Yandex Dzen.

How to deal with a conversation with a DPS officer - recommendations of lawyers
How to deal with a conversation with a DPS officer - recommendations of lawyers

If the traffic police inspector stopped you, how to lead a conversation with him, so as not to run into trouble, and he let you go without any complaints. Ask a professional lawyer, he will give a few tips from personal experience. At the end of the article, the lawyer will share recommendations that it is not necessary to do, when talking with a representative of the traffic police. You will find a cognitive video there.

I recommend: Issues of the traffic police inspector for which it is better not to answer

Subordination

If a policeman begins to contact you on "you" - this may be an elementary psychological admission. He thus wants to show his superiority over you.

This can be done in order to force you in the further conversation to "make up" problems that have arisen, give a bribe. Or simply provoke to any act on your part, the answer that will lead to a fine or "cash remuneration". If you initially take the dominant position in the conversation, then you can manipulate the interlocutor and send a conversation to the right channel.

You need to know that civil servants, employees of institutions under legislation, internal rules have no right to "poke". Therefore, this situation you must immediately stop. You can put a policeman on the form that it should contact you only on "you". Thus, you show your confidence, stopping some psychological tricks.

Much of happiness, such traffic police officers every day becomes smaller on the roads of our immense country. Increasingly come across polite "traffic cops" and all thanks to our efforts with you. Therefore, we put a finger up, share this material with friends, so that more drivers knew how to stop the lawlessness policeman on the roads.

Will turn to the online help

Feel free to use the Internet to protect your rights
Feel free to use the Internet to protect your rights

The traffic police officer stops you, says that he has broken some PDD. You answer:

"Secrets, now I will try to look at the Internet to refresh the norm of the norm of this article."

You may seem not natural. But it is completely normal. Since you will be offered to sign something, you are accused of something, it is completely normal that you ask the time to refresh the norm of the article by the traffic police, the COAP and give an intelligible answer.

How can I justify the police this desire? - You want to give a competent written explanation when it will constitute a protocol, and when it will be signed. Therefore, it is completely normal, if you take a smartphone, open the traffic rules, read the point that the traffic police person says.

This will show an employee that you know the law, quite confident. It is likely to appeal in court to appeal the ruling that he will now take out. The psychological factor will work, you in his eyes turn out of the victim in an equal one, according to the status with him, a person. He will talk to you differently.

Enter video prompted

In case of a conversation with the inspector, you need to lead video
In case of a conversation with the inspector, you need to lead video

You need to know that you have the right to keep video, if this is not prohibited by law in a particular case. If a policeman prohibits removing himself during a conversation, it should argue the ban on legislative acts.

Phrase: "I don't want me to be filmed" - Not suitable in this case. Yes, he has the right to protect his image in accordance with Article 152.1 of the Civil Code of the Russian Federation . He can appeal your behavior in court. But it will be later, but to prohibit video confixation without a legitimate explanation and confirmation of the fact of prohibition by relevant legislative acts - he has no right .

Detailed clarification of the possibility of videos-, photo-, audioffsation of a conversation with a police officer, read in this article .

In what cases is forbidden to shoot:

  • On the object object, if confirmed by the relevant documents.
  • If we are talking about the safety of the state mystery or the country's defense capability.

If a policeman without reason prohibits you to shoot, you can safely write a complaint, call the hotline of the police department. Report that an employee who stopped you violates the law.

Such behavior demonstrates your self-confidence and knowledge of legislation. In addition, the inspector at the camera will behave completely differently, to talk politely, do not try to "dilute" you for money, threaten, etc. The law and internal instructions will be obstructed.

What should not be done?

It is not recommended to behave defiantly. Be brazenly to shoot an employee, provoking it to the conflict. Often you can find similar videos in YouTube. Because, the representative of the law is also a person, he has emotions.

As a result, you can get frankly illegal behavior in your address. If you are not ready for this, you should not provoke a policeman for illegal actions.

Let's issue a protocol

To stop the "divorce" attempts, offer the inspector to immediately begin to design the protocol
To stop the "divorce" attempts, offer the inspector to immediately begin to design the protocol

This magic phrase can quickly Solve many difficulties in communicating with a traffic police officer . It seems not logical to bring their own responsibility. In fact, this phrase has a certain action.

If you wish to make a protocol, then this says to the inspector that bribes will not give. Therefore, in the future, he will try to act according to the instructions.

Also, this phrase will demonstrate to him that you are confident, you know the law and you have a lot of free time. He will understand that you not only know your rights, but also his duties.

