"At that time, the car broke down and stopped at the side of the road. How could it be speeding?" Faced with a fine of 100 yuan and 3 points deducted by the traffic police department for speeding, Mr. Lu, a citizen of Xi ‘an, chose to sue.

　　Recently, the Yanta District Court of Xi ‘an ruled that Mr. Lu won the case on the grounds that the traffic police department could neither prove that the speed limit sign was set nor prove that the monitoring equipment was qualified.

　　> > The driver questioned

　　A photo can punish 100 yuan for 3 points?

　　On November 20 last year, Mr. Lu came to the traffic police detachment of Xi’ an Public Security Bureau for handling because he found information about speeding violations on the Internet. Only after receiving the Penalty Decision did he know the reason for the violation: at noon on April 21 of the same year, the vehicle he was driving "committed an illegal act of driving a motor vehicle in other sections of the city at a speed of less than 50% per hour". 100 yuan will be fined and 3 points will be recorded.

　　On the same day, Mr. Lu paid the fine, but did not accept such a penalty. "(At that time) after passing through East Chang’ an Avenue, the car broke down and stopped, and there was no speeding." In February this year, he sued the traffic police detachment of Xi ‘an Public Security Bureau to the Yanta District Court in Xi ‘an. "The basis of punishment is only a static photo. Only the license plate is displayed in the picture. There is no specific feature of the vehicle and no valid reference. It is impossible to prove that the illegal location is’ other road sections’."

　　"The traffic police detachment failed to fulfill its legal obligations and informed the driver of the illegal behavior. The static photos they provided can only reflect the relative position of the vehicle, but can’t reflect the speed, displacement, place and time of the vehicle. The photos can be edited manually and cannot be confirmed as original photos." Liu Bo, Mr. Lu’s agent, believes that the administrative behavior of the traffic police detachment violates legal procedures, and the administrative punishment should be invalid and revoked, and requests an order to revoke the punishment decision and return the fine and the deducted points.

　　> > The traffic police argued that

　　The photos are enough to prove that the punishment facts are clear.

　　The traffic police detachment of Xi ‘an Public Security Bureau argued that the illegal photos were enough to prove the illegal facts, and the traffic police department "provided instant inquiries on the website of the traffic police detachment in strict accordance with the Measures for the Implementation of the Road Traffic Safety Law in Shaanxi Province". Therefore, it is considered that the facts of the administrative act made are clear, the applicable law is correct, and legal procedures are met, and the prosecution is requested to be dismissed.

　　On March 29th this year, the Yanta Court in Xi ‘an held a hearing to hear the case.

　　According to the traffic police department, the speed limit of East Chang ‘an Avenue is 40 kilometers, and the speed recorded by mobile traffic technology monitoring equipment is 45 kilometers per hour.

　　Mr. Lu retorted that there was no speed limit sign or marking on East Chang ‘an Avenue.

　　> > judgment of first instance

　　Cancel the penalty, refund the fine, clear the penalty points.

　　The focus of the case is whether the administrative punishment decision made by the traffic police detachment against Mr. Lu is legal. The court held that Mr. Lu could not be determined to have committed speeding violations only by the records collected by traffic technology monitoring equipment; If the traffic technology monitoring equipment is not recognized and qualified, there may be cases where the measured speed exceeds the normal error range, thus affecting the fact identification.

　　After examination by the court, the traffic police detachment could not prove that the speed limit sign was set, nor could it prove that the factual evidence it was based on came from the monitoring equipment that passed the inspection. Therefore, the traffic police department lacked the basis for determining Mr. Lu’s speeding, which was unclear and the main evidence was insufficient. In addition, the court specifically pointed out that the illegal place identified by the traffic police detachment in the penalty decision was "other road sections in the city", and the specific place where the illegal act was carried out was not specified, which should be identified as defects.

　　Recently, the case was pronounced in the first instance: the penalty decision made by the traffic police detachment of Xi ‘an Public Security Bureau was revoked, and the fine 100 yuan that the plaintiff had performed was returned within 15 days after the judgment came into effect, and the record of 3 points deducted was cleared. Because the traffic police detachment did not appeal within the statutory time limit, at present, the judgment has come into effect.

　　> > lawyer’s statement

　　Bringing an administrative lawsuit allows the administrative organ to give evidence.

