How many witnesses should there be when drawing up a protocol?

Is there a list in any law of which traffic violations require attesting witnesses when drawing up a protocol?

If you refuse medical treatment. will inspect. Required? Should there be two?

Witness witness under the Code of Administrative Offenses in questions and answers

A witness is any adult who was called on a voluntary basis as a person certifying the administrative procedure. The interest for the majority lies, however, not in the meaning and definition of this word, but in what to do if you, as a witness, are then summoned to court or the traffic police. What rights does an attesting witness have in such cases, what he can and cannot do, why he is needed in court, is it possible to refuse to participate in the case and what is the responsibility for this.

But let's talk about everything in order!

What is the importance of a witness in a case?

So, this status of a participant in the proceedings is regulated by the Code of Administrative Offenses - more precisely, Article 25.7 of the Code. In the first part there is a definition of the attesting witness. But its meaning there is quite vague and not presented exhaustively. The definition from the Criminal Code sounds much clearer:

". a person invited to certify an investigative case.” But in our case – administrative.

Thus, the witness serves to be evidence of administrative procedures. But which ones?!

Rules and procedure for attracting witnesses

Most often, the procedure for attracting you to certify a particular process on the road by a traffic police officer is as follows:

An inspector stops you (it doesn’t matter whether you are a driver or a pedestrian); basis – subclause 84.5 of the Ministry of Internal Affairs regulations;
calls to act as a witness for a particular procedure;
Be sure to include you in the protocol corresponding to the procedure being carried out (Part 3 of Article 25.7 of the Administrative Code);
necessarily explains to you your rights and obligations - specifically Article 51 of the Constitution (about what you have the right to get acquainted with during the case and that you are not obliged to testify in this case against your relatives) - paragraph 89 of Order No. 664;
the inspector invites you to sign the protocol of the procedure, as well as make your comments (parts 4 and 6 of article 25.7 of the Administrative Code).

There are always two witnesses called - there are no procedures involving only one witness.

What are the requirements?

There are not many conditions for the participation of witnesses, but they exist:

the witness should not be potentially interested in the outcome of the case under consideration,
There must always be two (or more) witnesses
they both must be of legal age.

What are the duties and rights of a witness?

There aren't many of them. In fact, this is not directly stated anywhere, but the witness must be present throughout the entire administrative procedure for which he is involved. This comes from the very purpose of a person in this status - a process certifier.

During the administrative procedure itself, the witness is not obliged to do anything more than to be a law-abiding citizen (not to interfere with inspectors and not to violate law and order in any other way, not to hooliganism, not to beat the person involved, etc.).

It is important to understand that you are invited not only to watch some kind of theatrical performance, for example, involving a drunk driver, but to certify the correctness of all actions of employees and confirm the words and/or actions of the violator.

That is, the witness during the actions of the traffic police officers certifies the fact:

the presence of these actions themselves,
their contents,
their results.

For example, if you are brought in as a witness as part of an examination of a driver’s intoxication, then you certify with your signature the fact that his intoxication was determined (blowed through the device), you did it correctly, and the result of the blowdown showed the data indicated in the protocol.

What consequences can there be from the “witness” status itself?

A witness is essentially a witness during the course of a case. This is where his responsibilities as the latter come from. This means that the witness is obliged to appear in court later during the consideration of the case, if he is called to do so. There is no fine for this in 2019, but in exceptional cases, a police officer can arrange for a witness to be brought to a court hearing if it is impossible to consider the case without his testimony.

The judge first issues a ruling regarding the bringing of an attesting witness.

What rights?

The rights of a witness are also not very expanded. He has the right:

get acquainted with the case materials during the trial on the road,
make comments on the actions of any participants in the process.

Is it possible to refuse to be understood?

Yes, you can. Witnesses are called for a comprehensive consideration of the case, and for this you are called upon to have this status. But the driver has no obligation to be understood. This means that you can at any time refuse the inspector’s offer to testify to his actions, and the employee cannot demand this from you.

