Can a traffic police inspector visually identify a violation?

Should the traffic police inspector present evidence of a violation?

The content of the article

According to current legislation, and in particular, Part 1 of Art. 25.1 of the Code of Administrative Offenses of the Russian Federation, the traffic police inspector who stopped the driver for violating traffic rules and drew up the appropriate protocol on such violation is obliged to familiarize the driver of the stopped vehicle with all the materials of the case. It is worth considering the fact that the traffic police inspector, until a case of administrative offense is initiated, can only indicate on what basis the vehicle was stopped, and is not obliged to provide evidence in this case. Only after an administrative case has been initiated, familiarization of the driver with his rights and case materials becomes the direct responsibility of the inspection officer.

Important! An administrative case is considered initiated from the moment a protocol of inspection of the scene of the incident is drawn up regarding an administrative offense.

Evidence is an integral part of the case of an administrative offense, therefore, at the first request, the traffic police officer who drew up the report is obliged to provide it to the driver. Taking into account this fact and the direct instructions of Art. 25.1 of the Code of Administrative Offenses of the Russian Federation, the driver also has the right to file petitions and challenges, use the legal assistance of a defense attorney, and give explanations. If the inspector refuses to provide the driver with evidence in the case, then this fact must be written down before signing the protocol on the administrative offense. Please indicate, referring to Art. 25.1 of the Code of Administrative Offenses of the Russian Federation, that you requested to provide evidence, but the traffic police inspector refused without explanation. It should also be mentioned that it is necessary to immediately request a copy of the decree after it has been signed.

How should a traffic police officer prove your violation?

Despite the fact that the inspector is obliged to present the driver with evidence of the violation, he is not at all obliged to justify it. No matter how paradoxical it may sound, it is true. The presumption of innocence of the Code of Administrative Offenses of the Russian Federation in terms of traffic violations does not apply. The driver has the right to appeal the decision to bring him to administrative responsibility within 10 days, but he will have to prove his innocence independently in court. This category of cases is not subject to state duty.

Thus, in the Ruling of the Constitutional Court of the Russian Federation dated March 22, 2011 No. 391-О-О, the court explained in detail the special procedure for an alleged traffic violator to prove his innocence.

It is worth taking into account the fact that in all cases of restriction of the driver’s rights and freedoms, the traffic police officer is obliged to explain to him the basis and reason for such a restriction, as well as his rights and obligations arising in connection with this. This rule was established by Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety.”

Sometimes violations of traffic rules are recorded using video or photography, which are sent to the traffic police department, where, based on the materials provided, a decision is made on an administrative violation in the absence of the driver. If the driver received a decision to bring him to administrative responsibility with attached photo or video evidence by mail, you should pay attention to the date when the offense was committed. If another person was driving a car owned by the driver and recorded on a photo or video at the time of violation of traffic rules, then you should file a claim in court to challenge the decision on an administrative violation. To do this, the driver must ensure that the traffic violator appears in court, who can confirm his arguments.

If the driver does not want to frame the violator, then you don’t have to worry, since the statute of limitations for bringing to administrative responsibility is 3 months (with the exception of Articles 12.8, 12.24, 12.26, 12.27, 12.30 of the Code of Administrative Offenses of the Russian Federation - here the statute of limitations is 1 year).

Often, traffic police inspectors themselves violate federal law by refusing to provide the driver with evidence contained in the administrative violation case file. In such cases, you should not give in to emotions, but simply indicate in the protocol that you do not agree with the violation charged to you, take a copy and go to court with a statement of claim.

If the violation is recorded on a photo or video recorder, the traffic police officer is obliged to indicate in the protocol that the violation was recorded using technical means of video recording of violations, be sure to indicate the name of the device, its number and the validity period of the verification certificate, which he is also obliged to show to the driver for verification. If the traffic police inspector evades these actions, then this circumstance must be recorded in the protocol.

Considering that regulation No. 185 in clauses 24 and 25 allows both the driver and the traffic police officer to record the conversation, if evidence is not provided at the driver’s request, especially if video recording was mentioned, the conversation may be ended.

If the driver refused to sign the protocol because the traffic police officers did not provide evidence, then such an action in court will be perceived as a sign of the driver’s guilt. It is better to sign the protocol, but indicate that the driver does not agree with the specified offense.

If, during a conversation with a traffic police inspector, the driver assumes that the reason for the stop is illegal, the traffic police officer should be reminded of his responsibility in accordance with Art. 12.35 Code of Administrative Offenses of the Russian Federation.