This expression is useful if you are accused of drunk driving, although completely sober. Previously, it was a frequent phenomenon, as the staff of the traffic police "diluted" drivers for drunk driving. If you are sure that they did not drink - boldly agree to undergo a medical examination with the preparation of the protocol.

A policeman will see confidence in your eyes, will take it how much time he will lose with you, and does not want to mess around. It will lead to the hospital, expect results, it turns out that you are clean as a glass - it will not be profitable for him. Better, during this time, a few more will try to "fuck".

On the other hand, not all PCAP points entail penalties. Behind a slight offense relies warning. So, he will not be able to "knock down" with you.

Invite the boss

Invite the chief who stopped you the inspector, participate in conversation
Invite the chief who stopped you the inspector, participate in conversation

If you see that the police frankly violates the law, your rights, see psychological tricks, has the opportunity to cause his boss. You speak:

"I want to call your bosses."

Call the hotline, recognize the number of the head that has stopped you. If other employees arrive at the stop location, the situation will develop in the legal field, you will be stopped by illegal actions.

If you are not guilty of anything, it will help to avoid psychological pressing, the accusations that they did not violate. You will avail inadequate behavior of the traffic police officer. But it is necessary to do this only if you are sure that nothing is to blame, on the face of the obvious signs of "divorce" or violating your rights.

I need a lawyer

When signing the protocol, you must write that they disagree with the accusation and need to help a lawyer when considering the case. A simple right to defense can play a positive role. When considering the case, you ask for the assistance of a lawyer. In 90% of cases, your right is violated.

That is, a decree without legal assistance to the accused person is made. This decision will cancel any court if it was indicated in the protocol in explanations. If you refused to legal protection, Article 25.1 Administrative Code , paragraph 1 or Article 268 KoAAP Ukraine, in the "Explanation" field:

I do not agree with the decision of the decision, a lawyer was not invited when considering the case, "and the signature.

There are three ways to develop events. The first - a policeman will violate the law and will decide without the presence of a lawyer. The second - agrees with your right to defense and will continue to act in the legal field. The third one will refuse to draw up a protocol and release you.

Remember this phrase:

I, when signing the protocol, I will write that I do not agree with the offense and when considering the case I need the help of human rights defenders.

It is necessary to immediately announce, before drawing up the protocol. In the future, the policeman thinks, and is it worth spending time with you. If you are deprived of this right, then any decree in court will be canceled.

What should not be done when talking with an inspector

After stopping, the traffic police officer should not get out of the car and run to him. It will show him that you are to blame for something. Or it will come to the idea of ​​your inadequacy, or about aggression.

If he is sure that you are to blame for something, it will easily bring things to the end. You will immediately show him his superiority.

The best behavior will remain in the car. Wait when it comes to you. Quietly open the window, keep your hands on the steering wheel, behave calmly and confidently. Apparently, ask him: "I violated something"?

Do not talk to a policeman with aggression. You just call the response. It will not be possible to scare it, it is his work to meet with aggressive people, he is used to. He is ready for such behavior. Therefore, you never need to "climb into a bottle."

Never admit that you drank, even if it was 4 weeks ago. It will be like a red rag for a bull. He will send you a medical examination. You lose time. Secondly, not all alcoholic beverages are quickly weathered from the blood, the inspector knows it.

It is not known what the tests will be shown, you may use some kind of medical preparations that can give a positive result, as if you drank alcohol or used drugs. You can become without guilt to blame.

Output

Observing these simple recommendations, you can show in a conversation with the traffic police inspector that confident. To stop the simplest psychological tricks to lean you to something. Show that you know the law and in case of illegal actions will appeal them in court.

These techniques will not work if you are really to blame. Your violation is clearly fixed.

Put your finger up, if you think the material has become useful for you. Share them with friends, let's increase the culture of communication with the representatives of the law together.

It's no secret that a fairly large number of Russians weakly understand the aspects of the current legislation, and this makes it possible to violate the law to violate the law to violate the law, without complying with the rights and legitimate interests of Russians.

In the total mass of illegal actions of state bodies, most part occupy a violation of the legislation from the "valiant" traffic police officers. This will confirm you almost any driver.

How to act as a driver in the case when he has to communicate with the traffic police inspector?

Let's consider the most common cases, from the point of view of the rules for conducting proceedings, rules for the behavior of traffic police officers, as well as administrative regulations, which are guided by representatives of DPS.

