That driver can be arrested

For any traffic violations a driver can be arrested?

People often do amazingly stupid things. Especially driving, when the driver considers himself outside of society. That is why every year millions of Russians violate driving rules of the road. So according to traffic in 2016, the Russians have made 61 million of administrative offences in the field of traffic, paying a little more than 30 billion rubles of fines. But for some traffic violations drivers may not only be fined, and arrested. Let’s find out what traffic violations drivers can be arrested.

And so in the Russian legislation the main punishment for breaking the rules of the road, as in most countries, is a monetary fine. Also, when the most dangerous offenses a driver can be subjected to deprivation of a driving license for certain period of time.

In addition, in exceptional cases, drivers can be brought to administrative responsibility in the form of arrest for a certain period.

It should be noted that in the current legislation is not so little traffic rules, violation of which the driver can be arrested.

So do not think that, if not grossly violate traffic rules the driver is protected from restriction of freedom for a certain period of time.

And so here is the complete list of articles of the administrative code of the Russian Federation on the basis of which drivers can be arrested.

1) car driver deprived of a driving licence

Article: part 2 of article 12.7 of the administrative code

Liability: a penalty of 30 000 rubles or administrative arrest for up to 15 days, or compulsory work for a term of one hundred to two hundred hours

Who can be punished: the Judicial authority

According to statistics, traffic police, driving by drivers deprived of the rights is one of the most common reasons for which the courts will determine custody. It is worth noting that according to article 12.7 of part 2 of the administrative code, the court may, at its own discretion as to fine the driver for 30 000 rubles, or arrest for up to 15 days. Accordingly, the degree of responsibility that will be assigned to the driver will be set by the judge depending on the circumstances of the case.

So if you first violated article 12.7, the court may not appoint you to arrest and bring to justice in the form of a big fine.

We have studied judicial practice in Russia in this article. In the end it turned out that the arrest is applied by the courts much more often than the fine.

2) driving the driver without a license or previously devoid of rights, if such actions do not contain penal act

Article: part 3 of article 12.8 of the administrative code

Responsibility: administrative arrest for a period from 10 to 15 days or a fine on individuals in respect of whom in accordance with the administrative code may not apply administrative arrest in the amount of 30 000 rubles

Who can be punished: the Judicial authority

Another article in the administrative code, which can be applied to drivers in the form of arrest. We are talking about part 3 of article 12.8 of the administrative code. So under current law for driving in a condition of alcoholic or narcotic intoxication of the driver, who has no rights or deprived of the driving license, applies to arrest from 10 to 15 days. Accordingly, if the driver does not fall in the category of persons in which relation according to the administrative code cannot be used administrative detention, he will receive a minimum of 10 days of arrest.

3) Refusal to undergo a medical examination

Article: part 2 of article 12.26 of the administrative code

Responsibility: administrative arrest for a period from 10 to 15 days or a fine on individuals in respect of which in accordance with this administrative code may not apply administrative arrest in the amount of 30 000 rubles

Who can be punished: the Judicial authority

The most common cause of arrest of the drivers in our country according to the traffic police is refusal to undergo a medical examination. Apparently, this is due to the fact that thus people want to conceal driving while intoxicated. That is why the Government plans to toughen punishment for such a violation to the people was not profitable to refuse to submit to medical examination. This will facilitate real identification on the road of drug addicts and alcoholics. In the meantime, in Russia the maximum that threatens drivers who refused to undergo a medical check is arrest for a period from 10 to 15 days, and for those who are under the law, you can’t arrest a penalty in the amount of 30 000 rubles.

4) leaving the scene of an accident

Article: part 2 of article 12.27 of the administrative code

Liability: deprivation of rights for a period of 1 year to 1.6 years or administrative arrest for up to 15 days

Who can be punished: the Judicial authority

Also, any driver can be arrested for leaving the scene of an accident. So, if the driver becoming involved in an accident will leave, not having an accident, it can be brought to administrative responsibility under part 2 of article 12.27 of the administrative code. In this case, a Protocol on administrative violation and documents are sent to court. Further, the judge at his discretion will decide how to punish the driver. Under the law, the driver or will lose the rights for a period up to six years, either is arrested for up to 15 days.