Proof is the most difficult action in a court hearing, which in most cases is beyond the power of a person without a legal education. But at the same time, it is worth remembering that a clear knowledge of the law will help, when stopping a vehicle, not only to act competently when communicating with a traffic police officer, but also to point out violations on his part in order to challenge the decision made on an administrative offense. If you have a similar situation, immediately contact a car lawyer who will help resolve the conflict situation and help defend your legitimate interests in court. Our specialists are ready to come to your aid. Fill out the feedback form or contact the phone numbers listed on our website.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.

How a traffic police inspector visually identifies a violation

Every motorist in his life on the road has probably encountered the need to stop a vehicle by traffic police inspectors. All relations between the two parties are regulated by domestic legislation, but it often happens that inspectors interpret the law in their own way and stop cars completely without reason. To avoid such abuse of power, it is important to know the laws and understand your rights and responsibilities.

Does the traffic police inspector have the right to stop to check documents?

The legal relationship between the motorist and the inspector is strictly regulated by law. The law states that an inspector can only demand documents during a stop at a stationary post. In all other cases, the driver has the right to refuse such a request. In addition, there are a number of cases in which an official of internal authorities generally has the right to stop a vehicle.

It is important to understand what a stationary traffic police station is - this is the place where the squad performs duty. It must be equipped with an office space, it must have technical equipment, and special means for determining the offense. Also at the stationary point there are engineering and other structures, each of which is assigned an area of responsibility.

How to find out the insurance of a minibus if you have an accident, read here.

It often happens that traffic police inspectors, hiding in the bushes, supposedly, in the course of responsibility, stop a vehicle and demand documents. In this case, you have every right to demand from them a diagram of such a zone. If they refuse to provide it and draw up a protocol, indicate there the distance to the stationary point.

But here a certain legal conflict arises. Its essence is that, according to the law, the driver is required to have with him a license, documents that confirm the registration of the vehicle (if there is a trailer, then that too), and an insurance policy. And at the first request of an authorized traffic police officer, the driver is obliged to present them. And here the question is more complicated: why is the driver obliged to comply with the law, but inspectors often interpret it in their own way? The main problem is that the driver does not know whether the inspector has legal grounds for stopping and checking documents, and the first thing he will probably hear from the traffic police officer will be “show your documents.”

Reasons for stopping a car by a traffic police inspector

As already mentioned, there are only a few reasons, in accordance with the law, why a traffic police inspector has the right to stop vehicles and, of course, demand to present documents for inspection. If the inspector stops you, he is obliged to voice one of these reasons.

Visual identification or recording of traffic violations. In the latter case, it must be confirmed using special technical means.
When the inspector has an orientation, information from the inspector on duty, etc. This information may relate to the involvement of drivers/passengers in committing illegal acts both on and off the road.
If a traffic police officer has information regarding the use of vehicles in any illegal activities. If there are assumptions that the car is wanted.
If it is necessary to interview the driver/passengers, in the case where they may know some of the circumstances of any traffic violation or other offenses, or they were eyewitnesses to them.
If there is a need to involve the driver/passengers as witnesses.
If it is necessary to carry out administrative and regulatory actions. For example, travel is prohibited, the road is blocked, travel further is dangerous, as there is a threat of a collapse, etc.
If the inspector needs to use a vehicle. For example, there is a need to deliver a wounded person, but the inspector’s car has broken down. If you need to chase a criminal, but the police car is faulty (in this case, you remain the driver of your own car, but you are obliged to follow the instructions of the inspectors regarding where and how to go).
If it is necessary to involve the driver to provide assistance to other road users, traffic police inspectors.
When special raids are carried out to check drivers, passengers, and cargo. For example, this could be the illegal use of weapons by drivers, transportation of dangerous goods, etc.
Checking the documents that the driver must have, their list is indicated above. Such a check can only be carried out at stationary points.

There cannot be any other reasons, but there are some nuances here, because inspectors can hide behind some reason, even if there is actually none. So, for example, under the pretext of a raid, or, perhaps, to the inspector you look very much like some kind of offender - there are a lot of options.

Can a traffic police inspector visually identify a violation?

If you are wondering whether a traffic police inspector can identify a violation at first glance, then the answer is unequivocal - yes. Since crossing a solid line, stopping under a prohibitory sign or driving under a “brick”, swerving along the road can be easily identified and quite reasonably stopped in order to issue a fine, check documents or clarify the circumstances of inappropriate behavior on the road.

