Relying on statistical data, approximately every third resident of Russia has the privately owned vehicle. In our high-speed century the car became an irreplaceable subject of everyday life. The car is necessary always and everywhere, not very well, for what purpose you use the favourite car. The main thing that if to take away opportunity to take the wheel, to insert a key into ignition and to go habitually at way for the road from you, you will feel the restrained.
And it can practically happen to each driver if he allows serious violation of traffic regulations, and the careful inspector of traffic police will hardly be interested in your justifications and assurances of innocence. At best you will get off with a penalty, and in the worst – you will deprive of the driving license the smallest for 1 month.
But happens so that the driver is really not guilty of violation therefore I want to tell the reader of InfoAdvisor.net about typical actions which will help to avoid deprivation of the driving license.
The violations attracting withdrawal of the rights at the driver
The known saying says: who is warned, that is armed. Deprivation of the driving license is an administrative measure of punishment. The violations involving administrative responsibility are regulated by the Code of the Russian Federation about administrative offenses (Code of the Russian Federation on Administrative Offences).
Articles a punishment measure on which is only deprivation of the rights:
Article 12.2. h. 4. Driving with obviously false state registration signs – deprivation of the rights for a period of 6 months till 1 year.
Article 12.5. h. 3. Driving on which forward part light devices with fires of red color or svetovozvrashchayushchy adaptations of red color, and equally light devices are installed, color of fires and which operating mode do not conform to requirements of Basic provisions for the admission of vehicles to operation and obligations of officials for traffic safety – deprivation of the rights for a period of 6 months till 1 year with confiscation of the specified devices and adaptations.
Article 12.5. h. 4. Driving on which without the corresponding permission devices for giving of special light or sound signals are installed (except for the security alarm system) – deprivation of the rights for a period of 1 year till 1,5 years with confiscation of the specified devices.
Article 12.5. h. 5. Use at the movement of the vehicle of devices for giving of the special light or sound signals (except for the security alarm system) established without the corresponding permission – deprivation of the rights for a period of 1,5 till 2 years with confiscation of the specified devices.
Article 12.5. h. 6. Driving on which external surfaces special tsvetografichesky schemes of cars of field services – deprivation of the rights for a period of 1 year till 1,5 years are illegally applied.
Article 12.8. p.1. Driving by the driver who is in a state of intoxication – deprivation of the rights for a period of 1,5 till 2 years.
Article 12.8. h. 2. Transfer of driving to the person which is in a state of intoxication – deprivation of the rights for a period of 1,5 till 2 years.
Article 12.8. h. 4. Repeated commission of the administrative offense provided by part 1 or 2 of the present article – deprivation of the rights for term of 3 years.
Article 12.10. h. 3. Repeated commission of the administrative offense provided by part of 1 present article (Crossing of a railway track out of a railway crossing) – deprivation of the rights for term of 1 year.
Article 12.15. h. 4. Departure in violation of the rules of traffic on the side of the road intended for oncoming traffic except for the cases provided by part 3 of the present article – deprivation of the rights for a period of 4 till 6 months.
Article 12.26. p.1. Non-performance by the driver of legal requirement of the police officer about passing of medical examination on a state of intoxication – deprivation of the rights for a period of 1,5 till 2 years.
Article 12.27. h. 2. Leaving by the driver in violation of the rules of traffic of a place which participant he was – deprivation of the rights for a period of 1 year till 1,5 years or administrative detention for a period of up to 15 days.
Article 12.27. h. 3. Failure to meet requirement of Traffic regulations about prohibition to the driver to take alcoholic beverages, narcotic or psychotropic substances after a road accident in which he is involved or after the vehicle was stopped on request of the police officer, before carrying out survey by the authorized official for establishment of a state of intoxication or before adoption by the authorized official of the decision on release from carrying out such survey – deprivation of the rights for a period of 1,5 till 2 years.
Articles a punishment measure on which is imposing of a penalty or withdrawal of the driving license:
Article 12.2. h. 2. Driving without the state registration signs - a penalty of 5000 rubles or deprivation of the rights for a period of 1 till 3 months.
