etc.

Note!

Should a traffic police officer provide evidence of a traffic violation when drawing up a report? One of the mandatory conditions for protection is the possibility of unhindered familiarization with all materials of the administrative case.

Should a traffic police inspector present evidence of a violation directly when drawing up a protocol, or does such an obligation arise only in court? Here are the rules of the Code of Administrative Offenses of the Russian Federation that will be taken into account when drawing up a protocol at the scene of an accident or traffic stop:

• the initiation of a case is associated with an inspection of the scene of the incident. It may be the site of an accident or a vehicle stop;
• from the moment the case is initiated, the citizen acquires a full range of rights for his defense, including the right to familiarize himself with the materials of the proceedings;
• When a procedural protocol is drawn up, the case is already considered to have been initiated, so refusal to provide evidence will be illegal.

When stopping the car and checking the documents, the traffic police inspector can refer to any evidence, but is not obliged to provide it to the driver for review. However, as soon as the traffic police officer begins to draw up the protocol, he is obliged to provide evidence upon the driver’s first request.

Is a traffic police officer required to provide video recordings as evidence to the driver? If a video recording is the basis for drawing up a protocol, the citizen has the right to familiarize himself with its contents. If the video recording is subsequently seized as additional evidence, it can be viewed from the moment it is added to the case file.

Proving the facts of guilt and other circumstances of the violation occurs when drawing up a protocol. The driver has the right not only to be present during its preparation and familiarize himself with the contents, but also to submit objections and comments. Denial of such a right is a gross violation of the law, and the protocol may be declared invalid.

You can challenge the evidence presented when considering the case in the first instance, as well as in a higher court. If the driver presents his evidence, including DVR recordings, the court is obliged to accept it and give a legal assessment.

Should a traffic police officer prove a traffic violation or will the driver be able to find out about the charges only in court? From the moment of the first procedural actions, the administrative case is considered initiated, and the traffic police officer is obliged to provide all evidence upon the first request of the citizen. Refusal to disclose information or exercise the right to become familiar with the file is a gross violation of the law.

Should the traffic police inspector present evidence of traffic violations?

Every day in the Russian Federation hundreds of offenses committed by vehicle drivers are recorded. But don’t traffic police officers themselves make mistakes when stopping a car? New videos and photos of illegal behavior of inspectors with drivers regularly appear on the Internet. Nevertheless, not everyone still knows how a patrolman is obliged to act after stopping a vehicle, what the car owner has the right to demand and what evidence of traffic violations is valid, and where the law enforcement officer is simply using his official position.

Legislative regulation

In accordance with Article 25 of the Russian Code of Administrative Offences, the traffic police patrol officer is obliged, after stopping the vehicle, to name the reason - the alleged violation. But he should not provide all the materials, including video recording, at the time of the stop. According to the law, the whole procedure is as follows:

1. Employee presentation in form.
2. Announcement of the reason for the stop by the inspector with reference to the specific traffic rule violation.
3. Please provide the driver's documents for review.
4. Drawing up the protocol itself.
5. Demonstration of all evidence of the violation to the perpetrator, as a participant in the opened case under the Administrative Code of the Russian Federation.

If, after stopping the vehicle, the inspector can present evidence of a violation committed by the driver, then after drawing up a protocol he undertakes to do so. Now the traffic police officer bears administrative responsibility for refusing to familiarize himself with the case materials. If, even after drawing up the protocol, the policeman does not show the culprit a record of his violation, then the driver must mention this in the document drawn up in free form before signing it. After which it is necessary to request a copy of the protocol so that the inspector does not write anything into it without the driver’s knowledge.

What can serve as evidence of guilt?

The reason given while stopping the motorist must subsequently be confirmed financially by the traffic police officer. This could be photographs, video recordings of what happened, speed radar readings, or a diagram of the offense. According to the law, the inspector only provides evidence of the driver’s guilt for review; he should not comment on or explain it. For example, they show a photo of a car with fake license plates. The patrolman only shows the picture; he is not obliged to give reasons for his decision. The judge will determine the legality of his claim. In the case of radar, proof of guilt will be quick and difficult to dispute, since there are readings from an accurate device. Which, by the way, will also be shown to the violator after the protocol is drawn up.