Often, inspectors indicate that the reason for stopping is that the seat belt is not fastened. Therefore, the question quite reasonably arises: can a traffic police inspector visually determine a belt violation? Here the situation is somewhat different: after all, even if he noticed that you or your passenger are not fastened, a photo or video recording of this fact is required.

When visually determining a violation, it is important to understand that this is possible in principle, and at this very second the inspector should not show you any confirmation. But the motorist also has rights: for example, when stopping a car, you should ask about the basis on which the stop was made.

Responsibility for leaving the scene of an accident.

Read about the responsibility of the culprit under compulsory motor liability insurance here.

Find out what to do if you hit a cyclist on the roadway at the link: http://1avtourist.ru/rassledovanie-dtp/sbil-velosipedoezzhej-chasti.html

There are some rights that can be exercised when communicating with an inspector to prevent illegal actions on his part, here they are:

Video of how a traffic police inspector visually identifies a violation

In the video you can see how a traffic police inspector determines a violation visually, without the use of technical means.

The following video will show how to behave if you are charged with a violation without fastening your seat belt:

The visual determination of an offense by traffic police inspectors is a rather contradictory phenomenon; on the one hand, they can and have the right to stop you if there is one. On the other hand, our not always conscientious servants of the law use this right and stop everyone they want. Remember: if you know your rights and are legally savvy, then you won’t care about even the most “authoritative” inspectors.

Presentation of an offense

Can a traffic police officer detect an offense visually or only using video and photo recording devices?

Yes - this is one of his main job responsibilities.

Sincerely, A.E.S.

Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 N 185 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety”

Traffic control includes: visual or technical monitoring of traffic

I wonder how he will prove my offense if he revealed it visually!? In order for me to agree to sign the protocol?

He will write out a protocol, and you will have 10 days to challenge it; if you do not challenge the protocol, it has entered into legal force. The law is strong, but it's law.

even if I didn't sign it?

Yes, he will simply draw up an act stating that you refused to sign, and 2 witnesses will sign on it. It would be enough.

I wonder who resolves such controversial issues according to the protocols if I do not agree with the traffic police officer, even if he found 2 witnesses who only signed that I just refused to sign and they did not see at all why the inspector stopped me. And what evidence can that person use if it was detected visually, but not otherwise?

The court decides based on your application.

The evidence can be very different, it all depends on what he suspected you of and identified you on the spot.

Let’s say he saw that I didn’t fasten my seat belt, and I really wasn’t fastened, how can he draw up a protocol if I don’t agree with his decision and, on the contrary, prove to him that I was supposedly wearing a seat belt. How can 2 witnesses help in this case?

It can be detected, but evidence is needed to punish the driver. According to the law, only visual recording of a violation by an inspector is not enough to make a decision.

it still only turns out

photo and video recording?

Yes, or you admit your guilt.

According to the law, all doubts are interpreted in your favor, i.e. if you say he didn’t violate, the inspector says he did, there is no other evidence, then you win. In practice, they rule that there is no reason not to trust a police officer.

It’s clear if it’s visual, then in principle he doesn’t have to waste the protocols and his efforts to draw them up because I'll be right. But if he tells me that in their official car there is a video recording of my violation, what should I do in this case?

Watch the recording and then act according to the circumstances. If everything is visible and there is nothing to dispute, then simply refuse; if there is something to dispute, then dispute. In general, fight to the last.

What list of documents should they have with them for these devices? After all, they should be documents? They don’t seem to have the right to film on their personal phone, etc. devices.

Can shoot video on any device. There must be special instruments for measuring speed, degree of tint, alcohol content in exhaled air, i.e. instruments for special measurements.

Can a traffic police inspector visually identify a violation?

The traffic police officer refers to the fact that the video and photographic materials will be provided to the administrative court.

It’s not surprising that the question arises: is the traffic police inspector obliged to show a video recording of the violation?

All cases involving video recording of violations are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

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But this situation is ambiguous.

Until the moment the inspector begins to draw up a report on the administrative violation, as well as before the initiation of a case, the requirement on the part of the driver to familiarize him with the materials on the case is groundless.

How should a traffic police inspector prove your violation? Before answering the question, I would like to note that the presumption of innocence does not apply in this case.

This means that the representative of the road patrol service must provide evidence, but he is not required to substantiate it.

Drivers are given the opportunity to appeal a court decision to impose administrative liability, but in this case they will have to prove their case on their own.

Can a traffic police inspector visually determine impairment or lack of consciousness?