　　If you are dissatisfied with the punishment of the traffic police department, you can file an administrative reconsideration or administrative lawsuit.

　　For individuals, proof is a difficult problem. Zhu Zhenfeng, a lawyer of Shaanxi Haogong Law Firm, said that considering the relatively weak position of individuals in administrative litigation, the Administrative Procedure Law stipulates that the burden of proof is reversed, that is, the administrative organ bears the burden of proof for a specific administrative act, and should provide evidence and normative documents on which it is based.

　　> > Citizen’s statement

　　When the cost of safeguarding rights is high, you will be punished if you are photographed.

　　The reporter interviewed several citizens randomly about how to deal with traffic violations such as speeding and illegal occupation of bus lanes. Mr. Sun, a citizen, said that he bought a car in 2007, and so far he has violated the law on average 20 times a year. "I have never checked the surveillance video and evidence. As long as I confirm that it is illegal online, I will pay for it or think of other ways. The cost of checking and monitoring is too great, and even if it is found, it is easy to be unclear because of the long time. "

　　Liu Bo, who represented the case, is a taxi driver. He said that he spent a lot of effort to see this speeding photo. "I ran to the social service station of the traffic police team at the airport and the family area several times …"

　　A legal worker who asked not to be named said that as a legal professional, he rarely checked the evidence. "Generally, I will go to the annual inspection, as long as I don’t deduct points, I will pay the fine at one time." He said that he once turned around at a red light and was photographed. He thought that this was not a violation of traffic regulations. He specially went to the traffic police team to adjust the video. In theory, he was told that he could file an administrative reconsideration if he refused to accept it. "I thought it would take at least two or three months, and the cost was too great. I still paid the fine."

　　> > know more

　　Motor vehicle traffic violations accumulated 5 times shall be notified to the owner or driver in writing.

　　"Provisions on Procedures for Handling Illegal Acts of Road Traffic Safety" stipulates that road sections that use fixed traffic technology monitoring equipment to measure speed should be equipped with speed warning signs.

　　The Shaanxi Provincial Traffic Police Corps’ Regulations on the Setting and Use of Road Traffic Technology Monitoring Equipment in Shaanxi Province also stipulates that after the illegal data recorded by traffic technology monitoring equipment are entered into the management system, they should provide inquiries to the society through the illegal information inquiry telephone, Internet, voice telephone, mobile phone short message, etc. within 3 working days, and notify the motor vehicle owners and managers to accept the handling by mail.

　　The Measures for the Implementation of the Road Traffic Safety Law in Shaanxi Province stipulates that when the number of illegal acts recorded by motor vehicles has accumulated for five times, the traffic management department of the public security organ and its traffic police shall notify the owner or driver of the motor vehicle in writing within 15 days. Our reporter Ning Jun

　　What are the rules for traffic violation image forensics?

　　In fact, the Technical Specification for Image Forensics of Road Traffic Safety Violations has very detailed provisions on image forensics of traffic violations.

　　The Code stipulates that for road traffic safety violations that occur during the driving of motor vehicles, image forensics equipment should record the complete process pictures of traffic safety violations of motor vehicles and collect at least two panoramic characteristic pictures of motor vehicles at different times or in different locations.

　　How to deal with traffic violation information if you have any questions?

　　If the owner finds that there is something wrong with his illegal information, he can go to the nearest traffic police brigade to collect the photos of the scene and collect relevant evidence, mainly by keeping the photo evidence and the name of the collection agency, so as to facilitate subsequent contact and reconsideration. Generally speaking, it can be solved by administrative reconsideration: the owner must submit an application for reconsideration to his superior organ within 60 days, and if it is determined that there is no violation of the law, the violation can be eliminated.

　　According to the Technical Specification for Image Forensics of Road Traffic Safety Violations, several situations that should be eliminated are defined:

　　Occurred during the theft and robbery of motor vehicles; There is evidence to prove that it is caused by rescue distress or emergency avoidance; The scene has been handled by the traffic police; Due to inconsistent traffic signals; The recorded motor vehicle number plate information is wrong; Legal motor vehicles are recorded due to the use of forged, altered or other illegal acts of motor vehicle number plates; Other circumstances that should be eliminated.

　　comprehensive

(Source: Western Network)