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Date: 6 months ago   Category: Auto/Moto

In what cases won't violation of traffic regulations be proved?


As Rossiyskaya Gazeta writes, non-compliance with traffic regulations won't be taken for granted if the exact time and the place isn't determined. The Supreme Court has come to such conclusion, dealing with very tangled business of the Photo: Traffic offense won't be taken by AGN "Moscow" for granted if the exact time and the place of his commission isn't determined. I have pointed the Supreme Court of the Russian Federation to it, dealing with very tangled business, Rossiyskaya Gazeta writes. The driver was made responsible for the parking at the crosswalk. The inspector of traffic police has issued the resolution, has imposed a fine of 3 thousand rubles on the driver, and the car was evacuated. The motorist appealed against the resolution in court. Courts of different instances changed time and the place of commission of violation and left the complaint without satisfaction. The observer of "RG" Vladimir Barshev:vladimir Barshev the observer of Rossiyskaya Gazeta "Tells about a disputable situation the driver has come to the Supreme Court the Russian Federation which has specified that as any of vessels hasn't determined either time, or the place of commission of violation, and in the resolution it isn't specified even that the driver has specifically broken, this resolution isn't lawful. In the document it is specified that violation has happened at 11 hours 56 minutes to the address: Izmaylovskoye Highway, house 71. The city court changes the address for Izmaylovskoye Highway, house 71, the case 4G. But on the scheme of dislocation of road signs of such house doesn't exist. Inspectors in general claim that the car has been evacuated from Vernisazhnaya Street, but on the same scheme on this street of crosswalks doesn't exist. Also in the court of appeal time has been changed, violation is specified at 11 hours 35 minutes allegedly, at the same time there was a reference to the protocol on detention of the vehicle". Courts haven't established when and where there was a violation therefore the Supreme Court has satisfied the complaint, and the case was dismissed. Similar decisions are made not often, in each situation everything depends on what specifically violation is allowed, the autolawyer comments, the lawyer Sergey Radko: — At vessels is a stamp, sometimes they specify that the allowed violations both in submission of the protocol, and when considering the case, not always have essential character, and therefore aren't the basis for determination of proceedings. Besides, courts when there are some difficulties with understanding that it is specified in the protocol, sometimes cause and interview that person who has made the protocol, eliminating violations. It isn't absolutely correct therefore the court has to consider charge of that look in what it has been shown, but upon it is. — And it is how difficult to prove in such cases? — It isn't difficult to prove it. As for these offenses, there not so there are a lot of circumstances which need to be found out: place, time, article. If these violations can be eliminated, for example, the official who has made the protocol was and has shown that it was mistaken in date of drawing up the protocol, often courts write that these violations have been eliminated when considering the case or by consideration of complaints to the resolution therefore

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