According to art. 28.5 of the Administrative Code of the Russian Federation, “immediately after the discovery” of the commission of this violation, a protocol on an administrative violation is drawn up. In other words, you were caught during a traffic violation – get a piece of paper from the military man, which he must immediately issue. That’s just not a specific time frame, as you understand, the law doesn’t provide.
Simply put, “immediately” can be considered in different ways – at least five minutes, at least an hour. Not only can a traffic cop be slow in doing his job, but he can also be distracted by other official matters. For example, to help your colleagues or to postpone drawing up the protocol due to the observation of another violation by one of the other road users.
True, by order of the Ministry of Internal Affairs, it is written to the police in white that stopping vehicles should be carried out for the shortest possible time, and public transport – no more than two minutes. To be clear, the term “stop” is clearly defined in the traffic rules, which state that deliberately stopping the movement of the car should not exceed five minutes.
However, the delay may be even longer if it requires boarding and disembarking passengers or loading and unloading the vehicle. In other words, in a normal situation, investigating officers cannot spend more than five minutes drawing up a protocol for an established crime. Correct, only theoretically.
For example, if it is necessary to clarify additional circumstances of the case, or information about the citizen against whom proceedings are initiated, law enforcement officers can draw up a protocol up to two days after the offense has been discovered. But that is not everything. If it is necessary to conduct “administrative research”, the protocol will only be drawn up after this research has been completed. Such stories usually happen in controversial situations during an accident. For some, such a procedure takes months.
But the driver’s detention for three hours has nothing to do with paperwork. More specifically, drawing up a protocol regarding an administrative offense is not a motive for detention. Usually the driver is taken to the department in case of refusal to comply with the legal requirements of the traffic police inspector, or, as already mentioned, to establish the identity of the citizen and other circumstances of the case. However, in this case, the police must prepare a separate report stating the reasons for the driver’s arrest.
According to art. 28.5 of the Administrative Code of the Russian Federation, “immediately after the discovery” of the commission of this violation, a protocol on an administrative violation is drawn up. In other words, you were caught during a traffic violation – get a piece of paper from the military man, which he must immediately issue. That’s just not a specific time frame, as you understand, the law doesn’t provide.
Simply put, “immediately” can be considered in different ways – at least five minutes, at least an hour. Not only can a traffic cop be slow in doing his job, but he can also be distracted by other official matters. For example, to help your colleagues or to postpone drawing up the protocol due to the observation of another violation by one of the other road users.
True, by order of the Ministry of Internal Affairs, it is written to the police in white that stopping vehicles should be carried out for the shortest possible time, and public transport – no more than two minutes. To be clear, the term “stop” is clearly formulated in the traffic rules, which state that deliberately stopping the movement of the car should not exceed five minutes.
However, the delay may be even longer if it requires boarding and disembarking passengers or loading and unloading the vehicle. In other words, in a normal situation, investigating officers cannot spend more than five minutes drawing up a protocol for an established crime. Correct, only theoretically.
For example, if it is necessary to clarify additional circumstances of the case, or information about the citizen against whom proceedings are initiated, law enforcement officers can draw up a protocol up to two days after the offense has been discovered. But that is not everything. If it is necessary to “conduct an administrative investigation”, the protocol will only be drawn up after this investigation has been completed. Such stories usually happen in controversial situations during an accident. For some, such a procedure takes months.
But the driver’s detention for three hours has nothing to do with paperwork. More specifically, drawing up a protocol regarding an administrative offense is not a motive for detention. Usually the driver is taken to the department in case of refusal to comply with the legal requirements of the traffic police inspector, or, as already mentioned, to establish the identity of the citizen and other circumstances of the case. However, in this case, the police must prepare a separate report stating the reasons for the driver’s arrest.
Source: Avto Vzglyad
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.
