How Courts Deprive ‘Rights’ When They Focus on an Unlit ‘Arrow’
October 21, 2023
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When it comes to confiscating a driver’s license, it usually involves something like driving on the wrong side of the road or driving under the influence. However, much
When it comes to confiscating a driver’s license, it usually involves something like driving on the wrong side of the road or driving under the influence. However, much less provocative traffic violations can make you a pedestrian.
In early October, the Supreme Court heard the case of a driver who lost his badges about a year ago. On October 2, 2022, Alexey Vanyaev drove a Mitsubishi Outlander along Mokhovaya Street in Moscow. Then he had to drive into Vozdvizhenka, which he did, passing under a traffic light while the additional section was already extinguished – the “arrow” for the right turn. In this place many drivers do this and, as they say, “everything is fine.” But not that time.
A traffic police crew was present at the intersection and Vanyaev’s car was stopped to register an offense under Art. 12.12 Code of administrative offenses for driving through a prohibition light signal. But the case did not end with a banal fine of 1000 rubles. The traffic police report went to court! Because it turns out that a few years ago, on August 17, 2020, Mr. Vanyaev received exactly the same fine – for driving through an intersection “on red”. According to part 1 of art. 12.12 Code of Administrative Offenses. But he massively delayed the payment and paid off the debt to the treasury until May 2022.
Thus, less than a year passed from the moment of payment until the fateful maneuver from Mokhovaya to Vozdvizhenka. And an ordinary bend under the extinguished “arrow” turned into a repeated violation of this kind. What already falls under half of part 3 of art. 12.12 Code of Administrative Offenses. And she is already talking about a fine of 5,000 rubles, or deprivation of “rights” for 4-6 months.
And on November 1, 2022, Vanyaev was in court district No. 370 of the Tverskoy District of Moscow for five months without a permit. Although he asked to limit himself to a fine. But the judge ruled that the ‘pecuniary’ punishment would have an insufficient educational effect on the driver, as he received around 300 fines for various traffic offences. Moreover, most of it is unpaid.
Lishenets disagreed and began appealing the verdict, eventually reaching the RF forces. In addition to objections regarding the cruelty of the judicial punishment, Vanyaev’s representative pointed to the fact that when drawing up the protocol, the GIBLL employees had not explained to him his legal rights in the administrative process. And on this basis, he demanded that this protocol be canceled and his “rights” returned to the driver accordingly.
To begin with, the Supreme Court found no defects in the magistrate’s decision. Regarding the rights that were allegedly not explained to him by traffic police officers, the top court noted that on the back of the copy of the protocol, the contents of which the driver signed, there is a text explaining all his rights. If there is a signature, it means I have read it. The Supreme Court determined and upheld Vanyaev’s sentence.
Photo: globallookpress.com
In early October, the Supreme Court heard the case of a driver who lost his badges about a year ago. On October 2, 2022, Alexey Vanyaev drove a Mitsubishi Outlander along Mokhovaya Street in Moscow. Then he had to drive into Vozdvizhenka, which he did, passing under a traffic light while the additional section was already extinguished – the “arrow” for the right turn. In this place many drivers do this and, as they say, “everything is fine.” But not that time.
A traffic police crew was present at the intersection and Vanyaev’s car was stopped to register an offense under Art. 12.12 Code of administrative offenses for driving through a traffic ban. But the case did not end with a banal fine of 1000 rubles. The traffic police report went to court! Because it turns out that a few years ago, on August 17, 2020, Mr. Vanyaev received exactly the same fine – for driving through an intersection “on red”. According to part 1 of art. 12.12 Code of Administrative Offenses. But he massively delayed the payment and paid off the debt to the treasury until May 2022.
Thus, less than a year passed from the moment of payment until the fateful maneuver from Mokhovaya to Vozdvizhenka. And an ordinary bend under the extinguished “arrow” turned into a repeated violation of this kind. What already falls under half of part 3 of art. 12.12 Code of Administrative Offenses. And she is already talking about a fine of 5,000 rubles, or deprivation of “rights” for 4-6 months.
And on November 1, 2022, Vanyaev was in court district No. 370 of the Tverskoy District of Moscow for five months without a permit. Although he asked to limit himself to a fine. But the judge ruled that the ‘pecuniary’ punishment would have an insufficient educational effect on the driver, as he received around 300 fines for various traffic offences. Moreover, most of it is unpaid.
Lishenets disagreed and began appealing the verdict, eventually reaching the RF forces. In addition to objections regarding the cruelty of the judicial punishment, Vanyaev’s representative pointed to the fact that when drawing up the protocol, the GIBLL employees had not explained to him his legal rights in the administrative process. And on this basis, he demanded that this protocol be canceled and his “rights” returned to the driver accordingly.
To begin with, the Supreme Court found no defects in the magistrate’s decision. Regarding the rights that were allegedly not explained to him by traffic police officers, the top court noted that on the back of the copy of the protocol, the contents of which the driver signed, there is a text explaining all his rights. If there is a signature, it means I have read it. The Supreme Court determined and upheld Vanyaev’s sentence.
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.