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The resolution and Protocol. To insist on what when driving?

Shkolazhizni.ru :.: Article 19.09.2019 at 21:00

Shkolazhizni.ru :.: Article

Is Quite common situation when the violation of traffic regulations stopped the driver of a traffic police inspector invited him to sign the decree on administrative violation and pay a fine. Also not forget to comfort the dissent's argument that the violator may appeal the decision within 10 days. So, it is better to sign and pay, even if the driver does not agree? And what to do in this case? The decision and record In case of fixing the violations included two documents, which from a legal point of view, are fundamental differences — is the Protocol on violation and resolution. What is the difference between them? A Protocol is a document describing what happened. The actions of the superintendent — he captures what he saw. The actions of the driver did not agree with the prosecution in this case — to articulate their objections to argue his innocence or point to the violation of Protocol. All this can be recorded in the special column provided for this document. The resolution is notice of the punishment. That is, a DPS officer saw the violation, assessed the guilt of the driver and made the decision on punishment. Not considered here the incident or situation, the document establishes a ready solution. It can be legally challenged, but the difference is that in this case the driver will have to challenge the already taken decision to recover, which, among other things, his signature. Photo: Depositphotos legal Advice In this case, the lawyers unanimously advised in any case not to sign the decree and to insist on the preparation of the Protocol, where it is necessary to record their objections. Further, the Protocol is considered by an appropriate authority. This can be a court-based proceedings, the decision on punishment. Pitfalls and practice it would Seem that the conclusion is obvious. But why, then, quite often, drivers "podmahivat" resolution, not even trying to argue? In fact, there is a contradiction, which largely determines the actions of the driver, namely, the gradation of the fine, is bound to the terms of payment. So the amount will be minimal if the penalty is paid on the spot, will be 50% if paid within 20 days, then have to pay the full amount. On the other hand stands our clumsy with many flaws and failures of the judicial and bureaucratic system. Now imagine the situation that the driver, insisted on drawing up the Protocol and has not signed the decree, the court loses. Along with the full amount of the fine you have to pay, will have to fork out for court costs, and often, unfortunately, turns out that it is cheaper to pay the fine. A screenshot from the website of the public Services.ru besides, on the forums motorists often complain that the ruling — regardless, put on it a signature or not — logged traffic police and placed on the website of state Services, and there, accordingly, begins the countdown to pay the fine. In the end, I must admit that the situation in the field of driving on the road may be different. But in any case, motorists should choose the strategy of behavior, conscious of their rights and not to succumb to the tricks, appealing to legal illiteracy....

This article describe tags: traffic violations, the inspector, the inspector of traffic police, the Protocol, the Protocol, the resolution, the motorist, tricks