Accordingly, there cannot be a fine or other type of liability for this under any law in force in 2019.

Is it possible to be drunk?

There is no direct prohibition on participation as a witness in a case while intoxicated - alcohol or even drugs. However, the employee has the right not to allow you to participate as a witness in this state.

Under what procedures must there be a witness?

The list of such administrative procedures is not very long. But the main thing is that in any of them the witness can be replaced by an ordinary video recording (more on this below).

So, you may be called upon to “certify” the procedure in the following processes on the road.

OSAO and MOSO

It stands for “ examination for alcohol intoxication ” - that is, “purging” the driver on the road, or “ medical examination for intoxication .” This is a complex administrative action that requires the inspector to comply with a number of subtleties, and the procedure for this action is complex:

the inspector removes the driver from driving and invites the driver to undergo a compulsory insurance, which the driver can refuse; then, if there are reasonable grounds to believe that the driver is drunk, he is sent for a medical examination, which cannot be refused,
if the driver agrees, an inspection report is drawn up, and witnesses are invited for this event or video recording is used,
the witnesses are read out their rights, and the grounds for carrying out CILUMV are also stated (and they must be), and the operation takes place under their supervision,
if the device after “purging” shows a value higher than 0.16 mg per liter of exhaled air, a protocol is drawn up for the driver, where witnesses are included and their signature is affixed,
if the device shows values that are not prohibited for control, then the driver is either released, and then the witnesses sign the inspection report; or they are sent for a medical examination, during the preparation of documents for which the same witnesses are involved or a video recording is made, and the driver goes to the medical examination itself without witnesses.

Inspection of a vehicle, cargo or personal belongings and/or their seizure

The traffic police officer draws up a vehicle inspection protocol and invites two witnesses or turns on a video recording; the witnesses must immediately be included in the protocol,
the witnesses are read their rights, the grounds for conducting the search are stated, and the operation itself is carried out in their presence,
when prohibited items are found, they are confiscated, which are demonstrated to witnesses and entered into the protocol,
the inspection protocol is handed over to the attesting witnesses for signature, as well as the protocol for the seizure of items, if any were seized.

Personal inspection

Personal search is carried out only in the presence of witnesses. This is the only administrative procedure for which video recording is not suitable (clause 190 of the regulations). If a man is being examined, then the operation must also be carried out by a man; if a woman is being examined, then the operation must be carried out by a woman.

The procedure for attracting witnesses and their signatures is similar to searching a car.

Evacuation to impound lot

Witnesses during the evacuation of a car are called only when the driver is not present during such an evacuation (clause 250 of the regulations). When a car is detained, a corresponding protocol is drawn up (clause 251), where witnesses sign.

The evacuation process itself, in addition to the protocol, must be accompanied by sealing the doors and trunk lid of the car (special stickers must be affixed).

Witnesses can be replaced by a video recording of the process.

Car arrest

This is one of the very rare operations that requires witnesses or video recording of the process. The arrest must also be accompanied by an inventory of property, including inside the car, and a corresponding protocol, which is signed by attesting witnesses.

For what operations are witnesses not needed?

The list of such procedures is quite wide, and we will list only the most non-obvious ones (after all, it is clear that to issue a simple fine of 500 rubles, for example, an attesting witness is definitely not required):

administrative detention of the driver or any other person,
delivery to the police department,
vehicle inspection (how it differs from a search, read the special article),
bringing a person to court or the police department,
expulsion of foreign citizens,
writing down requirements and instructions for tinting,
drawing up a protocol on deprivation clauses for submission to court,
confiscation of license plates and STS for driving an unregistered car.

I am summoned to court as an attesting witness - what should I do?

You are required by law to appear in court. At the same time, you must be notified only in a legal way - by delivering a summons (even at the post office they must hand it in by sending a notice, and not throw it in the mailbox). And no phone calls or SMS.

