zatrzymanie prawa jazdy na podstawie zdjęcia fotoradaru
Prawo karne i postępowanie karne

Zatrzymanie prawa jazdy na podstawie zdjęcia z fotoradaru

Pod koniec wakacji 2021 r. mogliśmy przeczytać chwytliwe nagłówki: „Nie można zatrzymać prawa jazdy na podstawie zdjęcia z fotoradaru. Tak wypowiedział się Naczelny Sąd Administracyjny w ostatnim orzeczeniu”. Czy to nie byłoby zbyt piękne?

O co chodzi w całej sprawie?

Główny Inspektor Transportu Drogowego powiadomił Prezydenta m. st. Warszawy, iż ujawnił popełnione naruszenie kierującego pojazdem polegające na kierowaniu z prędkością przekraczającą dopuszczalną o 78 km/h w obszarze zabudowanym i skierował wniosek o ukaranie do Sądu Rejonowego. Do takiego powiadomienia zostało załączone jedynie zdjęcie z fotoradaru.

Czas omówić orzeczenie Naczelnego Sądu Administracyjnego..

Podstawą wydania decyzji o zatrzymaniu prawa jazdy może stanowić wyłącznie informacja o ujawnieniu czynu polegającego na kierowaniu pojazdem z przekroczeniem dopuszczalnej prędkości o więcej niż 50 k/h na obszarze zabudowanym. Na podstawie zdjęcia z fotoradaru przesłanego przez Inspektora Transportu Drogowego, pojazd można zidentyfikować po numerach rejestracyjnych, czyli ustalić kto jest jego właścicielem.

Na podstawie takiej informacji możemy jedynie uprawdopodobnić popełnienie wykroczenia przez daną osobę, a mianowicie właściciela pojazdu. A jak dobrze wiemy, właściciel pojazdu nie musi być kierującym pojazd, a w konsekwencji adresatem decyzji o zatrzymaniu prawa jazdy. Inspektor Transportu Drogowego powinien w powiadomieniu do Prezydenta m. st. Warszawy wskazać kto był sprawcą wykroczenia, czyli kierującym pojazd przekazując stosowne dowody np. prawomocność mandatu. Jak dobrze wiemy, w chwili wykonania zdjęcia sprawca wykroczenia nie jest znany, a na podstawie samego zdjęcia z fotoradaru nie powinniśmy otrzymać decyzji o zatrzymaniu nam prawa jazdy.

W sprawach o przestępstwa i wykroczenia drogowe czasem decydujące znaczenie ma mały szczegół. Sztuką jest dostrzeżenie go i wykorzystanie w odpowiedni szczegół.

LegalnaFura jest wspierana przez Tomczak Legal Mateusz Tomczak. Jeśli potrzebujesz pomocy, koniecznie skontaktuj się biuro@tomczaklegal.pl

Źródło:

1) Wyrok Naczelnego Sądu Administracyjnego z dnia 25 sierpnia 2021 r., sygn. akt. II GSK 234/21

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32 komentarze

  • JamesSefly

    Practice what you preach.
    https://apostrraff548.com
    Repeat after me.
    Fall seven times, stand up eight.
    The part in Star Wars where Yoda says, There is do, or do not.
    Honesty is the best policy.
    Sometimes, though.
    This quote came from Wales, first appearing in an 1866 publication.
    And then.
    They’re in social media captions all over the web.
    Brevity is the key.
    So what do you do.
    Examples of Aphorism in Film
    Picture of Benjamin Franklin and a caption that says „Aphorist Extraordinaire”
    Finally, Actions speak louder than words is another classic example.
    This quote came from Wales, first appearing in an 1866 publication.
    So my advice.

  • JeffreyDix

    Even a worm will turn Link to proverb.
    https://kartuz327.com
    The customer is always right Link to proverb.
    Don’t wash your dirty linen in public Link to proverb.
    Hand that rocks the cradle rules the world – The.
    When the oak is before the ash, then you will only get a splash; when the ash is before the oak, then you may expect a soak.
    Woman’s place is in the home – A.
    Don’t let the cat out of the bag Link to proverb.

  • ChesterFiela

    Life is too short to surround yourself with toxic people.
    People often use this quote when discussing health, but Franklin was talking about fire safety.
    search bar with „what use aphorism.” written
    There must be a method to your madness.
    They’re in social media captions all over the web.
    20 Aphorism Examples
    Don’t count on things that haven’t happened yet because something unexpected could occur.
    The part in Star Wars where Yoda says, There is do, or do not.
    Picture of Benjamin Franklin and a caption that says „Aphorist Extraordinaire”
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    ’Ah, all things come to those who wait,’
    So my advice.
    The term aphorism originates from late Latin aphorismus and Greek aphorismos.
    Proverbs, on the other hand, can be much longer than aphorisms and adages.
    What does it mean.
    What am I referring to.

