How To Challenge A Protocol On An Administrative Offense

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How To Challenge A Protocol On An Administrative Offense
How To Challenge A Protocol On An Administrative Offense
Video: How To Challenge A Protocol On An Administrative Offense
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The current legislation does not provide for the possibility to challenge the protocol on an administrative offense if it is drawn up by a traffic police officer on the fact of violation of traffic rules. This is due to the fact that such a protocol is not a document that violates the rights of the person in respect of whom it was drawn up. But you can turn this document from proof of your guilt into paper, the legality of which can be questioned.

How to challenge a protocol on an administrative offense
How to challenge a protocol on an administrative offense

Instructions

Step 1

According to the rules of the APC and the Code of Civil Procedure, you can only appeal against acts, decisions and actions that violate your interests, unlawfully impose duties on you or create obstacles to the implementation of your activities. But the protocol on an administrative offense does not apply to this kind of documents, but is proof of your guilt. Therefore, your task is to make sure that as little evidence of your guilt as possible and more evidence of your innocence are included in the protocol when drafting.

Step 2

Do not go to the traffic police car to draw up the protocol. Give all the documents to the employee, dictating their composition into the phone or DVR recorder and indicating the time and date when the documents were collected. According to the APC, the protocol must be drawn up immediately. As a rule, if you refused to get into the traffic police car, the inspector is in no hurry, therefore, when you write your explanations, indicate that he deliberately delayed the process of drawing up the protocol and unlawfully restricted your right to operate and drive the vehicle. For an inspector, such actions are fraught with an administrative fine.

Step 3

Record all procedural violations committed by the inspector. They will become evidence of a violation of the law in bringing you to administrative responsibility and, as a consequence of this, your innocence. When the inspector comes up to you with the protocol, the recorder should be turned on. Ask him if he has completed the protocol to the end and if he is going to make additional entries in it. If you confirm that the document is fully completed, carefully read it for any procedural errors and violations.

Step 4

Make all changes and corrections, correct any errors found in filling out the protocol. The more there are, the better. Pay attention to the column where the witnesses of the violation are indicated. If the inspector did not do this, enter with your own hand in the protocol of the passengers of your car as such witnesses. According to the law, they are persons who are aware of the circumstances of the case and the references of the inspectors that these interested people are illegal. At the same time, check the data of witnesses, which the traffic police inspector entered into the protocol. When there are no witnesses, be sure to make a dash in this box to ensure that no data can be entered retroactively.

Step 5

Find in the protocol the column in which you must sign that your rights and obligations have been explained to you. As a rule, inspectors do not give such explanations. Please check this box "not explained". This fact alone is a weighty reason to then challenge the protocol on an administrative offense.

Step 6

Mark in the explanation: “Disagree. There was no violation”and sign the protocol. This ensures that the protocol is not then rewritten by the inspector and changes are not made to it that aggravate your guilt.

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