Article 12.15. Violation of the rules for the location of a vehicle on the carriageway, oncoming passing or overtaking
Information about changes:
Federal Law No. 77-FZ of April 20, 2014 supplemented Article 12.15 of this Code with part 1.1
1.1. Failure by the driver of a slow-moving vehicle, a vehicle transporting bulky cargo, or a vehicle moving at a speed not exceeding 30 kilometers per hour, outside settlements of the requirements of the Rules road traffic skip following vehicles for overtaking or advancing -
2. Driving on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules -
entails overlapping administrative fine in the amount of two thousand rubles.
3. Leaving, in violation of the Traffic Rules, into a lane intended for oncoming traffic, when avoiding an obstacle, or onto tram tracks in an opposite direction when avoiding an obstacle -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Departure, in violation of the Traffic Rules, into the lane intended for oncoming traffic, or on tram tracks of the opposite direction, except for the cases provided for by part 3 of this article, -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
5. Repeated commission of an administrative offense provided for by part 4 of this article -
shall entail the deprivation of the right to drive vehicles for a period of one year, and in the case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photographing and filming, video recording, or by means of photographing and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Good afternoon!
There will be a fine, but it's better to appear at the trial.
P O S T A N O V L E N I E
in the case of an administrative offense
Justice of the Peace judicial district №125 Mozhaisky judicial district of the Moscow region Belova E.The., Having considered the case file on an administrative offense, under Part 4 of Art. 12.15 of the Administrative Code of the Russian Federation in relation to Maxim Vladimirovich Krivodaev,<ДАТА2>birth, native<АДРЕС>, a citizen of the Russian Federation working<ОБЕЗЛИЧИНО>residing at:<АДРЕС>, previously involved in administrative responsibility according to chapter 12 of the Code of Administrative Offenses of the Russian Federation, -
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M.V. Krivodaev 08.24.2015 at 19 o'clock. 18 minutes 100 km. + 900 m. Mozhaisk highway, Mozhaisk district, Moscow region, driving a car "<ОБЕЗЛИЧИНО>»State. reg. sign<НОМЕР>, made an exit onto a lane intended for oncoming traffic, crossing a solid horizontal line of road markings 1.1 of Appendix No. 2 to the traffic rules of the Russian Federation, dividing traffic flows in opposite directions in order to overtake a passing vehicle, which violated paragraph 1.3 of the traffic rules of the Russian Federation.
Defender Krivodaeva M.V. by proxy Krivodaev A.The. at the hearing, he did not admit his client's guilt, showing that he had gone around a tractor with large-sized attachments, which was an obstacle for him, in connection with which the proceedings had to be terminated for lack of corpus delicti. photographic recording does not allow to unambiguously determine the circumstances of the case, and all irreparable doubts are interpreted in favor of the person in respect of whom the administrative offense proceedings are being conducted.
Witness Yarovov V.The. - the traffic police inspector, the official who drew up a protocol on an administrative offense at the hearing showed that Krivodaev M.The. overtaken a passing vehicle in violation of the requirements of road markings 1.1 of Appendix No. 2 to the traffic rules of the Russian Federation long before approaching the tractor, which was moving along the side of the road and was not an obstacle for him, the fact of the offense Yarovov V.The. saw personally, in addition, the offense was recorded by a device for photographing<ОБЕЗЛИЧИНО>, after which the photographs were printed and presented to the court.
