To quickly get used to the good, and drive a car - very comfortable and pleasant. It is impossible to observe all traffic rules, but sometimes the fault can be fatal, and the driver will hang over the threat of losing the right to drive a car. And for someone to machine - not just a means of transportation, but also a source of income. What if the traffic policemen on the road with a dispute that led to the court hearing? Our questions answered intern Bar "Mosregionyurtsentr Dmitry Prokhorenko. Avto.ru: Why do motorists apply for legal aid? Dmitry Prokhorenko: Lawyer - is primarily a person who knows the law and the structure of government. In defending his innocence, must be skillfully applied not only to the rules of law and traffic regulations, as well as documents and evidence upon which the defense. Not every motorist knows these things, others prefer to use the services of professionals. There are occasions when the outcome of the case depends on the correct presentation to explain the circumstances. People without legal training, it can defend themselves and their case not only in court, but still at the stage of the conversation with traffic policemen. Most often to me for help turning drivers are at the deprivation of a driver's license. For example, I recently worked with a client who could become a pedestrian for a period of 1.5 years. Turning to my man, going round an obstacle, drove into the oncoming lane, where collided with a car "Gazel". Drivers of vehicles inspected for damage, then decided to part amicably. After a few days "culprit" learns that his car is wanted for leaving the scene of an accident. Prior to my intervention, he managed to write an explanation of the traffic police and asked to interview witnesses. The police he wrongly stated that the passenger, who was in his car, can not be a witness, referring to his interest. I note that this is a gross violation of norms of art. 25.06 Code of Administrative Offences: the witness may be caused by any person (including close relatives) who may be aware of the circumstances of the case, and who is obliged to give truthful testimony, tell all he knows on the case, answer questions and verify the signature in the appropriate entry protocol correctness of his testimony. In doing so he has the right not to incriminate himself, his spouse and relatives. Later, other than a passenger found two more witnesses - the passer and the seller of the stall. Was drawn up under Part 2 of Art. 12.27 Code of Administrative Offences (leaving the driver in a traffic violation places a road accident, to which he was), my client confiscated driver's license. I undertook to represent the client in the case two days before its consideration by the court. Not in favor of the accused were four similar violations in 2008 (moving into the oncoming traffic), two of which were not paid penalty receipts. It would seem that the position of the court is clear, walk him on foot. But I found several errors in the documents - the traffic police in the scheme of the accident does not appear where there were cars and did not specify the location of the fragments. Our application for the admission of witnesses were satisfied with their help, found out discrepancies in the record and present circumstances of an accident. Collision occurred at 8:30 in the morning and the document indicated 10 in the morning, clashes have been shifted to 5 pm The witnesses (witnesses) have explained to the court that they saw as drivers, the participants in an accident, got out and talked, and then the first with the accident left "Gazelle". Then, about an hour the victim returned to the place of accident, but after a while the traffic police arrived. Things took a completely different turn: in the actions of both drivers were present evidence of an offense under part 1 of article. 12.27 Code of Administrative Offences (Failure driver duties under Traffic Regulations on registration of an accident). Due to the fact that the timing of consideration of an administrative case expired, the driver of "Gazelle" and the traffic police inspector did not appear in the hearing, the court decided to dismiss the case because of the lack of corpus delicti. Avto.ru: What do you do with a slight collision? DP: Some people believe that if the parties to the accident did not have claims to each other, you can write a receipt and leave. I emphasize that the receipt is not a legal document in court it would have no probative value. Under the new changes in traffic rules and the law on compulsory motor insurance, if the accident caused only property damage, not exceeding 25 thousand rubles., Drivers can handle the documents themselves. My personal opinion: if the result of the accident is not affected, the drivers with the mutual agreement in the assessment of the circumstances of the incident can be pre-reaching scheme of the incident and signed her to come to the nearest post of traffic police officers (DPS), or the police - it is better to issue accident. It is also desirable to find witnesses to the accident and to take their contacts. Unfortunately, our drivers are rude to each other, get some help on the road is very difficult. About two months ago, I myself witnessed the crash: driving along Ring Road, next to me was driving a car Mazda, which struck the rear of the car Nissan. The victim stopped, but before he could get out as the culprit passed back crash and fled the scene of an accident. I remember the number of intruder and left his phone the driver to Mazda. Later, on-call inspector, I came to the traffic police, where he wrote an explanation. Avto.ru: Now divorced a lot of scams. How to protect yourself from the bases? DP: If you feel a fraud, be sure to call the police, it is always deters fraud. Recently, I finished work on simulating the accident. My client, the owner of the BMW X5, parked backwards in a parking lot near a major shopping center and, once out of the car, approached him with the girl and the guy said that he had scratched their car is Honda Civic. In an SUV, the most interesting, there were no traces of collision or injury, but the "victims" insisted on financial compensation. BMW Driver error was that he did not wait for traffic police officers. Owner Honda caused the inspectors, after which my client was charged with leaving the scene of an accident. Under parsing fixed that on the car "culprit" no damage. In addition, the Civic driver changed his testimony, saying that the attack was carried out not by the bumper and the exhaust pipe. Note that when viewed from the height of the scratches on the Honda Civic and the silencer BMW X5 differed by more than 10 cm magistrate on the basis of report issued by traffic police, ordered the deprivation of rights. But the appeals court later overturned the decision of the judges and ceased administrative proceedings for lack of evidence, since the collision between the cars was not. Avto.ru: Give a couple of tips on how not to bring the case to court? DP: If you are stopped by traffic police officers, do not be nervous, do not "swing" right, talk with them correctly and