You stop on the road

The issue of stopping the vehicle on the road is regulated by the order of the Ministry of Internal Affairs of Russia of August 23, 2017 No. 664 (Ed. Dated December 21, 2017). It clearly stipulates the grounds for which the DPS inspector has the right to stop the vehicle:

  1. Mounted visually or fixed using technical means. Sign of violations of safety requirements for road safety.
  2. The presence of data (orientation, information on duty, other outfits, road participants, visually recorded circumstances), indicating the driver's involvement, passengers to commit accidents, crime or administrative offense.
  3. The presence of data (orientation, information of operational reference and search records of internal affairs bodies, information of duty, other outfits, road participants) on the use of a vehicle in oppreal purposes or reason to believe that it is wanted.
  4. The need to survey the driver or passengers about the circumstances of the involvement of an accident, administrative offense, crime, eyewitnesses they were or are.
  5. The need to attract a road participant as a clear one.
  6. The need to use the vehicle.
  7. The need for temporary restriction or prohibition of vehicle movement.
  8. The need to ensure the safe and unimpeded travel of special-purpose cars.
  9. Providing assistance in an unhindered passage to the venue of emergency care cars, as well as vehicles of operational and other rescue services involved in the elimination of emergencies.
  10. The need to attract the driver and (or) passengers to assist other road users or police officers.
  11. On the basis of the leadership acts of the heads of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, heads of traffic police units of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level of measures to prevent road accidents and reduce the severity of their consequences in order to protect life, health and property citizens, protect their rights and legitimate interests, as well as the interests of society and the state.
  12. The threat of road safety, created by the malfunction or improper installation of technical means of the organization of the road, violation of the rules for the production of repair work on the road, natural disaster, production (technogenic) accident, fire and other extraordinary circumstances, leakage of hazardous substances.
  13. Check documents for the right to use and manage the vehicle, vehicle documents and transported goods.
  14. Check documents certifying the personality of the driver and passengers if there are data that gives reason to suspect them to commit or believing that they are wanted, or if there is a reason for initiating about these citizens of an administrative offense case, but if there are grounds for Their detention in cases provided for by federal law.

Those., From the foregoing, it can be understood that you can stop simply at the request of the DPS officer, because there is always the opportunity to bring a stop under one of the items of the Regulation.

In this regard, the phrase from the "instructions for the traffic police department of the traffic police" that the stopping of the vehicle in other cases, besides the listed, are regarded as a violation of official discipline, it sounds at least mockery.

Can you come up with a more exhaustive list of reasons? Personally, I am not.

What to do when the traffic police inspector stopped you

So, you stopped. After that, according to paragraph 89 of the above regulations:

Stopping the vehicle, the employee must come to the driver without a delay, to introduce themselves in accordance with the requirements of paragraph 45 of the Administrative Regulations, briefly report the reason for the stop, state the requirement for the transfer of documents necessary to verify or execute the offenses, when attracting a driver or a passenger as a witness or understood - clarify them with the rights and obligations provided for by the legislation of the Russian Federation.

If earlier when checking the documents it was possible not to transmit them to the handbook of the DPS, now paragraph 53 of the Regulations says:

With documents of citizens, when checking, it is necessary to contact neatly, do not make any marks in them in unforeseen places. If the document is transmitted together with money, securities, any objects, it is necessary to return the document to the citizen and offer the owner to submit a document without money, securities and subjects. Documents transmitted by road users for verification are made by employees without covers and without holding devices.

That is, there is not enough that you must pass it into the hands of the DPS employee, you must free it from all kinds of covers, chains, etc.

After checking the documents, it should not be run after the inspector for "communication" in the service car: the exit from the vehicle is the right, and not the duty of the driver.

  • In which cases, the DPS officer can offer the driver to leave the vehicle:
  • When the driver is drunk or his tired painful look;
  • for the purpose of inspection, inspections;
  • To check the numbers of components of auto and state leaders;
  • When the driver needs to assist other road users or law enforcement officers;
  • When it is necessary to eliminate the technical inconsistency of the TS laws and rules;

If the behavior of the driver threatens the security of the traffic police itself.

Presumption of innocence

The most unpleasant moment for any driver is the compilation of an administrative protocol.

Here you should be aware of the presence of a small trick in administrative law. And often she plays the driver's hand. This is the presumption of innocence, in accordance with which, while the fault of anyone is not proven directly, it is considered innocent. This is stated in Article 49 of the Constitution of the Russian Federation.

Those, regardless of which violation the inspector is trying to immediately change the driver in guilt, it is obliged to provide direct evidence of driver guilt.