As we mentioned above, there is no penalty for failure to appear as a witness, so you can refuse this. But the court office may issue you a certificate for work if the call time coincides with your working hours.

At the trial, with a high degree of probability, you will be needed as a witness only to confirm the fact of your presence at the administrative procedure in which the case is going on. For example, if the judge doubts the authenticity of the signatures.

If controversial issues arise - for example, the inspector claims that the driver refused to be examined, and the driver claims that he did not refuse, then the witness can also be questioned as a witness. Therefore, the benefit of you coming to court may not be obvious to you.

What is the difference between a witness and an eyewitness?

Everything is very simple, and the differences come from the very meanings of the understood and other statuses of citizens at a given moment in time:

eyewitness - the informal status of a person who saw something somewhere, that is, the very fact that you are an eyewitness cannot appear in any document;
an eyewitness becomes a witness after he is brought in as the latter in compliance with all the rules and requirements for this: notification in a proper manner (by summons), reading to him of his rights;
the meaning of a witness is in no way connected with the witness, or, moreover, with the eyewitness - the witness only certifies with his presence and signature the fact of the existence of one or another administrative procedure, as well as the compliance of its procedure with that described in the documents (protocol or act).

Can a witness film on camera?

Yes, but only with the permission of the traffic police inspector. Despite the fact that the driver has every right to film a traffic police officer, there is an implicit difference between the two processes. According to Article 24.3, Part 3 of the Administrative Code, video recording (and audio recording) during the consideration of a case is allowed only with the permission of the person considering the case. So, a driver, when stopped by a traffic police inspector, can rightfully dismiss the latter for the reason that the consideration of the case has not yet begun, if a protocol has not been drawn up (and almost never a protocol is drawn up immediately).

But a witness is usually brought in after the protocol has been drawn up (where his data is recorded), so the consideration of the case has already begun.

What age should you be?

In both administrative and criminal law, the age of a witness must be at least 18 years (Article 25.7 of the Administrative Code), unlike a witness, who may be younger.

Minors are not allowed to participate in the consideration of the case as witnesses. And if at least one of them is a minor, then his signature should not be accepted, and the entire case should be terminated.

I want to be understood, but the inspector forbids it - does he have the right?

Yes. But for legal reasons. In fact, the procedure for bringing you in does not directly prescribe the possibility for the inspector to prohibit calling you as a witness, even if you yourself intend to. But there are certain requirements for an attesting witness, which we listed above.

Protocol on administrative offense of the traffic police

One of the reasons for stopping a driver by a traffic police officer is to establish a violation of the Traffic Rules (TRAF), for which administrative liability is provided. Let's consider the procedure for drawing up an accident report when a driver violates traffic rules. The possibility of bringing the culprit to justice depends on how correctly the protocol on the case is drawn up. A protocol drawn up with procedural violations can serve as one of the grounds for terminating the proceedings.

In accordance with the requirements of Articles 23.3, 28.3 of the Code of Administrative Offenses of the Russian Federation, the following are authorized to draw up protocols on administrative offenses for violations of traffic rules:

head of the state road safety inspection, his deputy;
head of the center for automated recording of administrative offenses in the field of traffic police, his deputy;
commander of a regiment (battalion, company) of the road patrol service, his deputy;
traffic police officers with a special rank.

In accordance with the requirements of the Code of Administrative Offenses of the Russian Federation, 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, approved by Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 N 185 (registered with the Ministry of Justice of Russia on June 18 .2009 N 14112) the grounds for drawing up a protocol on an administrative offense are:

identification of an administrative offense, if the consideration of the case of this administrative offense is not within the competence of the employee;
challenging by the person against whom the case has been initiated the existence of an administrative offense and (or) the administrative punishment imposed on him;
identification of an administrative offense committed by a minor who has reached the age of sixteen;
identification of an administrative offense that does not entail a warning, committed by a sergeant, sergeant major, soldier, sailor undergoing military service on conscription, or a cadet of a military educational institution of vocational education before concluding a contract with him for military service.