Article 12.9. h. 4. Excess of the established speed of the movement of the vehicle at a size more than 60 kilometers per hour – imposing of a penalty in the amount of 2000 to 2500 rubles or deprivation of the rights for a period of 4 till 6 months.
Article 12.10. p.1. Crossing of a railway track out of a railway crossing, departure on a railway crossing at the closed or closed barrier or at the forbidding signal of the traffic light or the person on duty on moving, and equally in a stop or the parking on a railway crossing – a cash a penalty ozheniye of 500 rubles or deprivation of the rights for a period of 3 till 6 months.
Article 12.17. h. 2. Failure to provide advantage in the movement to the vehicle having the special tsvetografichesky schemes applied on external surfaces, inscriptions and designations with at the same time switched on by the flashing indicator of blue color and a special sound signal – imposing of a penalty in the amount of three hundred to 500 rubles or deprivation of the rights for a period of 1 till 3 months.
Article 12.21.1. p.1. Transportation of large-size and heavy freights without special permission and the special admission in case obtaining such admission obligatory, and is equal with a deviation from the movement route specified in special permission – imposing of a penalty on the driver in the amount of 2000 to 2500 rubles or deprivation of the rights for a period of 4 till 6 months;
Article 12.21.1. h. 2. Transportation of large-size freights with excess of the dimensions specified in special permission, more than 10 centimeters – imposing of a penalty on the driver in the amount of 1500 to 2000 thousand rubles or deprivation of the rights for a period of 2 till 4 months.
Article 12.21.2. p.1. Transportation of dangerous freights by the driver who does not have the certificate on training of drivers of the vehicles transporting dangerous freights, certificates on the admission of the vehicle to transportation of dangerous freights, special permission, the coordinated route of transportation or an emergency card of system of information on danger provided by rules of transportation of dangerous freights, and equally in transportation of dangerous freights on the vehicle which design does not conform to requirements of rules of transportation of dangerous freights or on which there are no elements of system of information on danger or the equipment or the means applied to elimination of consequences of incident in transit of dangerous freights, or non-compliance with conditions of transportation of the dangerous freights provided by the specified rules – imposing of a penalty on the driver in the amount of 2000 to 2500 rubles or deprivation of the rights for a period of 4 till 6 months.
Article 12.24. p.1. The violation of the rules of traffic or service regulations of the vehicle which entailed causing a little harm to health of the victim – imposing of a penalty in the amount of 1000 to 1500 rubles or deprivation of the rights for a period of 1 year till 1,5 years.
Article 12.24. h. 2. The violation of the rules of traffic or service regulations of the vehicle which entailed causing average weight of harm to health of the victim – imposing of a penalty in the amount of 2000 to 2500 rubles or deprivation of the rights for a period of 1,5 till 2 years.
As you can see, the list turned out not small. I think, the reader of InfoAdvisor.net understands that there are rules which violation cannot be justified, we will stop on those violations which do not do harm to another and can be made without evil intention on imprudence.
Each driver understands that he from anything it is not insured therefore it is necessary to be provident in advance. It is better to be prepared on cases of possible troubles on the road. How to make it?!
First, it is necessary to know the rights and duties, at least briefly.
Secondly, to follow traffic regulations.
Thirdly, to keep calm, to be polite and confident in the correctness.
Fourthly, to have at itself the camera and a dictophone.
The legislation is not perfect, any article can be interpreted skillfully doubly. Means, everyone has a chance to carry the case and to remain at the certificate of the driver, or to return it as soon as possible if it was withdrawn. Remember that before opening case on deprivation of the rights, the inspector at least has to make the protocol on an administrative offense with its concrete instruction. The simply and the first that you can make it when signing this protocol, specify "With the PROTOCOL DOES NOT AGREE or WORKED DUE TO the EMERGENCY or the SIGN was NOT VISIBLE, was BENT, In SNOW, etc.". Also at conversation with the employee of traffic police it is desirable to keep record on a dictophone. It guarantees you politeness from law enforcement agencies, the reasoned charges if they take place, and further record can be presented to the judge, as the proof.