Self-inspectors of DPS demand from the driver to get out of the car and proceed to the patrol car to compile an administrative protocol. However, in accordance with the norms of Art. 27.3 Administrative Code of the Russian Federation, such a requirement of an DPS officer is legally only in the case of a protocol on administrative detention. Such a protocol, as well as its content, the rules of registration, etc. Regulated Art. 27.4 Administrative Code of the Russian Federation.

  1. When drawing up a protocol, it is necessary to understand the following points:
  2. The signature and explanation is not a duty, but the right of the driver. Therefore, read the protocol carefully, look for a place where the "Signature of the Violator" is indicated, cross the word "violators" and enter the word "driver". Thus, you refute the fact that you are an intruder.
  3. At the free place of the protocol, make the inscription "disagree". This is done in order to later when you appeal the illegal actions of the DPS officers, it was clear that from the very beginning they did not agree with the actions of the inspector.
  4. You must transfer a copy of the protocol compiled by the traffic police officer. At the same time, on the original that the inspector remains, do not forget to indicate: "require legal aid" (in accordance with the norm of Art. 25.5 of the Administrative Code of the Russian Federation). This will allow you to further appeal the decision on the protocol. Often, this note made it possible to cancel the decision of the traffic police inspector of the traffic police in court due to the violation of the procedural action regulations.

Be sure to place "Speech" in the "Witnesses" paragraph. Otherwise, then incomprehensible persons can be inscribed there, which were allegedly present in the preparation of the Protocol and confirm everything written by the DPS officer.

Over speed

When stopped by the DPS inspector for speeding, it will also be necessary to remember the presumption of innocence.

In particular, when granting photographic materials, DPS employees must prove that the speed indicator belongs to your vehicle, and the measurement is made directly before stopping. If this evidence is not provided, or the dupp earner is trying to show you some "hairdryer with numbers", then boldly dispute the protocol compiled by it.

Example from practice

I will give an example from your own practice. My client turned to me after the DPS officers were stopped under Kolpino, proving these printouts of questionable clarity from the speed control system. I advised him to write a statement about transferring consideration at the place of residence.

  • After reading the materials of the case, which came to court, I drew the attention of the judge to the fact that:
  • The pictures are almost impossible to identify the vehicle.

In the first picture, presented by the DPS staff, a group of three cars is visible, and the speed of 183 km / h is indicated. In the second shot, made, judging by the levels of the system, after 2 seconds, the same group of machines, with the same relative distances between them, but the speed is already 86 km / h.

After that, I petitioned the challenge to the court session of the traffic police officers in order to explain the latter, how these three vehicles managed to violate the fundamental laws of physics, reducing the speed of 97 km / h in 2 seconds.

After a minute pause, the judge asked only one question: "Will you appeal?". "Of course, your honor!". The case was solved in favor of my client.

Dirty license plates

In this case, the DPS inspector makes a claim that license plates are contaminated and unreadable, after which it is trying to draw up a protocol.

However, after a reminder that according to GOST 50577-93, it is forbidden to manage the vehicle, the signs of which are not read in the dark, being illuminated by the inspector lantern from a distance of 20 meters, and the proposals to create the appropriate conditions, the inspector, as a rule, simply offers to wipe the number of cloth And continue to move.

The arguments ended

The last complaint when the DPS inspector ended the arguments, and finfing horror as a hunt, is the "huge belt".

However, in this case, the next argument is well triggered: "You can not control the vehicle without fastened belts while driving, and I, like a driver, took the belts literally just that you came to me." The fact is that to prove the opposite, if only the inspector does not present photo-video materials, where the unused belt is visible in detail during the movement (which is unlikely to succeed) will be very problematic. Especially if as a witness you offer your passenger

1

Good luck on the roads!

Informed - it means armed. The driver should know not only the rules of the road, but also their civil rights and the responsibility of the traffic police officers, existing regulatory legal acts, that is, should have a certain legal culture

Part 1. Stop "on demand" is informed - it means armed. The driver should know not only the rules of the road, but also its civil rights, the rights and responsibility of the traffic police officers, existing regulatory legal acts, that is, to possess a certain legal culture. Without this, the motorist risks to become a dairy cow for fraudsters, bribes and unfair employees of the traffic police.

Axioms of communication with a traffic cop (part of the first) without having to stop! Stopping the car at the request of the traffic police official - this is a legal act that the Dialog of the Inspector is usually begins and which may have serious consequences for both parties.