When a determination is made to initiate a case of an administrative offense and conduct an administrative investigation, a protocol on the administrative offense is drawn up at the end of the administrative investigation.

Mandatory requirements for the accident protocol

In accordance with the provisions of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, the protocol on an administrative offense indicates the date and place of its preparation, position, special rank, surname and initials of the employee who compiled the protocol, information about the person against whom the case of an administrative offense was initiated, surnames, first names, patronymics, and residential addresses , telephone numbers of witnesses and victims, if any, place, time of commission and event of an administrative offense, article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation, providing for administrative liability for this offense, paragraph of the Road Traffic Rules (TRAF) or other regulatory legal act, violation of which admitted, explanation of the person against whom the case was initiated, other information necessary to resolve the case.

A universal sample accident protocol has been developed for use by traffic police officers (see below).

Participation of witnesses in drawing up a protocol on an accident

If witnesses participate in proceedings in a case of an administrative offense, a record of this, indicating their last name, first name, patronymic, residential address, telephone number, information about an identity document, is made in the appropriate protocol. Any adult who is not interested in the outcome of the case may be brought in as a witness. The number of witnesses must be at least two. The observations of the witness must be entered into the protocol.

According to the requirements of the Code of Administrative Offenses of the Russian Federation, the presence of witnesses is mandatory when applying the following measures in the case (provided that video recording is not used):

delivery;
administrative detention;
personal search, search of things, search of a vehicle in the possession of an individual; inspection of premises, territories, things and documents located there;
seizure of things and documents;
suspension from driving a vehicle of the relevant type;
examination for alcohol intoxication;
medical examination for intoxication;
detention of a vehicle;
seizure of goods, vehicles and other things;
drive unit;
inspection of the place where the administrative offense was committed.

The witness certifies in the protocol with his signature the fact of the commission of procedural actions in his presence, their content and results.

New. With the amendments made to the Code of Administrative Offenses of the Russian Federation, the presence of attesting witnesses has become optional in cases where video recording of a procedural action is used.

In the case of the use of special technical means, their testimony is reflected in the protocol on the administrative offense. In this case, the name of the special technical means and its number are indicated.

Rights of persons held accountable

When drawing up a protocol on an administrative offense, it is mandatory to explain procedural rights to drivers (or other persons) held accountable.

Such rights are provided for in Article 25.1 of the Code of Administrative Offenses of the Russian Federation, according to which a person against whom proceedings are being conducted for an administrative offense has the right to familiarize himself with all the materials of the case, give explanations, present evidence, file petitions and challenges, and use the legal assistance of a defense lawyer

Consideration of a petition when drawing up a protocol on an accident

Most often, drivers exercise their powers to submit petitions. The request must be submitted in writing. Petitions of persons participating in the proceedings on an administrative offense are attached to the case and are subject to immediate consideration by the employee within his competence. The decision to refuse the application is made by the traffic police officer in the form of a ruling. When filing a petition for consideration of the case at his place of residence, this petition may be reflected in the protocol on the administrative offense.

Receiving explanations

When drawing up a protocol on an administrative violation, before receiving explanations, the person against whom a case of an administrative offense has been initiated, as well as other participants in the proceedings in the case, must be explained the rights and obligations provided for in Article 51 of the Constitution of the Russian Federation, which is recorded in the protocol.

For reference: Article 51 of the Constitution of the Russian Federation. No one is obliged to testify against himself, his spouse and close relatives, whose circle is determined by federal law. Relatives include: spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren.

Familiarization with the accident protocol

The person in respect of whom a protocol on an administrative offense has been drawn up must be given the opportunity to familiarize himself with it. A person has the right to provide explanations and comments on the contents of the protocol, which are reflected in it or attached to it. The driver must sign the protocol for familiarization.