In situations when the sign is bent, closed by branches or has other defects, record it on the camera. Do not hesitate to make as much as possible pictures which can be used for protection of the rights.
Correctly collected and produced evidence of your innocence will be the main key to success in this case. Photos, diktofonny records, copies of the protocol are all of you have the right to make and present to court for the protection. It is possible to appeal to court independently but if you are badly familiar with laws, it is better to address to professionals (any law firm will quite cope with this question). Otherwise can only waste time, and as a result remain with a judgment about deprivation of the driving license, having in that case complicated process on their restoration.
Article 26.2. Proofs
1. Proofs on the case of an administrative offense are any actual data on the basis of which the judge, body, in which production there is a business, existence or lack of an event of an administrative offense, guilt of the person brought to administrative responsibility, and also other circumstances important for the correct permission of business establish.
2. These data are established , other protocols provided by the present Code, explanations of the person concerning which the proceeding of an administrative offense, by indications of the victim, witnesses, expert opinions, other documents, and also indications of special technical means, material evidences is conducted.
3. Use of the evidence obtained with violation of the law is not allowed.
On the basis of this article you have the right to bring any proofs into court. Assess a situation and think that can help you to prove innocence. Attract witnesses of incident, demand to make the protocol in the presence of the third parties who will be able to confirm your correctness. Use everything to achieve necessary outcome of the case.
So as proofs it is possible to submit to court the photo in which it will be visible that journey is blocked by the cars which had an accident or the technical transport performing any works in this connection, there was a need to pass on an oncoming lane. It is also possible to write down numbers of these cars that the court could call owners as witnesses or make request in the organization which was carrying out works.
At excess of speed it is possible to refer to malfunction of a radar of traffic police officers, it is possible to attract as witnesses of passengers who were with you in salon. If you admit guilt and there is no opportunity to prove the return, the court will need to prove existence of the softening circumstances, it can also be eyewitnesses, the reference from hospital if you gave help to the patient. The heat of passion can be the softening circumstance, then you need to present to court of witnesses who will confirm that before starting on the journey, you argued with the chief, quarreled with the girl or any other quarrel happened the day before.
At charge of driving only the result of medical examination in a state of intoxication can rescue you. As the softening circumstance only understanding of the fault and readiness (desire) everything can be recognized to correct. It is possible to find witnesses who will show that you drink extremely seldom, only on big holidays and therefore you did not suspect, taking the wheel that alcohol did not leave blood yet.
I want to note for readers of InfoAdvisor.net that for each case of the proof can be various and the judge's relation to these or those facts too. Therefore there are no standard reasons which need to be presented in court as the justification. Everything depends on how you will give them and on how many truthfully they will look.
What it is useful? If you did not collect sufficient proofs, it is always possible to address to such articles as:
Article 1.5. Innocence presumption
1. The person is subject to administrative responsibility only for those administrative offenses concerning which his guilt is ascertained.
2. The person concerning whom the proceeding of an administrative offense is conducted, is considered innocent until his fault is proved in the order provided by the present Code and is established by the resolution of the judge, the body, the official who considered case which entered into force.
3. The person brought to administrative responsibility is not obliged to prove the innocence.
4. Ineradicable doubts in guilt of the person brought to administrative responsibility are interpreted in favor of this person.
Besides, find to yourself essential justifications and objectively present them to court, having proved emergency of your administrative offense, according to Art. 2.7. Code of the Russian Federation on Administrative Offences "Emergency": the actions executed for elimination of the danger which is directly menacing and the rights of this person or other persons and also to the interests of society or state protected by the law if this danger could not be eliminated with other means and if the done harm is less considerable, than the prevented harm.
Still it is possible to address to articles 2.8. Code of the Russian Federation on Administrative Offences "Diminished responsibility", 2.9. The Code of the Russian Federation on Administrative Offences "Possibility of release from administrative responsibility at insignificance of an administrative offense", 3.8. Code of the Russian Federation on Administrative Offences "Deprivation of the special right", 4.1. Code of the Russian Federation on Administrative Offences "The general rules of purpose of administrative punishment".