If the car was stopped due to its similarity to the vehicle from the landmark, then the process of proving the driver’s innocence will be more difficult. According to the law, police cannot show the driver the orientation itself under the pretext of confidentiality of the investigation. However, they are required to name the wanted car by form (make, model, color, license plates, if any are indicated in the document). There is also a plus here: such a detention does not threaten the driver (if it was not he who stole the car) with an administrative fine, since, according to the results of the reconciliation, he does not fit the guidelines. However, today this can only be an excuse to stop, after which the inspector will find new violations in the owner’s documents themselves or inside the cabin. Since the policeman may ask to see a first aid kit, fire extinguisher, etc.

Procedure for visually recording a violation

One of the most common forms of recording an offense is visual. Here, stopping a vehicle is possible due to “eyeballing”. A traffic police officer saw that a violation was being committed (the driver turned in the wrong place, parked, crossed a double line, and overtook, despite the prohibitory sign). To determine such violations, no special instruments are needed, since the inspector personally becomes a witness.

But proving visual fixation will not be easy. Today, drivers immediately after a stop demand proof of the violation committed, not knowing that the policeman is not obliged to present it immediately. In order to subsequently provide evidence that the car owner did not adhere to traffic rules while driving, a traffic police officer must record the incident in any way available. This is where photography and video recording come to the rescue, the results of which are later attached to the case. The protocol must include the testimony of the police officer as a witness to the violation and a mention of the fact that a photographic recording of the incident was later made.

Conclusion

The procedure for inspecting a vehicle and verifying documents implies that the traffic police officer only names the reason for stopping the car, and demonstrates the evidence after drawing up the protocol. However, the driver should not refuse to sign the document simply because the police officer refused to show the recording materials. You should indicate when drawing it up that you do not agree with the alleged traffic violation and ask for a copy of the protocol after signing.

Should a traffic police inspector present evidence of a violation?

Responsibility for violation of traffic rules occurs on the basis of the protocol and administrative resolution under the Code of Administrative Offenses of the Russian Federation. To do this, all circumstances of the violation must be recorded in as much detail and objectively as possible. Let's look at whether the traffic police inspector must present evidence of violations when preparing documents.

How a traffic police inspector must prove your violation

The issuance of a resolution imposing sanctions under the Code of Administrative Offenses of the Russian Federation is accompanied by an examination of evidence obtained when a violation is identified. In the field of road safety, this is the responsibility of traffic police officials who draw up a protocol or draw up other documents following an accident or traffic violation.

How should a traffic police inspector prove your violation? The protocol and other procedural documents drawn up at the scene of the incident must contain a list of mandatory information:

• place, date and time of the offense, drawing up a protocol;
• detailed information about the official and the traffic police unit (personal information, rank, number, etc.);
• information about the driver, his passport details, place of residence;
• information about the MTPL policy, or about the driver’s lack thereof;
• information about the car (license number, actual owner, VIN, etc.);
• driver's license details;
• the circumstances of the violation (for example, exceeding the speed limit on a certain section of the road under the influence of a limit sign);
• information about the composition of the Code of Administrative Offenses of the Russian Federation, which is charged to the car owner;
• explanations and objections received from the driver, or information about refusal to provide explanations;
• agreement or objection regarding guilt in the charged traffic violation.

Note! The slightest violation of the rules for drawing up a protocol may result in its invalidity. This often allows you to avoid punishment even for the most serious violations of the rules.

Information about the offense recorded in the protocol must be properly supported by written and material evidence. The responsibility to prove the guilt of the car owner rests with the traffic police officers, while a potential violator has the right to challenge any procedural document.

How can a traffic police inspector prove a violation?

Evidence of traffic violations may be contained in the following sources:

• diagram of the scene of the incident. The graphical diagram displays the location of the vehicle at the time of the violation and stop; presence or absence of markings; location of road signs and traffic lights, participants in road accidents. The traffic police inspector is required to use measuring instruments or equipment to indicate on the diagram all the necessary distances;
• recordings from photo and video cameras or video recorders on cars;
• photographs taken from different angles (this evidence is of particular importance when investigating an accident);
• testimony of other participants in the accident or random eyewitnesses (the information of all witnesses is indicated in the procedural documents and will be used in the court hearing);
• official opinions from expert organizations - a medical expert’s opinion on the state of intoxication or the severity of bodily injuries; traceological examination, automotive technical examination, etc.;
• the act of seizing illegal lighting fixtures or other similar equipment;
• other written and material evidence.

A citizen held accountable for violating traffic rules has the right to present his evidence to protect his rights in the administrative process. For example, a car owner has the right to present a recording from his DVR if the traffic police inspector missed this evidence.

The collected evidence will be assessed by the court when considering the administrative material, or by a traffic police official when making a decision. If procedural violations are identified at the stage of document preparation and evidence collection, they will be excluded from the case file.