politely, he was also a man and can "break" - rude in response. Of course, most inspectors seem indistinct. Many people wonder whether they should immediately ask again. No, not worth it. Ask the inspector to introduce once again you can at any time. But if you want at once - do it without having to call and with a smile: do not hear digress. "Bykuyuschie" concrete guys are good only in the movies and just like stupid girls and Sergeant Ivanov (Petrov and Sidorov ...) is unlikely to be such. Never call its violations, the inspector must inform himself what point you have broken the SDA. Ordinary violations, which often stops - overtaking in the wrong place, crossing the double solid line and speeding. In the first two cases the resistance is practically useless - we are talking about the human factor, and the word inspector in court will always be higher than yours. And never attempt to resolve the issue through a bribe. Most, of course, prefer to resolve issues without the protocol. It is better to take along in the glove compartment of two books - the SDA and the Administrative Code, do not hesitate to ask the traffic police to show you the item you allegedly violated. Unscrupulous police officers can come up with non-existent violations and demand for them the maximum penalty. Do not be afraid to write a protocol with which you disagree. Before signing the document, read it carefully. For example, you go where the speed of 60 km / h but traffic policeman to stop you said that the radar spotted your speed - 80 km / h. The protocol (a receipt for a fine explanation) to write something like this: "With this rate does not agree, I went with the position at 60 km / h. Other cars, traveling with me in the stream, seeing the traffic police have started to brake sharply, resulting in my car, moving at a constant rate, was to come. The speed recorded by radar, not mine. " This would already be enough. Also, do not be amiss to ask the certificate to the device. If it is not - allows us to write a receipt for the fine, which he wrote: "The certificate to the device for measuring the speed is missing, so the prosecution did not agree." And a signature. Once, my close friend wanted to deprive a driver's license for moving into the oncoming traffic. He turned into a street that was once a duplex. At the turn hung two informational sign "Main Road" and "Move right and right" and to "brick" after the turn, he did not have time to get there. The traffic police, hiding behind the corner, stopped him and invited them to his car. There they have an interesting dialogue, during which the inspector asked if he would propose or suggest a solution "emerged problemki. My companion joked, offering to let him go, because a violation was not - a sign prohibiting it is not passed. As a result, for it was drawn up and confiscated driver's license. And provide legal assistance to send me. Knowing how the "traffic cops" "tread paths" in the local courts, I advised a friend to make a request to hear a case to his residence. In court, he gave the witnesses who testified that the violations on his part was not, and photos from places where it is clear that his car is up to the zone of the prohibitory sign after entering the yards. Right after he returned, as administrative proceedings were discontinued. But when it smells like "fried" and you think you are at risk in the form of bases (for example, under the spare tire in the trunk is a bag with white powder), ask for witnesses, and, most importantly, nowhere touching, dial 02 and tell names of employees, numbers of their vehicles. The main thing is not out of the car (it's not necessarily!), Upload documents from the half-open window. The inspector should come up, introduce themselves and explain the reason for the stop. If you are trying to stop to check somewhere on the road where just a plain "Zhiguli" and with it the traffic police, bravely passes by and at the first post of DPS stop and talk about what happened - it could be and not the police at all. Avto.ru: How much time is spent on the restoration of justice? DP: From time costs can not escape. Each case individually. For example, in the latter case, I once rode in the traffic police, and twice in court, plus time spent on sending telegrams. It was about two working days and only costs about one and half months time. Redeem the rights, using the bonds in bodies, I would not recommend it - rather than human can get a prison sentence for bribery. He hired a lawyer, the client can trust the conduct of the case to him: trips to the traffic police of complaints, petitions, marches in the court ... Similar services are always different, you can hire a lawyer for 10 thousand rubles., But you can over 100 thousand - who as a contract. Since the offense case must be considered within two months. During this time, the court must decide either to terminate due to expiration of statute of limitations. If the court did not have time to consider it in due time, the charge is, roughly speaking, "removed". The reasons for delay could be as a one-track the traffic police, who promptly did not send the material, or the judges themselves. But this applies only to administrative cases, civil cases for damages may be considered any longer. Failure to appear in court - not the solution, the solution can endure without the presence of the perpetrator. One day I was approached by a man who did not attend the trial because he had a summons issued by a traffic police inspector, was listed as "wrong" date. Magistrate Judge deprived him of a driver's license, having considered the matter in his absence and saying that he was duly notified. In the appeal, we recorded a significant procedural violations in connection with which a higher court overturned the ruling on the case, then stopped for the lapse. Inspectors often make mistakes in the documents, so I repeat - always read that sign. Avto.ru: Motorists prefer to pay bribes in order not to run around the courts DP: In order not to wander to different courts, you can write a petition to hear a case on a residence, it will save travel time (for example, if you have committed an offense in other RF subjects). Even if the man insolently "divorce", it will still have to prove their innocence in court. Those who do not want to be bringing to administrative responsibility, or to communicate with the discharge procedure protocols (invoices, orders, etc) and prefer to "decide on the spot themselves contribute to corruption in government. The most interesting thing: after you have stopped by traffic police officers, you show him the documents, he watches them, then perhaps invite to the post to check on the car theft. Making sure that everything is in order, the documents returned to you and wish a happy journey. Both ends of approximately 75% of the contacts with the traffic police. So my advice to motorists - do not break and be polite to each other! After all, nobody is safe, that if you attempt to bribe him not caught by the arm. A conviction could affect his future life Text: Olga Zabelkina.
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