The TC stop and its causes are governed by the regulatory documents of the Ministry of Internal Affairs: Order of the Ministry of Internal Affairs of the Russian Federation No. 329 of 01.06.98 and insertion of the traffic police department of the Ministry of Internal Affairs, approved by the Order of the Ministry of Internal Affairs No. 297 of 20.04.99 (hereinafter referred to as the DPS). The grounds for stopping the vehicle are registered in paragraph 13.7 of the instrument of DPS and paragraph 2 of the Order No. 329. I advise readers to remember the names of the documents and below the mentioned items marked with bold fonts, because Mentioning them in conversations with traffic cops demonstrates your legal literacy.

It is forbidden to stop the vehicle without the need (paragraph 13.7 of the instrument of DPS). Although any check can be motivated by finding a stubborn machine or conducting a special operation. But in any case, when contacting you, the DPS officer should be called its position, the title, surname and report the reason for the stopping of your TC (paragraph 18.2 of the DPS instruction). If the DPS inspector did not introduce himself in shape and did not explain why he stopped your car, its actions can be regarded as a violation of official discipline (paragraph 2 of Order No. 329). The legality of such actions can be challenged in court.

Present documents! Verification of documents, according to paragraph 13.7 of the instrument of DPS, allowed to produce in stationary posts. The car with the coloring and inscription of the traffic police DPS on the side of the road is neither a stationary post, nor a warning post of militia, nor checkpoint. Thus, the most common situation when the TC stops simply on the side of the road to check the documents (and these are the favorite places of DPS inspectors on the street. Mukhin, before crossing the Zeysky, on the Ignatiev highway, near the NII, Novotroitsky highway and many others) is a violation legislation on the part of employees of the traffic police.

At the very beginning of the conversation, the DPS inspector usually pronounces the standard phrase: "Sergeant DPS of the regional traffic police such, present documents." Such a requirement cannot be considered as an explanation of the reasons for the stop. And in order to prevent the development of the situation in the illegal bed, it is best to ask the inspector a direct question about the reasons for stopping, which is obliged to give an answer on the basis of paragraph 18.2 of the DPS instruction.

Confection in mind that the DPS inspector may try to justify the legality of the stop, presenting you an accusation of administrative offense. Usually in such a situation, claims for safety belts are presented. But even if you drove with non-dismadged belts, such a development says that the inspector did not see this at the time of stop. So, stopping you, he committed an offense in the form of self-government, the responsibility for which is provided for by Article 19.1 of the Administrative Code of the Russian Federation. That is, the evidence of your guilt was obtained by an inspector with violations of the law, and their use is unacceptable in accordance with Part 3 of Article 26.2 of the Code of Administrative Code.

When communicating with the DPS inspector, you can state that during the movement you were fastened with belts and the requirements of the traffic rules did not violate. In addition, the stop of the TC inspector explained by checking documents, and not by non-ridden belts. You can also indicate the illegality of the stop by this phrase: "Check documents, according to paragraph 13.7 of the instrument of DPS, can be carried out only at a stationary post. The side of the road is not such a post. Explain on what basis you allow you to violate the law and my rights - by order of the Ministry of Internal Affairs No. 329 it qualifies as a violation of your service discipline. " Next, the DPS inspector either wishes you a happy path, or try to go to the offensive to "justify" your actions.

Communication axioms with traffic cop (part of the first)

Some traffic cops are trying to get out of the situation, stating that they allegedly called the cause of the stop. In such cases, I recommend the entire dialogue with the inspector to record on the voice recorder or on a mobile phone equipped with a voice recording function. The presence of such a record when appealing the actions of the traffic cop will accurately establish that the DPS inspector violated your rights.

Before recording, it is recommended to pronounce the current date and time, as well as the place of events. If you record in the presence of witnesses, for example, your passengers, it will only add you points.

Part 2. Avoid conflict results of the meeting with the traffic police inspector depends on the behavior of the driver itself - its ability to withstand the neutral tone of the conversation. And to avoid conflict, it is not necessary to be a subtle psychologist - it is enough to remember that the inspector is also a person. The tranquility of the driver, especially if it is supported by a certain erudition, can become a good way of self-defense.

Everything your place and time of the DPS imposes restrictions on places where the vehicle is prohibited. This is usually part of roads with limited visibility before and after turning, in front of crossroads, transitions, in the railway crossing zone and in other dangerous places. For some reason, in violation of these requirements, the DPS inspectors often stop motorists in places of closed turns.

