Correctly fill in the protocol

Recommendation:

If charged with the violation you do not agree, the act:

 - In the car traffic police for registration protocol, not to sit down.

You have no such obligation. The inspector will not collapse if the paper will carry a weight of 30 grams, from his car to yours. Move yourself into a patrol car DPS, you can not soften your punishment.

 - In drawing up the protocol name only his residence

all other questions saying "where the work?", "how many get?" answer so:

"I will give this information to the investigator only under interrogation protocol»

 - While the inspector fills protocol - make photo space "violations»

possible even on a mobile phone, if not with a camera. 4-6 shots from different angles

The inspector gave you a protocol for filling, then act:

1) Ask the Inspector - "Will they still make entries in the record?»

 - If "yes", then return the protocol inspector - let dopishet

2) If the inspector does not fill in the columns "witnesses" - boldly puts more Z

 - If the witnesses made, and you do not see them - they ask you to submit

 - If the witness made partner (s) Inspector - require the production of his business card. Compare with the data in the report. Upon refusal of your request - call the "02" and report a violation by the inspector.

3) In the column "Explanations of the person ..." is mandatory to record:

"In violation disagree. Traffic regulations are not violated. Requires the assistance of a lawyer.

Arrangement is not. " The rest is at your discretion, but only briefly.

If you have a DVR - is a huge plus. Then write:

"I have the video from the DVR motion»

4) Count "is attached to the minutes" do not touch

5) Under "protocol aware ..." record: "Rights are not explained»

this is the case, if the inspector is not explained verbally article 25.1 of the Administrative Code. Himself

decryption not ask. It is desirable that at this point in the recorder

not the end of the memory card, because you hear a lot of "interesting».

6) Count "report Please send ...»

filled in finding you in another city (area)

that you apply for transfer of documents from the place of residence APN

or vehicle registration (see Chapter 27, "You have violated traffic rules in another city»)

7) After you fill - up their own separate and put

in his pocket, to give the original inspector. After that silently endure the screams inspector.

8) No additions inspector DPS, after your painting.

Ostensibly it is necessary to appoint a time and place "parsing". Inspector - You yourself clearly

said that all filled. The place and time trial - report

I have a summons from the traffic police department.

9) Take your papers and leave. Next, send the complaint to the actions

IDPS, the prosecutor's office. Do not give the documents? - Call the "02" (112).

Clarification:

On your right and deliberate action in the preparation of the protocol depends, you will incur a penalty or not.

In the car DPS for processing protocol, not to sit down. You have no such obligation!

While DPS inspector, hard, cooks protocol does not waste time in vain. Photograph place APN. Later (by 2-3 good pictures), attach these photos to a complaint to the prosecutor, be sure to fill out the attached №28. In this case, it is not necessary "shy" inspector - it's about gathering evidence for further appeal and release you from liability. Feel free to take photographs.

The protocol should be drawn up immediately (st.28.5 the Administrative Code "Terms of the minutes of an administrative offense"), and if you are forced to wait, by an inspector is - an administrative offense (st.12.35 the Administrative Code "Illegal restriction of rights to drive a vehicle and its operation »).

If the inspector unreasonably delay the process of drawing up the protocol, you can politely ask him to draw up a report of your arrest, clearly indicating that the grounds for detention the inspector is not present. And to declare your intention to call "02»

Plenum of the sun from 24.03.05 to claim 13, "When considering cases of administrative offenses judge must proceed from right under article 1.5 of the Administrative Code - the presumption of innocence of the person against which the proceedings. The implementation of this principle is that the person brought to administrative responsibility, is not obliged to prove his innocence, the fault of an administrative offense is established by the judges, authorities, officials authorized to consider cases on administrative offenses. Of doubt as to the guilt of the person called to administrative liability, must be interpreted in favor of the person. " It is - in theory. In practice, the prosecutor in the administrative process is not, and it takes on the function being considered. Protocol - the main proof of your guilt (st.26.2 CAO). On how it will be made, depends largely on: you will incur a penalty or not. Inspector rights or not - it deep purple, because now his money income depends little, he entered legally or not.

The content of the administrative offense described in detail in Art. 28.2 of the Administrative Code. This protocol shall include the date and place of its preparation, position, name, name of the person who made the protocol, the identity of the offender, place and time of the commission of the offense and the existing administrative, legislative act providing for responsibility for the offense; names, addresses of witnesses and victims, if any.

Received protocol in hand need to read it carefully.

Any misspelled, inspector data - your further advantage. For example, the name (place of residence, the brand of car) are indicated with grammatical errors. These errors make doubt the facts set out IDPS. Remember that an inspector may at any time to snatch the protocol of your hands, hurry, etc. According to this, make it a rule to populate graphs in the report - sitting in his car.

