The relevant case is described on its website by the law firm Road Lawyer. It is stated that the incident took place in the Vinnytsia region in April of this year. So, a car was moving towards the patrol officers, which for unknown reasons aroused suspicion among law enforcement officers. Then they decided to "check" it against the database. It turned out that the driver of this vehicle had previously been held accountable for drunk driving. As a result, the police turned on their blue and red flashing lights, made a U-turn, and stopped the "offender's" car.
During communication with law enforcement officers, the driver asked to state the reason for the stop. The cops agreed that he had a "negative history" and demanded that he go to a medical facility for examination, and also show his hands for tremors and spit on the ground to determine the viscosity of saliva.
Based on the results of the check, the police did not find any signs of alcohol intoxication in the driver and issued him a protocol for a violation he actually did not commit — driving in the left lane when the right lane was free (clause 11.5 of the Traffic Rules). The fine for such a violation is UAH 510.
The driver was outraged by the actions of the police and decided to appeal them in court. Themis recognized the absence of traffic violations on the part of the driver and canceled the police fine, but the matter did not end there.
The court decided to check the legality of the car stop by the police and give a separate assessment of their actions. The body cameras of the "cops" helped to recreate the picture. After studying the recordings, the representatives of justice concluded that the real reason for the stop was the database record of the driver's past violations, which is an illegal basis for stopping. Moreover, the court equated the actions of law enforcement officers to illegal persecution of a person and recognized them as a violation of rights guaranteed by the Constitution of Ukraine.
Ultimately, these materials were transferred to the police leadership with the aim of bringing the patrol officers to responsibility (case No. 136/651/21).
As for the aforementioned fine, the court canceled it on the grounds that, firstly, there was no road marking, and, secondly, at least five other cars were moving in the lane besides the accused.
The relevant case was considered by the court of first instance, and then by the Seventh Administrative Court of Appeal of the city of Vinnytsia.
