Anonim

Judging by recent trends, the state is very zealous (and most importantly - original) has undertaken to solve the current problem of traffic jams, which is on a par with two other eternal Russian troubles …

With the easy hand of the Internet community, the vocabulary of many drivers and human rights defenders has been replenished with the new abbreviation NOND, which abbreviated as the common phrase almost universally used by judges: "… there is no reason not to trust." Our court, it turns out, immensely trusts - protocols, charts, reports and other documents drawn up by officials. These documents are almost never called into question and are recognized as the only and irrefutable evidence. As a result, the number of "deprived people" who, by the will of their fate, is prescribed to walk for several months (or even years …), is growing significantly and as a result, roads for this period are exempted from "violators" … But the problem of traffic jams still cannot be solved.

Case No.

Not so long ago, the Muscovite Sergei was among the "lucky ones." He calmly walked along Bagrationovskiy passage in Moscow (near the famous Gorbushka) and when he was stopped by a traffic police officer, he was surprised to learn that he was traveling in a lane intended for oncoming traffic, and he also crossed continuous marking 1.1 (By the way, the indicated marking basically exists, however, during the spring road works, its remains were buried under a layer of fresh asphalt, that is, the marking was really absent). Despite objections to the unfounded accusations of such a grave violation, Sergei, like his thousands of brothers in misfortune, received temporary permission from the foreman, the standard protocol on the offense (provided for in paragraph 4 of Article 12.15 of the Code of Administrative Offenses) and wishes for a happy journey … Obviously, to the judge, to whom Sergei very naively expected to prove his case.

However, the justice of the peace, using the same NOND, ruled: to convict the driver and assign him a sentence - four months of deprivation of control. As the saying goes, the circle closed …

Appeal

The preparation for the appeal was more thorough: the place of violation indicated in the decision as Bagrationovsky passage, 3, was photographed in detail from all sides and especially carefully - the carriageway near this house. In the pictures, it was absolutely clear and unambiguously viewed absolutely empty and without any hint of marking the street. The results of photographing in the presence of two disinterested persons were reflected in the act, to which the photographs of the site of the alleged violation were also attached.

The hearing in the district court, where the complaint against the decision was heard, began, at first glance, not bad - the judge willingly attached to the case file both the photo table, the act of photographing, and the detailed additional objections of the “violator” based on the evidence presented to him, and also listened carefully all the arguments of the defense … It was hard to assume that when looking at photographs where the “bare” road is visible, one can somehow understand the absence of a marking on it, the intersection of which was blamed.

Meanwhile, “the judge finished - gasped the hall …”: upheld the decision, and dismissed the complaint. Moreover, the only document on which the decision was based was the scheme of the place of violation, on which the ill-fated marking was drawn clearly, although not quite evenly), tired of the endless and monotonous scribbling by an impassive police hand. Moreover, as a justification, the court, of course, indicated that “… there is no reason to not trust the scheme drawn up by the traffic police officer, since it was drawn up by an official who is in the line of duty to ensure road safety …” About photographs of the alleged location For mysterious reasons, there was nothing wrong with the decision - either the court forgot about them, or didn’t even consider it necessary to mention them at all.

"Violators" do not give up

Having received this shocking decision, the "intruder" did not give up and already filed a complaint with the Moscow City Court against the decision of the justice of the peace and the decision of the district court. The wait was not in vain - after a few painful weeks, a decision was received by the deputy chairman of the Moscow City Court, who, having examined the complaint and the case claimed in connection with it, decided: the court decisions in the case should be canceled, and the proceedings should be discontinued.

The main reason for this decision was precisely the photographs that unequivocally proved the absence of prohibitory markup and, as a result, the guilt of violation.

Last word to the defendant

So, what conclusions can be drawn from this sad and, unfortunately, very widespread recent history?

First of all, the presumption of innocence calling for one's own innocence is the main task of anyone who has suffered the misfortune of being accused by the state of violating its laws.

Further, it is still necessary to fight, and with a competent approach and a clearly formed and justified position, there are chances of victory (for example, on the website of the Moscow City Court, which needs to be given credit, various court decisions are published, among which there are many examples of canceling decisions in situations, which might initially seem hopeless).