The protocol on an administrative offense is signed by the employee who compiled it and the person in respect of whom it was drawn up. If the specified person refuses to sign the protocol, a corresponding entry is made in it.

The person in respect of whom the accident report was drawn up, as well as the victim, is given a copy of this protocol against signature.

Map of the location of the accident

If it is necessary to provide additional information that may be important for the correct resolution of the case of an administrative offense, the employee who identified the administrative offense draws up a detailed report and (or) a diagram of the place where the administrative offense was committed, which are attached to the case. The diagram of the place where the administrative offense was committed is signed by the employee who compiled it and the person against whom the administrative offense case was initiated. If the specified person refuses to sign the diagram, a corresponding entry is made in it.

Appealing a protocol on an administrative offense

The current legislation does not provide for the procedure for appealing the protocol in an accident case. The Code of Administrative Offenses of the Russian Federation establishes the possibility of appealing only decisions in cases of administrative offenses.

At the same time, as a general rule, it is not the document itself (the protocol on an accident) that can be appealed, but the actions of the traffic police officer who compiled it. In this case, the complaint must indicate specific actions with which the applicant does not agree. You can appeal the actions of a traffic police officer to a higher official, or to the court, as well as to the district prosecutor's office.

Prepared by Personal Rights.ru

Additional information on the topic:

The procedure for drawing up a traffic police report on an administrative offense

The procedure for drawing up a traffic police report on an administrative offense is regulated by the Code of Administrative Offenses of the Russian Federation (Chapter 28) and other documents.

The Code details the drafting algorithm, deadlines, as well as information that must be included in the protocol. The necessary explanations are provided for individuals and company representatives.

If a protocol is drawn up against a driver who is suspected of violating traffic rules, the motorist must be familiarized with the document.

Let's consider the rules for drawing up a protocol on an administrative offense and other important details that will help the motorist understand whether the procedure for drawing up a document is legal and whether there are violations.

What is a protocol and when is it drawn up?

This is a procedural document that is drawn up by an authorized official in the presence of an administrative offense. The document does not yet prove the appearance of the motorist, it only reflects information about what happened.

The protocol is the basis for further issuing a decision on an administrative violation.

Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 No. 664 “On approval of the Administrative Regulations” stipulates that the traffic police protocol is drawn up by an official of the traffic police department and other authorized persons.

Reasons for drawing up the protocol:

The traffic police inspector draws up a protocol if he has identified a violation, but cannot consider the case of this offense, since the consideration of this case is beyond his competence;
the existence of an offense is disputed by a person who is suspected of a violation, or in the event of a refusal to sign the relevant signature in the decision on the offense;
the offense was committed by a minor who has reached 16 years of age;
an administrative offense has been identified that does not entail a warning committed by a sergeant major, sergeant and other officials.

Article 28.1 of the Code of Administrative Offenses of the Russian Federation No. 195-FZ, as amended, which came into force on 10/29/2017 (“Consultant”: http://www.consultant.ru/document/cons_doc_LAW_34661/6316f0363775130d5f77e6d9ee6584accf8a9701/): a case of an administrative offense is considered to be initiated from the moment when a protocol of inspection of the crime scene is drawn up.

Article 28.5 regulates the time frame for drawing up a protocol on an administrative offense:

the document is drawn up immediately, i.e. immediately upon discovery of a violation;
if there is a need for additional clarification of the circumstances of the offense or other information, the protocol is drawn up within two days from the moment the offense was discovered;
if an administrative investigation is carried out, a protocol is drawn up when the investigation is completed within the time limits provided for in Article 28.7 of the Code.

An investigation is carried out when information can only be obtained after conducting examinations or other actions that take a certain time. The investigation should usually not last longer than a month.

Let's consider the basic requirements for drawing up a protocol.

Information that must be included in the protocol

The document indicates the date, place of compilation, position, full name of the officer drawing up the protocol, information about the detained person, time, place, reasons for detention (Article 27.4).