All other your justifications written or oral will get under the article 2.2 "Fault Forms" and will not yield desirable result, and more likely on the contrary – will worsen situation.
Penalty or deprivation of the rights?
In cases of violations when the measure of punishment provided deprivation of the driving license, there is only one option to avoid punishment: to prove the innocence. If article provided imposing of a penalty or deprivation of the driver's license, at impossibility to prove innocence, it is possible to try to achieve mitigation of punishment, that is payment of a penalty.
The matter is that at possibility of purpose of various measures of punishment for the same violation everything will depend on value judgment of the judge considering case. From what impression you as the person, will make on it, will depend his assessment of the situation and the offense. In this case it will be necessary to try to find as much as possible the softening circumstances which are provided by article 4.2. Administrative Code:
1. The circumstances softening administrative responsibility admit:
1) repentance of the person who made an administrative offense;
1.1) the voluntary message the person about the administrative offense made by it;
2) prevention by the person who made an administrative offense, harmful consequences of an administrative offense, voluntary compensation of the caused damage or elimination of the done harm;
3) commission of an administrative offense in a condition of strong sincere excitement (affect) or at confluence of difficult personal or family circumstances;
4) commission of an administrative offense by the minor (the minors which did not reach fourteen years concern juvenile children);
5) commission of an administrative offense or woman having the juvenile child.
2. The judge, body, the official considering case on an administrative offense can recognize softening the circumstances which are not specified in the present Code or in laws of subjects of the Russian Federation on administrative offenses.
Let's review some examples of the most often found violations.
Excess of the established speed of the movement can be recognized necessary if you hurried to the patient or carried to hospital of the person for whom medical care, for example, the woman in labor urgently was required.
And what if the inspector of traffic police assumes, what you are under the influence of alcoholic, drug intoxication or any psychotropic substance? You have the right to refuse "to breathe" into a face to the inspector or in alkometr. But you are obliged to agree to medical examination which is more exact indicator and the proof in court. But if the medical expert establishes existence in blood of ethyl alcohol or other forbidden substances, you should reflect seriously on existence of the emergency circumstances to avoid deprivation of the driving license and, most likely, recognition of the fault and readiness to expiate it will be the best exit.
For informational purposes: in Russia since 1.07.2008 the law on the limit content of alcohol in the driver's organism is adopted, and it makes 0,3 grams on 1 liter of blood or 0,15 grams on 1 liter of the exhaled air.
Often there are situations when the driver leaves for dividing line and it appears on an oncoming lane. If the fact is testified, you will hardly be able to prove that did not make this action, but can find the softening circumstances. For example, the compelled crossing of the control line in order to avoid threat of collision with ahead the going vehicle or going for overtaking. But there are cases when it is necessary to leave on an oncoming lane, previously having passed the cars going there, for example, as it was already told when your strip is blocked for carrying out a roadwork or as a result of accident.
Will be not superfluous to remind once again that the decision of the judge subjectively, various precepts of law it is possible to interpret doubly. It is impossible to describe and provide all cases at which these or those offenses are made, besides frequent changes in the legislation lead to that drivers do not know about volume which measures of punishment have to be applied in these or those cases though they are brought for the purpose of prevention of these violations.
Will take away or not?
Anyway you have to know, take away from you documents (driver's license) can only by a court decision not earlier. The court is appointed in some days, after drawing up the protocol at you will be time to be prepared and collect the thoughts. At insufficient number of proofs of your fault the meeting can be postponed for uncertain number of times. Intervals between meetings first make about a week though then can be appointed daily. Even after removal of a judgment you have a right to appeal against it within 10 days. Remember that it is easier to carry the case in its first consideration, than then to restore justice, it will be much more long.
It is necessary to fight, stand on the position and to look for as much as possible confirmations of innocence, play for trial time on so many, on how many will be able, finding various arguments in order that hearing was transferred or postponed. After all there is one more interesting article 4.5. The Code of the Russian Federation on Administrative Offences which says: "the decree on the case of an administrative offense cannot be issued after two months from the date of commission of an administrative offense".