According to the current legislation, for a number of traffic violations – including driving while intoxicated or deprived of the right to drive – the penalty is in the form of administrative detention of up to 15 days, regardless of its existence or existence. absence of poisoning. However, in some cases, the possibility of arrest arises even for less serious violations.
In particular, regional units of the traffic police warn drivers about the possibility of arresting drivers of cars with color films. A fine of 500 rubles is imposed for this violation, but in practice, inspectors, together with a penalty slip, often ask the driver to eliminate such a violation.
If the film is not removed when it is stopped again, the driver may be held responsible according to another article.
“In case of non-fulfillment of the requirements and the repetition of this offense – non-fulfillment of the requirement to eliminate the coloring, employees of the State traffic inspectorate
19.3 of the Code of Administrative Offenses of the Russian Federation for non-compliance with the lawful request of a police officer. has the right to bring the driver to administrative responsibility in accordance with part 1 of article ”,
– warned Drivers on the official website of the traffic police department of the State Traffic Inspectorate of Primorsky Krai.
Saratov police in the spring reported Regarding the arrests of 22 drivers who did not remove the paint film from their cars, 10 of them were arrested.
As an alternative to detention under this article of the Code of Administrative Offenses, a fine of up to 4,000 rubles or forced labor up to 120 hours is provided. But lawyers say a number of important conditions must be considered if the police are trying to use such a scheme.
“Requesting to remove violations and punishing non-compliance is a ruse. Moreover, they write this to the driver, and the car may belong to the warehouse, to someone else.
In this case, a smart driver can say that the car is not his and has nothing to do with the coloring. ”
– notes in an interview with socialbites.ca, deputy head of the Drivers’ Movement of Russia, lawyer Leonid Olshansky.
According to him, this scheme is used by the police not only in the case of glass tinting, which does not meet the standards of light transmission, but also in other elements of car tuning.
The technical regulation “On the safety of wheeled vehicles” provides for documentation of changes in the design of vehicles, including the installation of winches, electric bumpers on all-terrain vehicles and other equipment not provided by the factory design of the vehicle.
“There is a possibility of administrative detention in such violations, but it is extremely doubtful in terms of legality. Unfortunately, here compliance takes precedence over legality,” Sergey Radko, lawyer of the Svoboda Vybor automobile movement, told socialbites.ca.
Penalty for violations such as driving without paint or OSAGO policy provides fines and believes additional requirements are not appropriate in such cases.
“Otherwise, it may come to the point where the inspector wishes the driver a good trip and says ‘do not violate’, and if the driver violates the traffic rules again, he calls the police for duty,” he said. Radko argues.
Arrested for failing to pay fine and leaving the scene of the accident
If the administrative fine is not paid on time, administrative arrest is also provided as a penalty. The Code of Administrative Offenses of the Russian Federation provides for 60 days for payment of the receipt of the penalty, after which the driver is discharged from Article 20.25 of the Code of Administrative Offenses. It also provides for administrative detention, as an alternative to double the fine.
But it should be noted that in case of delay in car fines, those issued not by an automatic video recording camera, but by the traffic police inspector who identified the driver, an arrest can be made, notes lawyer Sergei Radko.
“Police officers often intimidate drivers with several unpaid fines into detention.
However, it should be noted that if a fine is issued by an automatic camera, an arrest is not provided for its delay, ”says Radko.
In the event of leaving the scene of an accident, placement in a special detention center is also provided for by law, but such a measure is often prescribed by the court to those who constantly violate traffic rules, or, in the event of an accident, the Driver leaves, with serious consequences.
“The easiest way is to stay in detention for fifteen days if you didn’t stop at the request of the police and there was a chase, or if you were stripped of your license and still got behind the wheel. For non-removed coloring, such a penalty can be earned, as they say, “with a stretch,” lawyer Leonid Olshansky.