After examining the case materials, hearing the participants in the process, evaluating the evidence collected in the case in aggregate according to the rules of Article 26.11 of the Administrative Offenses Code of the Russian Federation, the court concludes that M. Krivodaev is guilty. in the commission of an administrative offense under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, on the following grounds:
the guilt of the person in respect of whom the proceedings are underway in the case of an administrative offense is confirmed by: a protocol on an administrative offense, a copy of which Krivodaev M.The. received, with the circumstances set out in it he was acquainted, as evidenced by the corresponding signatures in the protocol, from which it follows that Krivodaev M.The. 08/24/2015 at 19 o'clock. 18 minutes 100 km. + 900 m. Mozhaisky highway, Mozhaisky district, Moscow region, driving a car "<ОБЕЗЛИЧИНО>»State. reg. sign<НОМЕР>, made an exit on the road lane intended for oncoming traffic in order to overtake with the intersection of a solid horizontal line of road markings 1.1 SDA RF, in his explanations Krivodaev M.V. indicated “I do not agree with the protocol, I didn’t drive into the oncoming lane”;
report-diagram of the place of committing an administrative offense, from which it follows that Krivodaev M.The. overtook a passing vehicle crossing the road marking line 1.1 of Appendix 2 to the traffic rules of the Russian Federation, thereby leaving on the side of the road intended for the opposite direction;
the dislocation of road markings and signs of the above section of the road;
photo-fixation of the offense, from the presented pictures it can be seen that the car is overtaking in violation of the road markings 1.1 of Appendix No. 2 to the traffic rules of the Russian Federation, not a tractor, but another passenger car;
driver card against Krivodaev M.The. in which recorded all the offenses committed Krivodaev M.The. for the last year,
The court has no grounds not to trust this evidence, the evidence has been verified by the court from the point of view of relevance, admissibility, reliability and sufficiency.
Administrative responsibility under Part 4 of Art. 12.15 of the Code Russian Federation on administrative offenses occurs for leaving, in violation of the Traffic Rules of the Russian Federation, on the lane intended for oncoming traffic, or on tram tracks in the opposite direction, with the exception of cases provided for in part 3 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation.
By virtue of clause 1.3 of the Traffic Rules of the Russian Federation, road users are required to know and comply with the requirements of the Rules, traffic signals, signs and markings related to them, as well as follow the orders of the traffic controllers acting within the limits of their rights and regulating traffic with established signals.
According to Appendix 2 to the Traffic Rules of the Russian Federation, horizontal road markings 1.1 separates traffic flows in opposite directions and denotes the boundaries of traffic lanes in dangerous places on the roads; denotes the boundaries of the carriageway to which entry is prohibited; denotes the boundaries of parking spaces for vehicles. It is prohibited to cross the marking line 1.1.
Thus, non-compliance with the requirements provided for by the Appendices of road signs and markings is a violation of the Traffic Rules of the Russian Federation, for the commission of which administrative liability is provided for under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation.
The driver, before starting overtaking, must make sure that the lane is free at a sufficient distance for overtaking, overtaking will not interfere with other road users and is not prohibited by the RF traffic rules in this place (clauses 11.1 RF traffic rules), which was not taken into account M.V. Krivodayev
Considering the above, as well as the fact that the bodies of administrative jurisdiction misconduct committed by the person in respect of whom the proceedings are being conducted in the case of an administrative offense, are correctly qualified under Article 12.15 Part 4 of the Administrative Offenses Code of the Russian Federation, the court considers his guilt in this administrative offense proved to be proven.
The argument of the defender M.V. Krivodaev that the exit into the oncoming traffic lane was forced, as Krivodaev M.The. went around the obstacle in the form of a tractor on the side of the road, does not correspond to reality and is refuted both by the testimony of the witness V.V. responsibility for what you have done. The reasons not to trust the testimony of the witness Yarovoy The.The. - the court does not have an official who is in the performance of his official duties; on the part of the witness, the court has not established.
Thus, the considered argument Krivodaeva M.The. nothing objectively confirmed, and the evidence obtained in the present case allows us to make an unambiguous conclusion that carried out Krivodaev M.The. overtaking with an exit to the lane intended for oncoming traffic was not due to the detour of the obstacle.
When determining the punishment, the court takes into account the nature and circumstances of the person committed by the person in respect of whom the proceedings are underway in the case of an administrative offense, the act, the absence of aggravating and mitigating circumstances, data on the identity of the perpetrator, namely: the presence of constant earnings, therefore the court considers that with the alternative of punishments for committing an offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, it is necessary to impose a punishment in the form of an administrative fine, since this type of punishment is most consistent with the purposes of punishment.
Based on the foregoing, guided by Article 4.1, 12.15 Part 4 29.9-29.11 of the Administrative Offenses Code of the Russian Federation, the magistrate,
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Recognize Maksim Vladimirovich Krivodayev guilty of an administrative offense under Article 12.15 Part 4 of the Administrative Offenses Code of the Russian Federation and, in accordance with Article 3.5 of the Administrative Offenses Code of the Russian Federation, impose a penalty on him in the form of a fine of 5,000 (five thousand) rubles.