The following information is also entered (Article 28.1.1):

actions of officials and the order in which they were carried out;
condition, quality of the road, presence or absence of markings, lighting of the section of the road on which the violation was committed;
the type of intersection (controlled or unregulated) at which the driver committed a violation, whether the traffic light was working, whether there were priority signs;
other important circumstances.

Article 28.2 (clause 2): the protocol also indicates the full name, address of witnesses and victims, if any.

In the protocol, the inspector must indicate the statements of the persons who participated in the inspection. They are explained their rights and responsibilities under the Code. The inspector makes an appropriate entry.

The employee must also make a note about the use of photographs and videos and other methods of recording material that can prove the guilt or innocence of the driver. The received materials are attached to the protocol.

The legal act that was violated, a detailed description of the situation, and an article providing for liability for the offense are indicated.

If the form has empty fields, they must be filled in by writing Z. Then unscrupulous traffic police officers will not be able to enter false information about what happened.

As an explanation, it is better to indicate: “I did not violate traffic rules, I do not agree with the inspector” (provided that there were really no violations).

The following should also be noted:

whether an accident diagram was drawn up;
whether the rights and responsibilities were explained by the traffic police inspector;
if an employee indicated the word “violator” everywhere, it must be corrected to “driver”;
whether the motorist's witnesses were included.

The driver has the right to request that the hearing on his case be postponed to a more convenient date . You can move the place of consideration when the driver was detained in a foreign city.

The document is signed by the official who compiled it and the detained driver. If the motorist refuses to sign it, it is necessary to make an appropriate entry in the protocol. A copy of the protocol must be given to the motorist (at his request).

Article 28.8 of the Code regulates the following: “The protocol is sent to the judge, body or official authorized to consider the case of an administrative offense within three days from the moment the protocol is drawn up.”

If the culprit faces arrest or is expelled from the country, the report is handed over to the judge immediately after drawing up.

If there are errors in the protocol (for example, the article for the offense is not indicated), the shortcomings must be eliminated within three days from the date of their receipt from the judge, body or official who considered the case.

The case materials must be returned to the specified judge, body, or official within 24 hours from the date the errors were corrected.

Witnesses and witnesses

Are witnesses needed? The need for witnesses is regulated by Article 25.7. So who can be an attesting witness? Any competent and adult person who is not interested in the outcome of the case is involved as a witness.

The witness must certify in the protocol with his signature the fact of the commission of actions and their content in his presence, as well as the result. The fact of the participation of witnesses in the paperwork, as well as their comments, is recorded in the protocol.

A witness may be (Article 25.6):

any capable person, even a close relative;
the witness may know the circumstances of the case;
a minor (who is under 14 years old), but in the presence of a teacher or psychologist (if necessary, the survey is carried out in the presence of a legal representative).

The witness must come to court when summoned by a judge or other official and testify. His comments are also recorded in the minutes.

How many witnesses should there be? At least two.

The witness confirms the fact of the procedural actions, and the witness is an eyewitness to the events who is able to talk about them.

Can a traffic police officer be a witness when drawing up a protocol? There is no direct prohibition in the regulations on the involvement of traffic police officers as witnesses.

But the fact of involving a traffic police officer who is subordinate to the official drawing up the protocol as a witness is unacceptable.

This state of affairs will give every reason to doubt the objectivity of such evidence. Official interest or other reasons may lead to giving deliberately false testimony.

When does the alleged offender need to get out of the car?

Is the driver required to get into a traffic police car to draw up a report? The inspector may ask the driver to get out of the vehicle in the following cases (Order of the Ministry of Internal Affairs No. 664 of August 23, 2017):

identifying signs of driver intoxication or illness;
to conduct a personal search, inspection, inspection of the vehicle and cargo;
perform a reconciliation of vehicle numbers and components with information in registration documents;
for the participation of the driver in procedural actions, to provide assistance;
if it is necessary to eliminate a technical malfunction of the vehicle;
if the driver's behavior poses a threat to the safety of the inspector.

