Lawyer of the Nadmitov, Ivanov and Partners Law Firm Delgira Khodzhaeva gave comments to Pravo.ru for the article "Signed the protocol without video: will the rights be returned
The driver deprived of his license tried to challenge the court ruling, referring to the fact that the traffic police did not record the moment when the protocols were drawn up on video. The SC clarified whether inspectors are required to record everything on video.
The argument that the video does not contain the moment of drawing up the protocol is often used by drivers who are prosecuted under Part 1 of Art. 12.26 Administrative Code, says Delgira Khodjaeva from Nadmitov, Ivanov and Partners Law Firm. In all such disputes, according to the expert, the courts reject the arguments of the drivers, since the video is needed to record the procedural actions: an examination on the spot, a referral for a medical examination, suspension from driving (in accordance with Part 2 of Article 27.12 of the Administrative Code). The law does not necessarily require the execution of a protocol using video recording means. Examples include cases No. 16-4799 / 2020, No. 16-93 / 2020 and No. 16-462 / 2020, in which the courts did not accept the arguments of the drivers in such cases.
Khodjaeva noted that video recording is not always necessary even when the driver is removed from driving the car. Proof of guilt can be the protocol itself, if it is proved that it was the specified driver who was driving drunk. How it happened in case No. 16-1044 / 2020.
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