Now traffic police officers almost always film violations on video.
There are many tales on the Internet that the inspectors refuse to show the video of the violation to the driver.
They explain the refusal by the fact that they are not obliged to show it.
So is the traffic police inspector obliged or not to provide a video recording to the violator? And what should the driver do in case of such a refusal?
Sergey Smirnov, lawyer:
– The video recording is one of the evidence of the violation, as well as the protocol. All materials on the case are transferred to the traffic police officer who considers such cases, to the so-called Analysis Group. And there is already the task of the traffic police to prove the guilt of the driver.
Therefore, if the driver agrees that he has violated and has already signed the order, then the inspector may not show the video, since this makes no sense. Video is evidence, evidence is accepted during the consideration of the case, and since the case has been considered, the decision has been made, then there is no such need.
To challenge the decision, referring to the fact that there is no evidence, in fact, it will be impossible, because the driver has already agreed that he violated and put his signature. Although by law, of course, a 10-day period for appeal is provided.
If the person does not agree with the inspector, then a protocol is drawn up, and the video recording is evidence in the case. After drawing up the protocol, the driver has the right to familiarize himself with the case materials, including the evidence that is available there. With video recording as well. Accordingly, this is his right, and the duty of the traffic police officer to provide him with this video.
True, there are cases when the recording is not available at the moment (on site), because, for example, it was filmed by another patrol car or a stationary video camera. Then the violator is told where and when he can get acquainted with the materials.
If it seems to a person that the inspector intentionally hides a video recording of him, he can always call the traffic police hotline, report a problem, and give the number of a patrol car. In this case, he will be explained how to proceed.
Photo: Andrey Lyubimov / AGN “Moscow” and “Behind the wheel”
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