The administrative fine must be paid within 60 days from the date of entry into force of the resolution to the bank or other credit organization to the account: UFK for the Moscow region (UGIBDD GU of the Ministry of Internal Affairs of Russia for the Moscow region) Branch No. 1 Moscow, TIN 7703037039, OKTMO code 46 649 000, account 40101810600000010102, l / s 04481А83650, BIK 044583001, KBK 18811630020016000140, KPP 770 245 001, UIN 18810450156150023646. A copy of the order should be sent to the 15th company of traffic police of the 1st regiment of traffic police of the Northern Ministry of Defense this regulation.
A complaint against a ruling in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the ruling in the Mozhaisk City Court of the Moscow Region through the magistrate who issued this ruling.
Justice of the Peace E.V. BELOVA
ST 12.15 of the Administrative Code of the Russian Federation
1. Violation of the rules for the location of a vehicle on the carriageway, oncoming passing, as well as movement on the side of the road or crossing an organized transport or pedestrian column or taking a place in it -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.
1.1. Failure by the driver of a slow-moving vehicle, a vehicle transporting bulky cargo, or a vehicle moving at a speed not exceeding 30 kilometers per hour, outside settlements of the requirement of the Road Traffic Rules to let the following vehicles pass for overtaking or advancing -
2. Driving on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules -
shall entail the imposition of an administrative fine in the amount of two thousand rubles.
3. Leaving, in violation of the Traffic Rules, into a lane intended for oncoming traffic, when avoiding an obstacle, or onto tram tracks in an opposite direction when avoiding an obstacle -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Departure, in violation of the Traffic Rules, into the lane intended for oncoming traffic, or on tram tracks of the opposite direction, except for the cases provided for by part 3 of this article, -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
5. Repeated commission of an administrative offense provided for by part 4 of this article -
shall entail the deprivation of the right to drive vehicles for a period of one year, and in the case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photographing and filming, video recording, or by means of photographing and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Commentary on Art. 12.15 of the Code of Administrative Offenses of the Russian Federation
In the Road Traffic Regulations, the term "sidewalk" is considered as an element of the road intended for pedestrian traffic and adjacent to the carriageway, or cycle path, or cycle path, or separated from them by a lawn (clause 1.2).
The objective side of the composition of an administrative offense, provided for in Part 2 of the commented article, is formed by the movement of vehicles on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules.
4. Clause 9.2 of the Road Traffic Regulations stipulates that on two-way roads with four or more lanes, it is prohibited to drive to bypass the lane intended for oncoming traffic. Clause 9.6 of the Road Traffic Regulations establishes a ban on entering tram tracks of the opposite direction. The interpretation of the term "obstacle" is of key importance for qualifying an offense under Part 3 of this article.
In the Road Traffic Regulations, an obstacle is defined as a stationary object in a lane (a faulty or damaged vehicle, a defect in the carriageway, foreign objects, etc.), which does not allow to continue driving along this lane. A traffic jam or a vehicle stopped in this lane in accordance with the requirements of the rules is not an obstacle.
Thus, objective side of the composition of an administrative offense provided for in Part 3 of the commented article 12.15 of the Code of Administrative Offenses of the Russian Federation, forms an exit in violation of the Traffic Rules into the lane intended for oncoming traffic or on tram tracks in the opposite direction when bypassing an obstacle.
