– The traffic police inspector tries to measure his pulse, climbs to touch the heart, asks him to get out of the car and walk in a straight line, asks him to do breathing exercises and repeatedly breathes into the breathalyzer. Does he have the right to do this?
– If he wants to breathe into the breathalyzer – this is called an alcohol poisoning examination. And this is the only thing that the inspector has the right to ask the driver, and only after drawing up a protocol (a copy of which is given to the driver) to drive the driver out of control and presenting the documents for the meter: a certificate of conformity with the measurement requirements and a certificate of verification. The device itself, after “cleaning”, gives a printout with the results, similar to a store receipt.
The fact is that not all traffic police officers have such “legitimate” breathalyzers, but, as a rule, only the battalion commander or his deputies. If you shoot the battalion commander every time, of course, the inspector will not be praised for this, so the investigators try to use some kind of primitive breathalyzer, the results of which for various reasons cannot be considered objectively.
Walk in a straight line, sing, dance – all this has nothing to do with the powers of the inspector. In addition, if it seems that the driver has signs of drug intoxication, he does not have the right to conduct an additional examination, he is obliged to send the driver to the appropriate medical institution for medical examination. And already there, a citizen can be offered to donate blood or urine for analysis.
– Can a traffic police patrol now stop a car on a deserted highway at night?
– Traffic police have the right to stop the driver where they see fit. If the driver does not agree with the alleged crime, this should be written in the protocol in the “signature of the violator” field – what exactly he does not agree with. Having a video recorder is recommended, as our courts usually suffice for a guilty verdict from protocol and investigative report if nothing more convincing.
– Now the police will be able to open cars without the presence of the owner, and who will pay for the repair of a broken lock, broken glass or missing items. What to do in this situation?
The law “About the Police” clearly states that the ministry does not compensate for the damage done by the police in the performance of their duties. Therefore, if such situations arise, it will most likely be difficult to compensate for the damage.
However, if something is missing, then this is ordinary theft, and here you need to write a statement about theft of things. Another thing is, it’s hard to believe that the police will find out what the police steal.
– What malfunctions or adjustment elements can a traffic policeman visually detect and issue a elimination order for it?
– The traffic police do not detect a malfunction or adjustment, but a crime consisting in driving a malfunctioning car in which the operation is prohibited. Their list is quite extensive, appended to the traffic rules, but you need to understand that special instruments and knowledge are required to detect most malfunctions.
When an inspector says, in his opinion, something has changed in the car or something similar, that is not a reliable assessment. For example, aside from simple things like idle windshield brushes or faulty headlights and dimensions, most breakdowns, including serious ones, require specialized equipment.
The car can be evacuated to the place of detention only in three cases: failure of the braking system, steering or traction coupling device as part of a road train.
Inspectors want to start the car and see if the ABS light is on. The nuance is that an illuminated anti-lock brake system light is considered by inspectors as a malfunction of the brake system, any instructions for a car will say that the ABS light only indicates a problem with this function. At the same time, it is also stipulated that the in-vehicle braking system maintains its performance in such a situation.
– The traffic police say that a few kilometers ago I crossed and overtaken a straight line, can I ask for proof? And in general, traffic police officers can make allegations of a crime?
– The traffic police can report a crime anywhere, but if they keep a report and say that you committed a crime one kilometer ago, it should be stated in the protocol that there is no evidence of this.
Usually, traffic cops in such situations say: “But the neighboring patrols were handed over to me.” Then the inspector who found the violation should be questioned as a witness.
– What could be the protection for the driver in this situation?
– Protection can only be a DVR, it is also necessary to write in the protocol that there is a record of the driver. Even the testimony of a witness may not be accepted by the court, because a driver’s friends, as a rule, are relatives or friends. They may be perceived by the court as persons concerned.
The statement of the inspector is an object that is considered a priori in the Russian judicial system. It is assumed that the traffic cops have no reason to slander the driver.
– Is it possible to shoot a traffic cop on a smartphone camera, what to do if he forbids it?
– There are no restrictions on filming inspectors, the exception is they are guarding some government facilities. Yes, and then, as a rule, this is done by FSO employees. And if this is an ordinary inspector standing on an ordinary road, then no one has the right to forbid him from taking pictures, because he is in a public place and is engaged in maintaining public safety as a public official.
– Is it necessary to do this?
– I think it is necessary, because an impartial record can always be useful, because it is clear that the inspector, like his partners, always says everything in his favor. And if there is a video recording, it will be easier for a higher body or court to determine who is right.
– Can the traffic police inspector follow a cyclist and ask him for documents for the bike?
– Documents for a bicycle are usually not provided by law, except sales receipts, and of course a person does not have to have them with them.
True, if desired, a traffic policeman can track both a cyclist, and a pedestrian, and a scooter, because they are all road users. Another thing is that with a cyclist there is no penalty for missing documents. Even a drunk cyclist cannot be charged by a traffic police officer, except for certain violations of traffic rules, such as driving off in the presence of a bike lane.