However, nowhere, not a single law or by-law, does it say that the traffic police officer is obliged to show the driver a video recording of his violation. Moreover, another article of the Code of Administrative Offenses is 26.

1 - says that in an administrative case, any factual data on the basis of which the driver’s guilt is established can serve as evidence.
Including the testimony of the traffic police officer himself.

Presentation of an offense

And it’s true: who wants to fill out piles of protocols for 500-1000 rubles, when a couple of accommodating “meeters” during each shift make not only the patrol members, but also their boss and the boss’s boss feel great? One way or another, the increasing distribution of service video recording cameras among the broad masses of local traffic police officers has taught drivers that any traffic violation must be recorded on video.

Can a traffic police inspector visually identify a violation?

Responsibilities of the driver when stopped by an inspector

By law, each driver is required to carry a certain list of documents and present them for verification upon request. We are talking about the following:

driver's license of the appropriate category;
registration documents for the vehicle, if there is a trailer, then for it;
compulsory civil liability insurance policy.

Inspectors would like drivers to always provide the documents they are interested in for inspection, but according to the law, motorists have the right to fulfill such a requirement only if there were grounds for stopping their vehicle.

Can a traffic police inspector visually identify a violation?

And at the first request of an authorized traffic police officer, the driver is obliged to present them.

And here the question is more complicated: why is the driver obliged to comply with the law, but inspectors often interpret it in their own way? The main problem is that the driver does not know whether the inspector has legal grounds for stopping and checking documents, and the first thing he will probably hear from the traffic police officer will be “show your documents.”

Reasons for stopping a car by a traffic police inspector

Visual identification or recording of traffic violations.

Can a traffic police inspector visually detect a belt violation?

Russian Federation, a written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal.

When an application is received, it must be considered within 30 days and a response sent to the applicant, but if the application contains questions the solution of which is not within the competence of the institution to which it was received, then the application is sent within seven days from the date of registration to the relevant body or the relevant official to the person whose competence includes resolving the issues raised in the appeal, with notification to the citizen who sent the appeal that the appeal has been forwarded.

The procedure for considering an application for an offense

If the information described in the application has been confirmed, then according to clause 3 of Art.

Does the traffic police inspector have the right to visually determine the violation and stop it?

Since crossing a solid line, stopping under a prohibitory sign or driving under a “brick”, swerving along the road can be easily identified and quite reasonably stopped in order to issue a fine, check documents or clarify the circumstances of inappropriate behavior on the road.

When visually determining a violation, it is important to understand that this is possible in principle, and at this very second the inspector should not show you any confirmation.

The photo or video recording must show the license plate number of the car or the side number of the car in order to subsequently identify the employee who drove the car.

Company cars are assigned to one or more employees. Therefore, it is quite simple to establish who was driving the car and committed the violation.

After you have received a photograph or video of the violation, you must write a statement.

In order not to find out which department of the traffic police the car belongs to, you can write to the traffic police department of the region where this car is registered.

To prevent this statement from being “washed up” by the State Traffic Safety Inspectorate (and even more so if the violation is serious, such as oncoming traffic), it is necessary to duplicate this application to the prosecutor’s office of the region or judge of the Russian Federation.

Important! Knowing how the traffic police inspector determines violations of various kinds, you will be armed, which means you will be able to make claims and “download” your rights.

When visually determining a violation, it is important to understand that this is possible in principle, and at this very second the inspector should not show you any confirmation.

But the motorist also has rights: for example, when stopping a car, you should ask about the basis on which the stop was made.

There are some rights that can be exercised when communicating with an inspector to prevent illegal actions on his part, here they are:

Important! If the inspector does not have a badge, he has no right to stop the vehicle at all, much less demand anything.

If the reason for the stop is a document check, find out on what basis it is based; if it is a stationary point, then such actions are legal.

Often, inspectors indicate that the reason for stopping is that the seat belt is not fastened.

Therefore, the question quite reasonably arises: can a traffic police inspector visually determine a belt violation? Here the situation is somewhat different: after all, even if he noticed that you or your passenger are not fastened, a photo or video recording of this fact is required.

Important! Knowing how the traffic police inspector determines violations of various kinds, you will be armed, which means you will be able to make claims and “download” your rights.

When visually determining a violation, it is important to understand that this is possible in principle, and at this very second the inspector should not show you any confirmation.

Article according to which the traffic police inspector detects offenses visually

Popular mistakes and violations of traffic police inspectors that can be used in complaints

In this article I will not delve into the jungle of the law, but will only talk about the most simple and common violations on the part of the inspector, which you need to pay attention to and be sure to include first in the protocol, and then. So, the inspector stopped you.

