Complaint about the decision on an administrative case
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To the Judicial Board for Administrative Cases of the Kostanay Regional Court
from Zh/K.E. IIN ... g. Gitikar, ... cell 8747....
Claim
on the decision on the administrative case
On July 17, 2018, by a decision of the Zhitikarinsky District Court, I was found guilty of committing an administrative offense under art. 610 Part 1 of the Criminal Code of the Russian Federation and was administratively punished with a fine of 20 MCI. I disagree with this resolution on the following grounds.
According to the protocol, I was charged with a traffic violation: clause 11.1.3 - Before overtaking, the driver must make sure that: the driver of the vehicle moving ahead in the same lane did not signal to maneuver to the left, and clause 11.5 - Overtaking is prohibited: of the vehicle overtaking or detouring. I was driving along the main road at about 60 km/h; there were no signs prohibiting overtaking or indicating a change in the direction of the main road, as well as road markings prohibiting entry into the oncoming lane. When I saw a car in front of me, driven by I.D.V., I turned on the left turn indicator and changed lanes into oncoming traffic. At the same time, the turn signal was not turned on for the car in front. I.D.V., who was moving in the same direction, explained at the hearing that he, having turned on the turn, began to make a turn maneuver and at that time a collision occurred. And that I was doing an overtaking maneuver at an intersection. At the same time, when I asked at what distance from the intersection he turned on the turn signal, I.D.V. replied that he was 10 meters from the intersection. I.D.V. did not explain to the court at what distance and in which lane the car was under my control. The fact that before making a turn maneuver, he looked in the rear-view mirrors to make sure of the safety of his maneuver, I.D.V. also did not say. His testimony is confirmed by a videotape of the court session. In the materials of the administrative case, there is a diagram of a traffic accident, which no one disputed at the hearing. This diagram shows that the car collision did not occur at the intersection, as I.D.V. claims. and in front of him, and the available braking distance from my car in the oncoming lane does not correspond to the violation of non-compliance with the distance imputed to me, so I was already overtaking. At the same time, the braking distance of my car was 16 m, and as can be seen in the accident diagram, it is completely on the side of oncoming traffic, which indicates that I have already started overtaking. At the same time, as can be seen in the traffic accident diagram, I.D.V. performed a left turn maneuver with an exit into the oncoming traffic lane.
Complaint about the decision on an administrative case
As already mentioned, I.D.V. explained at the hearing that he had turned on the turn signal indicator 10 meters before the turn. I would like to note that when driving at a permitted speed of 60 km/h in meters per second, this is 16.6 m/s. That is, the I.D.V. driver considered that giving the turn signal 1 second before the maneuver was in advance. I believe that in this case, the traffic rules were violated by I.D.V., who, with due care and caution, while observing the rules of passage of intersections, could have prevented this accident. In accordance with paragraph 8.1., 8.2., 8.5. Rules of the road before starting a maneuver, the driver gives signals with light signs of the appropriate purpose, while the maneuver is carried out in compliance with safety and does not interfere with other road users. The turn signal is given without misleading other road users in advance of the start of the maneuver and stops immediately after its completion. When changing lanes, the driver gives way to vehicles moving along without changing the direction of travel. It is not allowed to change lanes, as a result of which a dangerous distance is created between moving vehicles. Giving the signal does not give the driver an advantage and does not exempt him from taking precautions.
According to clause 8.7. of the Rules of the Road, the turn is carried out in such a way that when leaving the intersection of the carriageways, the vehicle does not end up on the side of oncoming traffic. all of the above points of the rules were violated when making a turn, namely: the left turn signal was not turned on in advance, the maneuver was carried out without safety and interfered with another traffic participant, without giving way to a vehicle moving along without changing direction, allowed a lane change, creating a dangerous distance, made a turn maneuver with departure to the oncoming side traffic that caused a traffic accident. I believe that my guilt in committing an administrative offense has not been proven by the materials of the administrative case and the testimony of I.D.V. Based on the above, I ask you to terminate the administrative case against me under art. 610 part 1 of the Criminal Code of the Russian Federation for the absence of an administrative offense.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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