The situation was explained on the basis of a case involving a motorist from Nizhny Novgorod. He managed to challenge the penalty for leaving the scene of an accident. The Court of Cassation overturned the decision on the fine and the case was referred for a new trial.
The reason for such a decision was the lack of only one signature of the fine in the protocol for an administrative violation. The column remained empty on the rights of the person against whom proceedings have been initiated.
Legal justification for such a decision Maria Spiridonova, member of the Russian Bar Association, gave an interview to Rossiyskaya Gazeta. She explained that the traffic police is obliged to inform the offender in detail about his rights. Including telling that a citizen has the right to inspect all materials of the case, present evidence, use legal assistance from a lawyer, and so on. And the signature in the protocol is proof that the law enforcement officer followed the instructions.
The expert also spoke about the rules that traffic police officers must adhere to when communicating with drivers. Even in the case of a violation, moralizing an employee in uniform is not allowed. All clarifications should be based solely on current legislation.
- “Driving” can be read in Viber.