A driver who committed three serious traffic offenses while behind the wheel of a BMW escaped penalties because the traffic officer miscalculated the amount of the fine.
The traffic policeman miscalculated the fine applied to the driver PHOTO Adevărul
The incident took place on July 26, 2022, and the final court decision was handed down on January 25, 2024. According to the Police, the investigating officer noted that the driver did not respect the traffic policeman's signals to stop and adopted aggressive behavior in traffic, moving -sequentially from one lane to another, alternating left and right, in order to overtake a row of vehicles moving in the same direction.
Also, the driver was followed by the road crew and crossed an intersection on the red light. The pursuit took place on the streets of the municipality of Slatina. All three misdemeanors were proven by the video recordings made by the policeman's camera.
The driver (Dan Ionuț G.) was fined 1,740 lei and his right to drive was suspended for a period of 120 days. He did not admit any of the facts and claimed that he did not behave aggressively, that he crossed the intersection on green and that he was not pursued by the police with the acoustic and light signals on.
Legal fine – 1,450 lei
Even though his facts were clear, the court rejecting the defense that he did not commit the contraventions, in the end, the petitioner won. Thus, a magistrate from the Olt Court discovered that the traffic officer did not set a fine legally.
“By referring to the special maximum provided by law, the three contraventions for which the petitioner was sanctioned are sanctioned with the fine provided for in the II class of sanctions, and the special maximum provided by law for this contravention is in the amount of 1,450 lei. Thus, the court finds that the individualization of sanctions, as was done by the ascertaining agent, does not comply with the requirements of legality and proportionality with the degree of social danger of the conduct adopted by the appellant-petitioner, a circumstance in which the sanction that intervenes is the nullity of the act”. it is specified in the court decision.
The magistrate found, thus, that the report is not legal and ordered its annulment. The driver did not pay the fine and kept the license in his possession.