You can safely question the legality of your stop in such places. Even if you committed a violation, the actions of the DPS inspector who stopped you will also be a violation of the law. And, as you know, a person who has committed a violation cannot be held accountable if the procedures established by law are violated.

In addition, the stopping of vehicles should be carried out at the lowest time (paragraph 13.8 of the instrument of DPS). If the DPS inspector begins due to your perseverance to abuse his official position - for example, "compose" the protocol of whole half an hour, and even more, indicate it that, in accordance with Article 28.5 of the Administrative Code of the Russian Federation, the administrative offense protocol must be compiled Immediately after detection of an offense. And if you consider that when filling out the protocol, the inspector should write no more than 20-30 words (for which you need two or three minutes), then the two-time procedure for designing the document is also illegal.

The human factor in the case of the occurrence of the conflict Employee DPS is not entitled, guided by personal feelings to road users, to change in the direction of tightening the announced mode of administrative impact for the perfect offense. Nevertheless, if you stopped for violation of traffic rules, keep in mind that the choice of impact measures (fine or warning, the size of a fine) will largely depend on how you behave.

The driver's relationship with the traffic police inspector is largely dependent on the driver's skill to understand the psychology of the inspector (after all, in the post it remains a person - with a certain set of personal characteristics that may be uncomplicated or indifferent, and sometimes unpleasant) and in accordance with this correctly build their own Line behavior.

On the other hand, your behavior can also cause a certain reaction at the inspector: with, respectful, neutral, negative or sharply negative.

In any case, during communication, be polite. Do not start a conversation with negative phrases. Under no circumstances go to personality. Therefore, from the first contacts, try to find or create a confidence atmosphere, in the extreme case neutral.

According to the mind, we obviously violated traffic rules and understand it perfectly, it is stupid to deny her guilt. In this case, it is better to apologize and incur deserved punishment. Of course, it is possible to "bargain", point out the reasons because of which you allowed a violation.

When the violation is insignificantly or non-obviously, that is, it was done forced (for example, travel to the yellow traffic light when leaving the intersection), and the punishment threatens incommensurable, apparently, it is advisable to try to convince the inspector in excessive charges. As you know, the Code of Code of the Russian Federation sets the range (plug) of the fine, and its value depends on the will of the inspector. Hence the opportunity for "bargaining".

But in order to argue to the inspector, it is necessary to know the traffic rules, the laws of the Russian Federation, the orders of the Ministry of Internal Affairs of the Russian Federation, that is, regulatory legal acts regulating traffic. It is necessary to show your knowledge and erudition to be tactfully, not a humiliating person, not hurting his pride and pride. To persuade the rules of the road and the Code of Administrative Offenses - they do not occupy a lot of space, and the benefits can bring great.

Often, inspectors themselves do not know the traffic rules too well, so your awareness can convince them, and they will prefer not to contact the erudite.

If the "peaceful" negotiations did not help, hint that it will definitely appeal the actions of the inspector in the legal direction. But only without unnecessary threats to the inspector, since it will not lead to anything good. Do everything within the law.

3

Remember that in the event of conflict situations, claims, at the request of the road participants, the inspector is obliged to inform the number of its breastplate and present, without releasing from the hands, a service certificate, as well as clarify the right and procedure for appealing its actions (paragraph 18.9 of the DPS instructions). Also, in accordance with the Law of the Russian Federation "On Militia" and the Rules of Road (clause 2.4), persons with the right to check the documents from the driver of the TC documents are obliged to present a service certificate at the request of the driver and allow the driver to rewrite the necessary details from it (despite the presence of a breastplate ).

Part 3. Tet-a-Tet with the inspector serve, which stops the DPS inspector, has the right to remain in the car. And the driver's administrative detention is permitted no more than three hours.

The law of good welcome to exit the car from the driver only in the cases listed in the instrument of DPS (paragraph 18.4), namely:

- to inspect the car to check the conformity of the engine numbers and the body records in the vehicle vehocport; - to inspect the driver, if there is reason to believe that it is drunk, or if the driver or passengers are suspected of committing a crime or are involved in an accident; - to participate the driver in Creating documents or assistance to other road users; - to eliminate the technical malfunction of the car. However, so that it is more convenient to talk, the driver can go to the inspector on his own initiative. But never seed to it on semi-bent and with outstretched trembling hands, in which documents convulsively compressed. If you even stopped for violation of traffic rules, have a sense of measure. In general, if you do not ask you, you can not go out, but to give documents through the window and calmly wait for the decision of the inspector.