5. Under Part 4 of Art. 12.15 of the Code of Administrative Offenses of Russia are subject to qualification of actions that are associated with violation by drivers of the requirements of the Road Traffic Rules, road signs or markings, which entailed entering the lane intended for oncoming traffic, or on tramway tracks in the opposite direction, with the exception of cases provided for in Part 3 of the commented article. Such requirements are directly established in the following cases:
On two-way roads with four or more lanes, it is prohibited to drive to overtake or bypass the lane intended for oncoming traffic (clause 9.2 of the Road Traffic Regulations). In this case, a violation of this requirement associated with bypassing an obstacle should be qualified under Part 3 of Art. 12.15 Administrative Code of the Russian Federation;
On two-way roads with three lanes marked with markings, the middle of which is used for traffic in both directions, it is prohibited to enter the leftmost lane intended for oncoming traffic (clause 9.3 of the Road Traffic Regulations);
It is prohibited to overtake at regulated intersections, as well as at unregulated intersections when driving on a road that is not the main one; on pedestrian crossings if there are pedestrians on them; at level crossings and closer than 100 m in front of them; on bridges, overpasses, overpasses and under them, as well as in tunnels; at the end of an ascent, on dangerous turns and in other areas with limited visibility (clause 11.4 of the Road Traffic Regulations);
It is forbidden to bypass the vehicles standing in front of the railway crossing, leaving the oncoming lane (paragraph 8, clause 15.3 of the Road Traffic Regulations);
It is forbidden to go on the tram tracks of the opposite direction. However, it is allowed to move along tram tracks in the same direction, located on the left on the same level with the carriageway, when all lanes of this direction are occupied, as well as when bypassing, turning left or making a U-turn, taking into account clause 8.5 of the SDA, if this does not interfere with the tram (clause . 9.6 of the Rules of the road);
The turn must be carried out in such a way that when leaving the intersection of carriageways, the vehicle is not on the side of the oncoming traffic (clause 8.6 of the Road Traffic Regulations).
Driving on a two-way road in violation of the requirements of road signs 3.20 "Overtaking prohibited", 3.22 "Overtaking trucks prohibited", 5.11 "Road with a lane for route vehicles" (when such a lane is intended for oncoming traffic), 5.15.7 "Direction traffic on the lanes "when it is associated with leaving the oncoming lane, and (or) road markings 1.1, 1.3, 1.11 (dividing traffic flows in opposite directions) also forms the objective side of the administrative offense under Part 4 of Art. 12.15 of the Administrative Code of the Russian Federation. In addition, the objective aspect of this composition of an administrative offense is formed by a violation of road sign 4.3 "Roundabout".
Considering that road sign 3.20 means a prohibition on overtaking for all vehicles, except for slow-moving vehicles, as well as horse-drawn carts, mopeds and two-wheeled motorcycles without a sidecar, overtaking such vehicles in the zone of this sign by other vehicles in the absence of other prohibitions established by the Rules road traffic (for example, clause 11.4), does not form the objective side of the administrative offense under Part 4 of Art. 12.15 of the Administrative Code of the Russian Federation.
It should also be borne in mind that overtaking slow-moving vehicles cannot be qualified under Part 4 of Art. 12.15 of the Administrative Code of the Russian Federation in cases when:
In the area of operation of road sign 3.20 there are road markings 1.1 or 1.11, since, according to paragraph 1 of Appendix No. 2 to the Road Traffic Regulations, in case of a conflict between the meaning of road signs and horizontal marking lines, the road sign, which must be followed by the driver, has priority;
A driver in the coverage area of road sign 3.20 overtaken a vehicle for which the manufacturer set a maximum speed of no more than 30 km / h, including in the absence of an identification plate on it informing road users that this vehicle belongs to low-speed vehicles ... In this case, the driver made a maneuver in accordance with the requirements of the indicated road sign, in connection with which he cannot be held administratively liable for the inaction of the owner (owner) of a slow-moving vehicle who did not install the appropriate identification mark on this vehicle in violation of the requirements of cl. 8 Basic provisions for the admission of vehicles to operation.
Actions of the driver who has overtaken a power-driven vehicle in the zone of action of the sign 3.20, moving at a speed of no more than 30 km / h, but which is not slow-moving by its design features vehicle, are subject to qualifications under Part 4 of Art. 12.15 of the Administrative Code of the Russian Federation (clause 8 of the Resolution of the Plenum The Supreme Court RF N 18).
6. Re-committing an offense under Part 4 of the article being commented on forms the objective side of an administrative offense under Part 5 of the article being analyzed.
7. The subjects of the offenses provided for by the commented article are the drivers of vehicles, their actions are characterized by a deliberate form of guilt.