Then see what you sign the note. Find a place where you sign for an explanation of your rights and responsibilities, this column is marked as "familiar with the protocol, the rights and obligations explained to me ...." It is not necessary to ask the inspector to do it, if the inspector is not explained to you (verbally) the rights and obligations provided for in Article 25.1 of the Administrative Code, instead of a signature write "Rights are not explained." This is a direct reference to the violation of procedural rules. Often, on the basis of these facts, the court does not take up the case. Option "read on the back" in this case does not apply. Do not you have to read them, it is they have to explain them to you! Rare inspector can do it.

In the explanations of the person should be sure to write "From the violation does not agree." Put this phrase gives you the right to article 1.5 of the Administrative Code "presumption of innocence" and Article 51 of the Constitution of the Russian Federation "No one is obliged to testify against himself ...". It is not important that a violation has occurred directly "in front of" the inspector. He is responsible to prove a legitimate method that the violation took place to be. Let bother for a salary from our taxes. Later, in a relaxed atmosphere, with a better quarterback, you understand, and whether the violation at all.

The second mandatory sentence of explanation: "I demand a lawyer».

Another common example of a violation of procedural rules. The inspector said to you that then invite a lawyer in court, but here and now it's completely unnecessary. Of course, the inspector can be understood, the presence of a competent legal counsel at the place of infringement means no proposals to "negotiate" and further headache for writing reports on request from the prosecution on the merits of your complaints. In this case, the inspector openly deceiving you. Article 25.5 of the Administrative Code "Defender and representative" gives the right to attend a lawyer. Unfortunately, the law does not regulate the waiting time of your counsel. If he had come, before you give the inspector signed the protocol, so good. If not, then in a complaint to the prosecutor then specify that in obtaining legal aid inspector you refused.

For example, you expect the arrival of the defense after 15 minutes. Then you can pull the slow filling of a protocol or conversation with the inspector about your disagreement with the violation. Require counsel should not be, if you agree with the violation, and writing the protocol and regulations mere formality, for such a procedure at the penalty of more than 100 rubles.

The third mandatory sentence of explanation: "arrangement is not" if one was not. And then later scheme may appear with the comment GAI that you refused to sign. If the scheme is established in a single copy, write: "In the copy of the scheme is denied." When the charge of leaving the oncoming, charting with your comments will be very useful documentary Annex to the Protocol.

As an example: the inspector has hidden a mile from the section of the road where overtaking is prohibited. Watching everything that happens in the army binoculars, which is not certified devices used in the performance of duty. And it is a violation of the order №185 of Internal Affairs, in particular, Article 46 "Use with traffic control hardware not provided by Personnel shall not be permitted»

Using binoculars is not listed in any instructions. Hence, it is evidence obtained in violation of the law. In preparing the plan, the inspector will have to specify where in the road offense has been committed. And also should indicate which at that time was the inspector. And the picture becomes clearer. Photo inspector with binoculars on his chest, strong arguments in a case in court. The scheme is one of the types of evidence of your guilt, and its absence is another violation of procedural rules inspector.

In addition to the protocol scheme can be applied and other documents. For example, the protocol sent by you to sign already filled completely, including the date of "debriefing" in the Department of administrative practices. Nobody forbids you to write a petition to postpone consideration. Enter in the protocol that comes with it the petition. It is unlikely that the inspector will think immediately write a determination that the petition is denied and will be able to observe its shape (st.29.12 CAO), and a big question whether he has the right to consider the petition. Does is his position? Verbal definition you're not satisfied, because it must be signed by the inspector (p.29.12 claim 3 of the Administrative Code).

Demand enter in the minutes of your passengers as witnesses. Article 25.6 of the Administrative Code states that "a witness in the case can serve any person who has any knowledge of the case." If the inspector refuses to enter them in the report, claiming that it is - the stakeholders, enter them in the report's own - in the column "Explanations of the person ...". Stakeholders on the Administrative Code can be understood, the experts, but not witnesses.

If the inspector is not made in the minutes of its witnesses put Z in these lines. Again, another plus in your favor. But be prepared to hear him grumbling about what to do this, you should not have. Do not worry - the punishment for it is not provided. This "mistake" only the inspector. But if the inspector filled out witnesses and their actual presence was not - ask them to show you. After denying it - fix this fact, in the "explanations of the person ...". But it is better to call "02».

When the inspector is "shell" of witnesses, he commits a criminal offense under Art. 292 of the Criminal Code, "Forgery". This article assumes responsibility for making official in the official documents of false information in the form of imprisonment for up to two years.

If the inspector, as a witness, the Protocol to his partner (or two) Be sure to read the data of the business card and verify the protocol. The catch here is this: the inspector fills the data long harvested them "witnesses", as you said, saying that this would be my buddy at work - and that's the way they are.

Do not tell stories in the minutes of stories like "I thought that I may," "did not observe because of the strong disorder", "quickly went, as a powerful machine." Present his views on the prosecution and the inspectors clearly, briefly and clearly. Do not write anything in the record dictation inspector DPS. If you doubt that it is necessary to write, it is better not write anything. Later, with the best quarterback to express their views on paper in the form of a complaint to the prosecutor and the traffic police.

Be sure to sign the protocol, the inspector did not enter into it too much, and then, without asking permission from the inspector, take your copy of the protocol.