If you lovely explain the cause of the stop or she is clearly contrived, or you alerted something else, ask for a traffic office for a service certificate and rewrite its data and the number of the breastplate to himself in a notebook. It can warn one possible illegal actions from the track of the inspector.

When communicating with the DPS inspector, you can state that during the movement you were fastened with belts and the requirements of the traffic rules did not violate. In addition, the stop of the TC inspector explained by checking documents, and not by non-ridden belts. You can also indicate the illegality of the stop by this phrase: "Check documents, according to paragraph 13.7 of the instrument of DPS, can be carried out only at a stationary post. The side of the road is not such a post. Explain on what basis you allow you to violate the law and my rights - by order of the Ministry of Internal Affairs No. 329 it qualifies as a violation of your service discipline. " Next, the DPS inspector either wishes you a happy path, or try to go to the offensive to "justify" your actions.

Dangerous "proximity"

5

DPS inspectors often invite the driver to sit in their service car - allegedly to discuss the fact of traffic violations and for drawing up a protocol, and sometimes without any explanation of the reasons. In the patrol car, they continue or start a conversation with the driver about the violation committed by him and the punishment provided for this or find out: you drank or did not drink on the eve of alcohol. At the same time, it is often checking the motorist to give a bribe.

There are cases when, provoking the driver to give a bribe, policemen with video and audio equipment recorded this fact, afterwards the court sentenced such drivers to quite real terms, no matter how paradoxically sounded it.

But more often the DPS officers provoke drivers to give money with a banal goal - receiving a bribe that in most cases meets the interests of both parties. In such cases, the rate for the allowed violation is usually reduced by half, and the money, bypassing the long circuit of the listings, immediately fall into the pocket of the guarage of the order.

In these situations, everyone behaves as much as its upbringing, conscience, character and life position, as well as the creature of the offense committed by them.

However, the driver should know the following:

- He can abandon the invitation to sit in the service car inspector - his law does not oblige him; - Cash in the form of payment of a fine DPS inspectors from the driver takes no right - this can be qualified as a bribe; - the maximum amount of the fine on which they can write The decree-receipt on the imposition of the recovery on the site of the traffic violations cannot exceed 100 rubles. And the drivers and DPS officers should know and honor the Criminal Code, which provides for criminal liability for receiving and give a bribe. And the dates there are large.

So, your right, and not the obligation to transplane the patrol car or follow the police department. This will be the responsibility from the moment when the police officer announces your detention and will draw up a detention protocol in accordance with Article 27.4 of the Administrative Code of the Russian Federation.

The basis for your detention can be any administrative offense. The purpose of administrative detention as measures to ensure the proceedings in the case of an administrative offense is to establish the personality of the offender, drawing up a protocol on an administrative offense, when its compilation is mandatory, but on the spot it is impossible to draw up the protocol. According to Article 27.5 of the Administrative Code, the Administrative Detention period cannot exceed three hours.

If the DPS inspector will make unlawful action in relation to you, then the Council is this: Make calls to the duty unit of the Department of Internal Affairs and managing the own security of the police, in which they say that the inspectors on the road commit self-government and extort a bribe, and you can also require an inspector to call in place The conflict of his boss is a higher officer.

Meeting with the traffic police inspector can deliver many inconvenience to drivers, even if they did not violate the rules. In a conversation with a correspondent AutoNews.ru, several policemen explained anonymously, as not to cause unnecessary suspicions, they told, which should not speak, and even revealed several tricks. If you follow their advice, communication with the police will not take more than 40 seconds. If you, of course, are not a malicious violator.

Tip №1: Communicate politely, but briefly

"The reasons for stopping the motorist at the inspectors are two: he sees that the driver violated traffic rules, or special equipment is carried out. For example, a "drunk driver", "interception" and others. If we stopped the driver for checking and see that he did not violate the traffic rules, fastened, politely provided documents, the whole procedure will take only a few seconds, "the traffic police inspector told.

According to him, the driver must answer calmly - otherwise suspicions will arise. "There are such people who love to sneak or immediately begin to speak with inspectors on" you ", as if we are friends or old friends. In response to the phrase "Here, Keep", a complete check of the driver's history of the driver may follow on the subject of unpaid fines - who has managed in life, can behave in the same way on the road, "the policeman explained.

Photo: RBC

He clarified that after visual inspection, the traffic police inspectors usually look at how a person behaves, as answering questions. He must say confident without thinking. If a person is lying, he will pick up words, think what the answer will be better, they begin to run their eyes, he will go through the documents.