Does the traffic police inspector have the right to visually record traffic rules?

// 04/18/2018 710 Views According to the current legislation, and in particular, Part.

1 tbsp. 25.1 of the Code of Administrative Offenses of the Russian Federation, the traffic police inspector who stopped the driver for violating traffic rules and drew up the appropriate protocol on such violation is obliged to familiarize the driver of the stopped vehicle with all the materials of the case. It is worth considering the fact that the traffic police inspector, until a case of administrative offense is initiated, can only indicate on what basis the vehicle was stopped, and is not obliged to provide evidence in this case. Only after an administrative case has been initiated, familiarization of the driver with his rights and case materials becomes the direct responsibility of the inspection officer.

Evidence is an integral part of the case of an administrative offense, therefore, at the first request, the traffic police officer who drew up the report is obliged to provide it to the driver.

Can a traffic police inspector visually identify a violation?

Contents Every motorist in his life on the road has probably encountered the need to stop a vehicle by traffic police inspectors.

All relations between the two parties are regulated by domestic legislation, but it often happens that inspectors interpret the law in their own way and stop cars completely without reason.

To avoid such abuse of power, it is important to know the laws and understand your rights and responsibilities.

The legal relationship between the motorist and the inspector is strictly regulated by law.

The law states that an inspector can only demand documents during a stop at a stationary post.

In all other cases, the driver has the right to refuse such a request. In addition, there are a number of cases in which an official of internal authorities generally has the right to stop a vehicle.

It is important to understand what a stationary traffic police station is - this is the place where the squad performs duty.

How a traffic police inspector visually identifies a violation

» » Every motorist in his life on the road has probably encountered the need to stop a vehicle by traffic police inspectors.

All relations between the two parties are regulated by domestic legislation, but it often happens that inspectors interpret the law in their own way and stop cars completely without reason.

To avoid such abuse of power, it is important to know the laws and understand your rights and responsibilities.

The legal relationship between the motorist and the inspector is strictly regulated by law. The law states that an inspector can only demand documents during a stop at a stationary post. In all other cases, the driver has the right to refuse such a request.

In addition, there are a number of cases in which an official of internal authorities generally has the right to stop a vehicle.

It is important to understand what a stationary traffic police station is - this is the place where the squad performs duty.

Consult with a lawyer online Ask a lawyer 420 lawyers are ready to answer now Answer in 15 minutes Car owners often find themselves in a situation where they are stopped by a traffic police inspector while driving a vehicle, although, at first glance, there is no reason for stopping - the traffic rules are followed, the driver is wearing a seat belt, speed is at an acceptable level.

The inspector records a video recording of the violation

Surely many people are familiar with this situation: you are driving your car along the road, and suddenly you are stopped by a traffic police inspector. He declares that you have violated traffic rules or asks to present documents.

When asked about the possibility of seeing evidence of an offense, the answer is negative. The traffic police officer refers to the fact that the video and photographic materials will be provided to the administrative court. It’s not surprising that the question arises: is the traffic police inspector obliged to show a video recording of the violation?

Important! If you are looking into your own case involving a video recording of a violation, then you should remember that:

The possibility of a positive outcome depends on many factors.
Understanding the basics of the law is useful, but does not guarantee results.
All cases involving video recording of violations are unique and individual.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

The inspector charges a violation, but he has no photo or video evidence - is it legal?

Jul 20 2019 | Reading time: Non-video attraction Open content The 2019 law clearly states that any person is innocent until proven guilty.

This applies to both criminal law and administrative violations.

It would seem that the answer to the question of what to do if a traffic police officer does not have photos and videos as evidence of a violation, but nevertheless, he imposes a fine or threatens to deprive of his rights, is quite simple: no evidence, no business!

Presentation of an offense

420 lawyers are now on the site Consult with a lawyer online Ask a lawyer 420 lawyers are ready to answer now Answer in 15 minutes Can a traffic police officer detect an offense visually or only using video and photo recording devices?

November 17, 2014, 23:40, question No. 620236 Alexander, Orel Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (2) 1538 answers 1074 reviews Chat Free assessment of your situation Sergey Ivanov Lawyer, Orenburg Free assessment of your situation

Yes - this is one of his main job responsibilities.

Should the traffic police inspector present evidence of a violation?

According to the current legislation, and in particular, Part.

Only after an administrative case has been initiated, familiarization of the driver with his rights and case materials becomes the direct responsibility of the inspection officer.