The document also regulates that the driver can get into a patrol car or go into an office building if his presence is required to draw up procedural documents.

Protocol violations

Sometimes a document can be declared invalid if errors were identified during the preparation of the protocol on the offense, as well as a violation in the order of drawing up.

A person against whom a case has been opened for an administrative violation must carefully monitor what information is entered into the protocol by the inspector.

The traffic police officer should not delay in drawing up the protocol . The document is drawn up immediately (exception: Article 28.5, paragraphs 2 and 3).

If the inspector delays the compilation unlawfully, this fact can later be used in court as a defense. It is better to record the entire process on camera, which will help identify any violations of the procedure.

If the inspector has not explained the rights and obligations to the citizen, the appropriate box must be marked “I do not agree.” Sometimes even such a mark is enough to challenge the legality of the protocol.

If gross factual errors were made during the preparation, and they can be proven in court, the protocol will be declared invalid. Be sure to put a dash or “Z” in each empty space.

The inspector must also provide a copy of the report to the driver. If a traffic police officer does not enter the testimony of declared witnesses or witnesses into the protocol, this is a violation.

If a traffic police inspector invites citizens who were not at the scene of the incident at the time of the offense to testify, and also invites them to sign a protocol, such actions can be seen as signs of a crime being committed.

Any corrections in the document must be certified by the signature of the official who draws up the protocol and the signature of the detainee. So the latter certifies that he is familiar with the correction and agrees.

Assignment of punishment without protocol

The protocol is not drawn up in the following cases:

punishment in the form of a warning or a fine is imposed at the place where the administrative offense was committed, and the driver agrees with his guilt;
The violation was recorded by security cameras that operate automatically.

A protocol is a document drawn up by an authorized official, which reflects the event of an offense. The driver must ensure that all protocol requirements have been met.

Usually drawn up immediately, but also within two days or after the end of the administrative investigation.

Drawing up a protocol is preparation for consideration of the case, and the motorist must carefully read what information the traffic police inspector entered into the protocol.

Remember: Article 1.5 of the Code of Administrative Offenses of the Russian Federation regulates that a person against whom proceedings are being conducted for an offense cannot be considered guilty until his guilt is proven in court. Nothing obliges a citizen to prove his innocence.

Law Club Conference

The procedure for drawing up a protocol and an inspection report.

Face May 27, 2009

sem-prav May 28, 2009

Law&Order May 28, 2009

Hello, a traffic police officer stopped me and suspected me of being intoxicated. He began to draw up a report on an administrative offense and a report on the suspension of a vehicle while intoxicated. In both protocols, the time for drawing up the protocols is 4 hours 30 minutes and the reason for the state of alcoholic intoxication is indicated. After long conversations and apparently expecting some kind of financial incentives from me. Without waiting, they took out the device and conducted a medical examination. On the printed coupon of the breathalyzer device the time is 6 hours 37 minutes. After which an alcohol intoxication certificate was drawn up. Are the actions of the employees legal when drawing up protocols at 4 hours 30 minutes and conducting the investigation itself after 2 hours 7 minutes? Aren't the protocols drawn up on the basis of the Medical Examination Certificate?

What you wrote is not clear at all.
How did the protocol on the accident begin to be drawn up earlier than everyone else? If this is indeed the case, and it is clear from the time in the protocols, then the answer is not your question. YES, the actions of iDPS are clearly unlawful, and they can be declared illegal. what if it was a little different? then I advise you to post copies of the documents. otherwise it is very difficult to understand you.

in essence, there should be:
a protocol of removal,
an act of examination for intoxication (on the spot),
a protocol of referral,
an act of medical.
examination for intoxication Protocol
- copies of all these documents should have been handed over immediately.

there may also be a report on file (but you are not required to give a copy of it, you can make a copy in court)