The lack of a signature of an employee of the National Traffic Inspectorate in the protocol drawn up by him for violation of traffic rules renders this document invalid. This conclusion was reached by the Supreme Court of the Russian Federation, taking into account the complaint of a motorist. The lower courts did not agree with the driver’s arguments, which prevented him from challenging the fine of 30 thousand rubles and disqualification from driving for 1.5 years.
“During the study of the file material, it was established that the protocol is based on an administrative violation <…> not signed by the official who drafted it, which is the basis for recognizing this protocol as inadmissible evidence”, according to the judgment of the Supreme Court.
Now the director, whose decision regarding administrative responsibility has lapsed, can get the fine paid back. Also, the driver can claim through the court reimbursement of the legal costs incurred by him, including payment for the services of a lawyer, if he has sought his assistance.
But with the fact that a person was considered a violator of traffic rules for more than a year and was deprived of his driver’s license, the motorist will have to come to terms.
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Source: Izvestia