8. Cases of administrative offenses provided for by parts 1 - 4, part 5 (in the case of fixing an administrative offense by working in automatic mode with special technical means that have the functions of photographing and filming, video recording, or by means of photographing and filming, video recording ) of the commented article, are considered by the head of the State Traffic Inspectorate, his deputy, the head of the center for automated recording of administrative offenses in the field of traffic of the State Traffic Inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy (). Cases of administrative offenses under h. 1 - 3 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation can also be considered by employees of the State Traffic Inspectorate with a special rank (Article 23.3 of the Code of Administrative Offenses of the Russian Federation). According to part 4 of the commented article, cases can be considered by judges in the case when an official of the State Traffic Inspectorate, to whom the relevant case has been received, transfers it to the judge (). According to part 5 of the commented article, cases are considered by judges (except for cases of fixing an administrative offense by working in an automatic mode with special technical means that have the functions of photographing and filming, video recording, or by means of photographing and filming, video recording) (part 1 of article 23.1 of the Administrative Code RF).
9. Protocols on the relevant administrative offenses are drawn up officials internal affairs bodies (police) ().
Every driver knows that every exit into oncoming traffic is dangerous. However, not everyone knows what needs to be done in order to avoid punishment for this offense.
The oncoming lane is the most dangerous section of the road, since when driving on it, traffic accidents can occur.
Practice shows that in such situations, cars move towards each other twice as fast, because the speed doubles, and that is why the time to make the right decision is catastrophically short.
Looking at all the terrible situations, it becomes clear why this traffic rule belongs to the group of the most dangerous offenses. In addition, for a violation, the driver will be obliged to pay a large fine, and if the violation is even more serious, he may lose his driving license.
If there was a stop for a violation of Article 12.15 and the inspector leads to the fact that there is a threat of deprivation of rights, however, you are sure that he is wrong, then you need to consider an example of how you can get out of such a situation.
First of all, study the protocol, which was drawn up by the traffic police officer, in as much detail as possible, since on the basis of it the license to drive a vehicle will be revoked.
If you have objections to filing a violation or other circumstances, indicate this in the protocol. In the course of the trial, this will be excellent evidence, perhaps even the main one.
An excellent option to confirm the need for action is to photograph or video the road conditions under which there was a departure into the oncoming lane and other facts that can confirm the driver's correctness.
After the violation report has been drawn up and the driver has received a copy of it in his hands, he has 10 days to appeal. However, if for some reason he failed to file an appeal within these days, for a valid reason, you can submit an application for the restoration of the term to the judicial authority.
The main thing that you need to pay attention to is the search for evidence and a qualified lawyer, since only a court can make a decision on deprivation of the right to drive a vehicle.
There are the following extenuating circumstances in these situations, which are provided for by Art. 4.2 Administrative Code:
- If a person has committed a traffic violation at the time of emotional excitement, which was caused by tragic events in life - the death of relatives or friends, illness, etc.;
- If the driver repented of his deed;
- Good reputation (a positive testimonial from the place of work is required) and a good driving history, namely the absence of previously committed administrative offenses;
- Feeling unwell or becoming pregnant at the time of the violation (medical confirmation required);
- If the driver admits his guilt. This can work in the event that he has not previously been in police bases as an active offender and can prove that leaving the oncoming lane was unintentional. The need to go to the oncoming lane can be considered poor road conditions, covered with snow markings, or if parked cars limited the ability to maneuver in their own lane.
However, it should be remembered that Art. 2.7 of the Code of Administrative Offenses of the Russian Federation states that entering the oncoming lane may not be considered a violation if it was caused by extreme necessity to prevent an emergency situation.
In addition, when preparing for litigation, ask the court for a draft or a traffic management scheme with all signs and markings on the section of the road where the offense occurred. This will help to comprehensively consider the situation that happened and make the most objective decision.
An important role in this moment is played by the terrain, the maintenance of highways and their repair and documentary confirmation of their condition.
Buildings, the presence of various vegetation on the road, structures and vehicles and their impact on the road situation are relevant to the subsequent adoption of the appropriate decision.
There are great ways how you can refute the information of a traffic police officer and confirm your own. To do this, during the court proceedings, provide elementary mathematical calculations that can confirm the current situation on the road section.
They will only once again confirm the linear, temporal and other parameters, as well as the distance according to the actual circumstances of the event that happened.
Thanks to this, there will be great chances to convince the judge that the offense was insignificant. Moreover, in accordance with part 1 of article 12.16 of the Code of Administrative Offenses of the Russian Federation, such situations confirm the need and condition the departure into the oncoming lane.
