It is no secret that many drivers are deprived of rights, without being really to blame. In such cases, a driver’s license can be returned to a higher court, taking advantage of procedural mistakes in the documents.
There is a fairly stable list of police methods by which employees are punched “lishencheskih” protocols, even if in reality the driver did not break anything. As a rule, the first instance judge “not see” traces of this kind of tricks in the materials of business and deprive drivers of their/almost in automatic mode. But to defend the truth to a higher court. There are a few types of procedural violations by employees of traffic police and physicians conducting the medical examination that qualified judges is calculated once or twice and return drivers selected crust.
For example, if we are talking about deprivation in the oncoming lane, the driver sometimes gets my hands on a copy of the Protocol with the same data, and the matter, the police filed another Protocol. This is unacceptable. And even if the courts, up to regional — this will ignore the Supreme court the rights of the motorist will restore. A similar fate awaits “lishencheskih” administrative case when the employee of traffic police “forget” to conduct the medical examination of the driver on the spot and immediately send it to the “blow-in” to the clinic.
If in the preparation of the cops Protocol has been changed without the knowledge of the motorist, the armed forces deem the driver deprivation of the rights is illegal. Sometimes (though rarely) that in the preparation of the Protocol are missing and witnesses, and video. Such documents in court also considered invalid.
We note that in the medical examination for alcohol in the hospital also happen voluntary and involuntary human error, which later lead to illegal driving. It will subsequently be considered illegal, if, for example, the doctor held only a single sample of exhaled air. Or in the act indicates the concentration of alcohol in only one breath, not two. It is also worth remembering that if at least one of the measurements of the concentration of alcohol in a breath sample is below or equal to permissible error of 0.16 mg/l, then the driver is sober! And judges must know about it. As what carry out the two studies of air of different devices is unacceptable. As well as to examine alcohol several hours after the alleged offence.
Errors in the design of physician act go to plus deprived of rights. This paper is invalid if, when a breathalyzer indicated in ppm, not mg/l Or in the act there is no data about the date of calibration of the breathalyzer and the training of the doctor in the field of medical examination.
The experience of many motorists, illegally deprived of their rights, shows that in most cases the local courts, from global to regional appeals — turn a blind eye to the above “little things” and turn the driver to the pedestrian. However, the Supreme court Collegium on administrative cases, as a rule, restores the rule of law.
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