Invalidity of a traffic violation protocol without an official signature, per Supreme Court ruling
The absence of the signature of a National Traffic Inspectorate employee on the traffic violation protocol renders the document invalid. This conclusion was issued by the Supreme Court of the Russian Federation after considering a motorist’s complaint. Lower courts had disagreed with the driver, which earlier blocked efforts to challenge a 30,000 ruble fine and a 1.5 year driving ban.
In the court’s assessment, during the review of the file materials it was clear that the protocol described an administrative violation but was not signed by the official who drafted it. This fact forms the basis for deeming the protocol inadmissible as evidence in proceedings.
As a result, the director whose administrative responsibility case was deemed resolved under the new ruling can obtain a refund of the paid fine. The motorist may also seek reimbursement of legal costs through the court, including the fees paid to counsel, provided such legal help was obtained. [Izvestia]
Nevertheless, for a person who was deemed to violate traffic rules for more than a year and who had a driver’s license revoked, acceptance of the decision may require an extended period of adjustment and negotiation with the authorities. The ruling underscores the importance of proper document authentication in traffic enforcement and the potential impact on long-term penalties.
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