5) Failure to comply with traffic police

Article: part 1 of article 19.3 of the administrative code

Liability: a fine ranging from 500 to 1,000 rubles or administrative arrest for up to 15 days

Who can be punished: the Judicial authority

And so we come to the most controversial articles of the administrative Code of the Russian Federation. We are talking about part 1 of article 19.3, which provides for liability for failure to comply with the requirements of a police officer and other officials.

For example, if the driver refuses to submit documents to traffic police, it will be considered as failing to comply with traffic police. The result of these actions, the police have the right to draw up a Protocol on administrative offence under article 19.3 part 1 of the administrative code.

In the end, the case will go to court which in its discretion will decide how to punish the negligent driver. And what is most interesting in spite of the existence of the law of penalties in the form of a small fine in the amount from 500 to 1,000 rubles, according to the judicial practice of the courts, for whatever reason, often try to arrest citizens for failing to comply with police officers.

For example, the most common cause of arrest in this article is the refusal to remove the tint from the front Windows of the car. Recall that recently for being too tinted the front Windows the police were entitled not only to attract the driver to administrative responsibility (a fine) but to prohibit the operation of the car by removing the license plates before elimination of the reasons impeding further operation of the vehicle. Today this measure of security on the road against drivers operating motor vehicle with tinted Windows is canceled. In the end, the maximum that threatens the driver for toning is a small penalty of 500 rubles.

As a result, this has led to the fact that lately on the road again were massively cars with dark tint on the front Windows. In order to prevent massive violations of the law, the traffic police have recently begun not only to penalize drivers, but also make demands to eliminate violations of the law. To do this, the driver handed requirement, which prescribes a certain period of time to dismantle the dark film from the front Windows of the car.

In the end, if the driver at the expiration of the period specified in the requirement will again be stopped by the police, he could be prosecuted for failure to comply with police officers. That is, it can be drawn up under article 19.3 part 1 of the administrative code. In the end, the court the driver can be arrested for up to 15 days.

6) Unpaid within the statutory period, the fine for a traffic violation

Article: part 1 of article 20.25 of the administrative code

Liability: a penalty of twice the unpaid amount of the penalty, but not less than 1 000 rubles or administrative arrest for up to 15 days, or compulsory work for a term up to 50 hours

Who can be punished: the Judicial authority

At the moment the courts of the Russian Federation in the literal sense inundated with administrative cases under part 1 of article 20.25 of the administrative code.

The fact that in our country people EN masse don’t pay on time penalties for traffic violations. We will remind that under the law, the fine must be paid in a fixed length. Otherwise, the driver can be brought to administrative responsibility for non-payment of the fine. Further, the court will appoint a new fine size, which would be twice the previously issued fine. For example, if you fail to pay a fine of 500 rubles, in the case of a prosecution under part 1 of article 20.25, the court will appoint another penalty in the amount of 1 000 rubles. But the most interesting is that the court according to the law, maybe instead of a penalty for unpaid fines to arrest the driver for a period up to 15 days.

However it is worth noting that EN masse, this kind of punishment for non-payment of a penalty in our country does not apply, since the Russian legislation contains a number of provisions that prohibit the arrest of some individuals, as well as those drivers whose traffic violations were recorded by cameras photo video recording. This is why mass drivers are not arrested. Otherwise the arrest could be a huge number of people who massively don’t pay on time the fines from the cameras of the traffic police.

Some drivers can’t be arrested?

According to the current legislation administrative detention cannot be applied to a number of entities. this is stated in part 2 of article 3.9 of the administrative code. Here is a list of categories of people who cannot be arrested:

– Pregnant women

– Women with children under the age of 14

– Persons who have not attained 18 years of age

– Invalids I and II groups

Soldiers

– Citizens called for military training

– Employees of internal Affairs with special ranks

– Employees of bodies and establishments of criminally-Executive system

– Employees of the State fire service

– The staff of bodies on control over turnover of narcotic means and psychotropic substances

– The customs officials