  • Ablissabof

    But Yoda isn’t having it.
    Life is too short to surround yourself with toxic people.
    That’s not what you expected, was it.
    (I say these words to make me glad),
    Not only that, but you can use aphorisms in your writing to summarize your central theme.
    They’re written in countless books and passed down as folk wisdom.
    Guy standing at a bookshelf
    This quote originated from Thomas Howell in New Sonnets and Pretty Pamphlets.
    Check it out.
    Honesty is the best policy.
    He’s earned that title because he’s authored dozens of aphorisms.
    Let’s talk about that.
    Then use it as a guideline to stay focused on your general theme.
    But one key difference is that for a phrase to be truly aphoristic, it needs to be a short statement.
    Early to bed and early to rise makes a man healthy, wealthy, and wise.
    Fall seven times, stand up eight.

  • Ablissabof

    It’s one of the most recognized aphoristic statements today.
    Washington also said, It is better to offer no excuse than a bad one.
    Other Common Examples of Aphorisms
    Now you might be asking.
    It’s time.
    Don’t judge a book by its cover.
    If you do, you agree with George Herbert’s famous aphorism from his book, Outlandish Proverbs.
    It originally read, Count not they chickens that unhatched be…
    Another example comes from Spider-Man, where Uncle Ben turns to Peter Parker and says, With great power comes great responsibility.
    Like George Washington, Sandys believed that telling the truth is always the way to go.
    Want a few more.
    Not good.
    Aphoristic statements also appear in everyday life, such as daily speeches made by politicians and leaders.
    They’re inspirational quotes.
    Your wish is my command.
    It reminds us to take precautionary measures, so we don’t end up with bad results.

  • Ablissabof

    If you can do something, then you need to do it for the good of others.
    Washington’s message was that it’s wiser to be upfront and deal with the consequences.
    It’s easier to do it yourself rather than try to explain it to someone else.
    Today, calling someone a Jack of all trades is usually a jab because it implies that their knowledge is superficial.
    Give it a try!
    But one key difference is that for a phrase to be truly aphoristic, it needs to be a short statement.
    Aphorisms often use metaphors or creative imagery to express ideas.
    The original dictum said, A penny spar’d is twice got, but it’s adapted over the years for modern English.
    Thomas Jefferson also mirrored this general idea when he said, I find that the harder I work, the more luck I seem to have.
    Sandys said, Honestie the best policie, which in modern English is…
    Other Common Examples of Aphorisms
    (I say these words to make me glad),
    And get this.
    An aphorism is a literary device that uses a short, clever saying to express a general truth.
    The early bird gets the worm.
    This quote originated from Thomas Howell in New Sonnets and Pretty Pamphlets.

  • Ablissabof

    Opportunities don’t happen.
    This is especially true if the excuse is a lie.
    Interestingly enough, this saying was initially intended as a compliment.
    Not so much.
    Their direct, witty approach is what makes these self-evident truths powerful.
    Aphorisms are so common that we hardly think twice about them.
    But, the aphorism is short and sweet.
    So what do you do.
    Luke’s having a tough time, and he’s discouraged.
    Let me ask you.
    Sometimes, though.
    Now you might be asking.
    And then.
    How do aphorisms differ from adages and proverbs.
    Your wish is my command.
    Examples of Aphorisms for Success

  • Ablissabof

    But Yoda isn’t having it.
    Picture of Benjamin Franklin and a caption that says „Aphorist Extraordinaire”
    Other Common Examples of Aphorisms
    The Purpose & Function of Aphorism
    Then use it as a guideline to stay focused on your general theme.
    That’s why aphorisms, adages, and proverbs are synonyms for each other.
    Repeat after me.
    It originally read, Count not they chickens that unhatched be…
    Thomas Jefferson also mirrored this general idea when he said, I find that the harder I work, the more luck I seem to have.
    Life is too short to surround yourself with toxic people.
    Oftentimes, it makes sense to delegate tasks.
    Finally, All things come to those who wait is a good aphorism we’re all familiar with.
    There must be a method to your madness.
    Let’s get started.
    But, the aphorism is short and sweet.
    Here’s a classic Japanese saying for you.

  • Ablissabof

    Take a look.
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    Shifting gears a little, let’s talk about one of the world’s greatest aphorists – Benjamin Franklin.
    The original saying was, Eat an apple on going to bed, and you’ll keep the doctor from earning his bread.
    Give it a try!
    Practice what you preach.
    Now compare that proverb to this famous aphorism.
    Fall seven times, stand up eight.
    Luke’s having a tough time, and he’s discouraged.
    This aphorism is short and sweet, but it teaches us a valuable truth.
    Other Common Examples of Aphorisms
    Aphorisms state universal truths about life that encourage reflection.
    So my advice.
    Don’t judge a book by its cover.
    Early to bed and early to rise makes a man healthy, wealthy, and wise.
    Nanakorobi yaoki.

