6 most common violations of the law by traffic police officers during roadside checks


12/30/2023 20:21

Traffic police inspectors sometimes take advantage of drivers’ ignorance of the laws, which allows them to exert psychological pressure on citizens. The portal has identified six illegal actions of traffic police officers that drivers should pay attention to.

First illegal action: Law enforcement officers require the driver to leave the vehicle only in certain situations, such as issuing a search warrant, detaining the car or driver, and removing the driver from driving due to alcohol intoxication.

In other cases, the police do not have the right to interfere with the actions of the driver.

In accordance with Clause 93.3 of the Order of the Ministry of Internal Affairs N664, a traffic police officer may invite the car owner to take a seat in a patrol car or go to the office premises if his presence is necessary to draw up procedural documents.

However, the driver has the right to refuse such an invitation, in which case the police officer’s threats of administrative arrest for “disobedience” are considered illegal.

The term “inspection” means a visual inspection of the vehicle’s interior through the windows. However, a request to open the trunk and check its contents is considered a search. From the point of view of legal correctness, such a procedure should be recorded on video or carried out in the presence of two witnesses.

Only if these conditions are met will the police officer’s request comply with the law.

A traffic police officer’s request to “breathe” always violates the law, and in this case you can refuse. However, if a police officer requires an alcohol test, he has the right to do this only after drawing up a report on the suspension from driving in the presence of two witnesses or on video recording.

If the police officer agrees to wait until you provide a driver’s license or STS, he does not have the right to demand a passport as collateral in accordance with Order of the Ministry of Internal Affairs N80.

In addition, the traffic police officer cannot force the driver to be an attesting witness, as this is contrary to the law.

Author Makar Gorshenin

Makar Vadimovich Gorshenin is a student at the Moscow University of Finance and Law, a freelance correspondent for Pravda.Ru.

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