Attorney Vitalii Petryk successfully represented a driver in a case challenging a police resolution. The court found the resolution unlawful, cancelled the fine and closed the proceedings due to the absence of an administrative offense.

Circumstances of the case

• The police issued a resolution holding the driver liable under Part 2 of Art. 122 of the Code of Administrative Offenses (violation of the rules for using external lighting devices – allegedly failing to switch from high beam to low beam).
• The client learned about the resolution and the fine only when the state enforcement service froze his bank accounts.
• The only evidence in the case was body camera footage from the police officers, from which the fact of the violation could not be established.

What the attorney did

• Prepared and filed an administrative claim to cancel the resolution through the “Electronic Court” system.
• Proved that the available footage could not establish that the driver had actually failed to switch from high beam to low beam.
• Argued that the mere fact of driving a vehicle does not constitute an offense under Part 2 of Art. 122, and the police provided no other evidence to the court.

Court decision

• The claim was granted and the contested resolution was cancelled as unlawful.
• The administrative offense proceedings were closed due to the absence of an offense.
• Court costs were awarded to the client, and the overpaid court fee was refunded from the budget.

Significance

The decision shows that a police resolution in a traffic case can be cancelled if the case file lacks proper and sufficient evidence of an offense. The mere fact of driving a car does not mean the driver is guilty. Those held liable without an evidentiary basis should challenge such resolutions in court.

Facing a similar situation with a fine or police resolution? Contact me: (096)-878-07-36, (093)-878-07-36.