"Some on the simple question about the presence of insurance can begin to tell the whole stories - this is superfluous. If you have nothing to hide, you need to say briefly and in the case, "the police counted.

Tip # 2: Do not joke about alcohol

According to him, the driver must answer calmly - otherwise suspicions will arise. "There are such people who love to sneak or immediately begin to speak with inspectors on" you ", as if we are friends or old friends. In response to the phrase "Here, Keep", a complete check of the driver's history of the driver may follow on the subject of unpaid fines - who has managed in life, can behave in the same way on the road, "the policeman explained.

"Responding to questions, joke about drugs, alcohol, that you transport the corpses in the trunk, not worth it. The traffic police officer needs to do its work, and in this way you spend his time, "explained another inspector. - Those who with a sense of humor are not very, can just start checking your allegations. After all, if you are aware, even a joke that drunk, it is quite a real reason for checking. You can also ask you to pour into the tube, and perhaps they will even offer to drive to medical examination - who knows where you are so cheerful. After all, everyone understands that in addition to alcohol there are also drugs. "

Tip # 3: Do not leave the car

"Some drivers to like the inspector, begin to leave cars," says the policeman. - But this is not necessary: ​​violation of simple security rules. The driver can open the door, the inspector will have to move away, and can pass by some inexperienced driver - it's not worth standing on the roadway. Stay where the policeman indicated you, lower the glass and communicate like this. If the documents found themselves in the bag in the trunk, tell me before you begin to open the door so as not to cause extra suspicions and thoughts about what you want to hide. There is another extreme - to communicate through a click in the window. This, firstly, is impolite, and secondly, the inspector may think that so you hide the smell of alcohol. So, this is an extra reason for checking. "

Tip №4: Remove the police on the video, but do not unlous them

Inspectors say that sometimes drivers who really violated something are trying to bring them to a conflict situation, provoke into rudeness, to then remove the video about this. But now, as they say, it is already difficult to scare any shooting.

According to him, the driver must answer calmly - otherwise suspicions will arise. "There are such people who love to sneak or immediately begin to speak with inspectors on" you ", as if we are friends or old friends. In response to the phrase "Here, Keep", a complete check of the driver's history of the driver may follow on the subject of unpaid fines - who has managed in life, can behave in the same way on the road, "the policeman explained.

"People try to harm themselves, think if you get a phone and start shooting what is happening, the traffic police officers will not want to communicate and immediately let go. But such behavior no one is shocking - such cases thousands. Of course, when you first meet such an "operator" - you are lost. Especially young inspectors, it becomes uncomfortable, they begin to be confused in articles. But over time, the right skills are produced. Because when there really is a violation of the law, it is better to immediately write down, but intentionally annoy the inspector such behavior is not worth it, "the policeman explained.

Advice councils:

№1: Smile

Lawyer Alexander Lehmann in a conversation with Autonews.ru recommends that all drivers be with the inspections benevolent and not provoke them to conflict. "Be extremely correct," expert advised. - Inspector is not only an official, but also a person who can also have stressful situations. If you are asked provoking questions, and whether you died, and something you are tired, and if you did not use potent medicines, do not join this game, answer briefly and clear that there is no. If your sobriety caused doubt, agree to pass all the procedures, but only the official way. Do not blow the inspector into the nose, a cap or palm - ask for everything to arrange and conduct medical examination by law. "

№2: do not bargain

Lehmann advises once again not to ask for inspectors about the occasion for checking: firstly, they will always be found, and secondly, questions can cause extra irritation.

"The traffic police inspectors are obliged to catch violators. If they won't make selective checks, how else to calculate unscrupulous drivers? They do their job. They do the same when they ask questions with trick: and something you have red eyes, and whether you are drunk, and when the last time drank. This is done in order to consider information from drivers. As in the case of a lie detector. If the driver knows that he is drunk or that he has the remains of alcohol in the blood after a rapid night, he will react. The eye will jerk, the arms zadorzhat will appear in view - the inspectors will notice. Therefore, it is better without unnecessary stocking, politely, with a restrained smile briefly reply that you are fine. But if you are asked without understandable to open the trunk or unscrew your pockets - there is already a reason for polite failure. Tell me, what we agree to these procedures, but only if all appropriate measures are fulfilled: a video will be carried out or a protocol will be brought up and compiled. "

Photo: Sergey Kovalev / Global Look Press

№3: Stand on your if your rights violate

If the driver it seems that his rights violate, the lawyer also advises not to develop a conflict situation, but politely explain the consequences of unlawful actions of the inspector.

Добавить комментарий