You are driving on a highway, when suddenly your attention is caught by police sirens. All at once you are overwhelmed with emotions…
The sound of a police siren makes your skin crawl even if you know everything is OK.
Sounds familiar?
There are two possible case scenarios after the police has pulled you over. Firstly, the officer just checks your documents and lets you go. Secondly the policemen asks you to take a seat at the back of their car.
If the police officer orders you to come with him
Probably you have violated the highway code and you should go to the police car. The police officer is obliged to tell you about your rights. This means that a copy of your rights should be handed over to you for signing.
If the police fail to “read his/her rights” it is considered as violating the procedure
By law you are entitled to require the police officer to explain your rights. The police officer is obliged to explain everything in a simple language.
The back seat of a police car can be avoided
If you think you have been pulled over for no reason then take your time to explain.
Just tell the story through your eyes by bringing out how and why the situation occurred.
If the policemen is convinced that no violation has occurred then no further action will be taken.
🗣Read: obviously if the police has nothing to cling to, then there is no point in making it “official” and spend state resources.
Although not in every case such an explanation is effective and the police may conduct misdemeanor proceeding. In this case the policemen must prove that you have committed a traffic offence (eg. speeding, driving at a junction with a traffic light, talking with the phone while driving, driving without using seat belts, etc.)
However you have the rights to refute the claims of the conductor.
One of the many possibilities to refute the claims of a conductor is to use witnesses.
How to use witnesses to prove your innocence?
If you are accompanied by someone who sees the disputed situation then you can claim for his/her questioning as a witness. That said, the police officer is obliged to arrange interrogation. It is important that the witness stays true to her/his statement if she or her saw something different.
From time to time it may happen that there are no witnesses. In that case the police officer has to witness himself and you will be able to interview him/herself. But most likely you are not an experienced interrogator who have the skills to find out everything important so, how is it possible?
Remember to ask very detailed questions!
Firstly, find out exactly what he saw and perceived. Let him/her describe your exact appearance, behaviour and actions. In general, it is possible to find out by the means of details whether the police officer saw things correctly or not.
For example, a police officer might think that he/her saw you driving with white sweater and unfastened seatbelt. In matter of fact you were dressed all black. This refers that the police officer is mistaken. These kinds of situations may occur during the police raids. During the raids the police officer conducting the procedure may not be the officer, who detected the violation.
Source of the picture
Sometimes things can get very messy and needs to be taken to court.
When things get to court…
The court has an obligation to investigate a misdemeanor matter. Example given, if a person subject to proceedings brings to the court facts which he has not proved, the court must examine those facts.
Thus, a complaint lodged with a county court may refer to circumstances which the police did not take their decision into account.
If the police officer makes a decision in a misdemeanor case that takes away “driving licenses” for a certain period of time, in the event of a traffic violation, then it is worth considering whether to challenge that decision in the county court or not.
If an official has not made a mistake in making a decision and the court maintains the decision, then it is a descision that court has entered to force and has been enforced.If you still decide to drive a car after your driver’s license has been taken away, then you are committing a crime that is considered to be extra punishment. In this case you may be sentenced with a fine or one year in a prison.
However, if you still decide not to appeal the decision and you still drive during the time your drivers license is taken away then it can’t be penalized because the decision of a police officer (out-of-court body) is not a court decision.
🙌 In general, Autolevi recommends to work with the police to maximum and understand that they are doing their job in the best faith to ensure a safe and secure traffic environment for all of us! More tips for a safe journey, find here!🙌