Punishment for re-entering the oncoming lane
There is a penalty for re-committing this offense. It can be like this:
- Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation states that if a driver repeatedly commits a violation when entering a one-way lane and moves in the opposite direction, he is threatened with deprivation of his driving license for a period of one year;
- Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation states that if a driver drives into an oncoming lane or onto tram tracks in an opposite direction, he faces two outcomes. The first is deprivation of the right to drive a vehicle for a period of one year. The second - when fixing an administrative offense with special technical means that work in automatic mode and produce photographs and video recordings, a fine of up to 5,000 rubles is threatened.
That's why repeated departure on the oncoming lane, on the tram tracks of the opposite direction, or when moving on a section of the road with unilateral direction in the opposite direction, leads to the following possible consequences:
- Deprivation of the right to drive a vehicle for a period of one year;
- In order to return the license, you need to pass a theoretical exam on knowledge of the traffic rules of the Russian Federation.
Traffic rules prohibit entering the road lane or tramway track, which are designed to travel in the opposite direction.
As an exception, there are situations that are listed in the third part of the article.
The penalty in accordance with this administrative offense is:
- the appointment of a fine in the amount of five thousand rubles;
- withdrawal driving license for a period of four to six months.
In most cases, in a similar situation, according to this article, the protocol is drawn up if the driver has taken certain actions.
The actions are as follows:
- the driver has crossed a double continuous road marking line;
- broke one continuous line;
- overtaken on a section of the road, not paying attention to a sign that prohibits such an action;
- carried out a trip to the tramway rails, which are intended for oncoming traffic;
- moved in the wrong direction along one way road, where oncoming traffic is categorically not assumed.
The exception is those cases in which the rights of violators are protected by experienced lawyers who know the intricacies of automotive law. Occasionally, crossing a lane is motivated by the need to avoid an obstacle. In this case, the deprivation of rights is assessed as groundless, a car lawyer will be able to provide assistance to re-qualify the case under another article.
Application administrative measure the punishment is unlawful if the motorist was seen on the lane for traffic in the opposite direction on that section of the roadway where the markings are not indicated. This also applies to those lines that cannot be identified due to large snow drifts.
Professional lawyers who understand automotive law build a defense process in such a way as to convert the qualification of the case to Article 12.16 when the rules that are provided for by road signs and markings are not followed. In this case, the driver is given a warning or a fine of 500 rubles.
If the driver decided to overtake on a section of the road where the marking line is discontinuous, but left in the place where it is continuous, such actions by the traffic police officers are considered in accordance with the first part of Article 12.16: in particular, it provides for the confiscation of driving license under a brick.
When lawyers get down to business
Often, lawyers undertake to help drivers who have driven into the oncoming lane only in two cases.
First case
If an employee of the State Traffic Inspectorate, in the course of bringing the offender to justice, made significant mistakes regarding procedural legislation. We are talking about changes in the algorithm for bringing to responsibility, as well as about serious violations associated with filling out documents.
It seems possible to determine which, in fact, the actions were done incorrectly only after thorough acquaintance with the materials of this administrative case.
Moreover, it is possible to find significant procedural errors that are not reflected in the case file during the trial, when the testimony of witnesses, recordings of cameras of video recorders and testimonies of attesting witnesses are presented.
Lawyers argue that today there are also a number of other, no less effective ways to justify the offender in this case.
Second case
If the owner of the car is initially innocent of an administrative violation imputed to him. In particular, when the driver did not overtake. In this case, lawyers similarly need to familiarize themselves with the case materials and determine all the important circumstances.
To get the expected positive outcome of the case, you must follow a certain procedure for referring the case for legal assistance.
The order is as follows:
- If the alleged offender's case has already been referred to higher authority, but the date of consideration has not yet been determined, or there are about three days left before the hearing, do not worry: all is not lost yet. In this case, lawyers recommend filling out an application () for familiarization with the case materials, which must be prepared in two copies. If the date of the hearing has already been set, and there are less than three days left until the hearing, you need to fill out a motion to adjourn the case ().
- After that, it is necessary to submit the prepared petition to the judge. In the first option, this can be done through the office, in the second - right during the meeting. Both options involve the immediate transfer of case materials.
- The received materials must be photographed and handed over to professional lawyers.