  • Ablissabof

    What am I referring to.
    Aphorism Examples in Everyday Speech
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    They’re easy to remember and pass down through generations because they’re concise.
    So my advice.
    Today, I’ll define aphorism and show you how these handy little sayings make your writing more memorable.
    Your wish is my command.
    The meaning.
    Examples of Aphorism in Politics
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    search bar with „what use aphorism.” written
    Aphorisms can act as a guideline to help narrow the focus of your work.
    They’re written in countless books and passed down as folk wisdom.
    Do you believe that a penny saved is a penny earned.
    Fall seven times, stand up eight.

  • Ablissabof

    The part in Star Wars where Yoda says, There is do, or do not.
    Honesty is the best policy.
    Shifting gears a little, let’s talk about one of the world’s greatest aphorists – Benjamin Franklin.
    It originated from Lady Mary Montgomerie Currie’s poem Tout vient a qui sait attendre.
    But there’s no certain magic to sprinkling aphorisms into your writing.
    How do aphorisms differ from adages and proverbs.
    20 Aphorism Examples
    Don’t count on things that haven’t happened yet because something unexpected could occur.
    Opportunities don’t happen.
    Yup, you guessed it.
    He once stated, If you want a thing done well, do it yourself.
    Why is this stuff important.
    So my advice.
    Are you in.
    See the difference.
    Examples of Aphorisms for Success

  • Ablissabof

    What am I referring to.
    Life is too short to surround yourself with toxic people.
    It’s easier to do it yourself rather than try to explain it to someone else.
    Not good.
    Build a storyline around that saying.
    Truthfully, there aren’t huge differences between the three.
    Brevity is the key.
    Examples of Aphorisms for Success
    Another example comes from Spider-Man, where Uncle Ben turns to Peter Parker and says, With great power comes great responsibility.
    Sandys said, Honestie the best policie, which in modern English is…
    People often use this quote when discussing health, but Franklin was talking about fire safety.
    ’Ah, all things come to those who wait,’
    For example.
    That’s why aphorisms, adages, and proverbs are synonyms for each other.
    Aphorisms often use metaphors or creative imagery to express ideas.
    It’s better safe than sorry, right.

  • Ablissabof

    Check it out.
    Washington’s message was that it’s wiser to be upfront and deal with the consequences.
    The complete quote was, A Jack of all trades and master of none, but oftentimes better than a master of one.
    Not good.
    For example.
    The term aphorism originates from late Latin aphorismus and Greek aphorismos.
    See the difference.
    This famous motto highlights the truism that life is full of ups and downs.
    There is no try.
    Life is too short to surround yourself with toxic people.
    Sometimes, though.
    Now you might be asking.
    Give it a try!
    Too many times to count, right.
    Repeat after me.
    Fall seven times, stand up eight.

  • Ablissabof

    It’s become one of the most viral memes on the internet.
    Washington’s message was that it’s wiser to be upfront and deal with the consequences.
    Interestingly enough, this saying was initially intended as a compliment.
    Today, calling someone a Jack of all trades is usually a jab because it implies that their knowledge is superficial.
    So my advice.
    Aphorisms are so common that we hardly think twice about them.
    Do you believe that a penny saved is a penny earned.
    Nanakorobi yaoki.
    It’s one of the most recognized aphoristic statements today.
    Yup, you guessed it.
    The origins of this saying are open for debate, but it’s primarily attributed to Abraham Lincoln.
    The Purpose & Function of Aphorism
    There must be a method to your madness.
    But not today.
    Guy standing at a bookshelf
    Another aphorism that’s adapted is, Don’t count your chickens before they hatch.

  • Ablissabof

    Examples of Aphorism in Film
    He once stated, It is better to be alone than in bad company.
    That’s not what you expected, was it.
    They’re easy to remember and pass down through generations because they’re concise.
    And get this.
    They’re written in countless books and passed down as folk wisdom.
    Your wish is my command.
    Examples of Aphorisms for Success
    Thomas Jefferson also mirrored this general idea when he said, I find that the harder I work, the more luck I seem to have.
    He once stated, It is better to be alone than in bad company.
    Want a few more.
    (I say these words to make me glad),
    Not only that, but you can use aphorisms in your writing to summarize your central theme.
    But one key difference is that for a phrase to be truly aphoristic, it needs to be a short statement.
    Your wish is my command.
    Fall seven times, stand up eight.

  • Ablissabof

    If you can do something, then you need to do it for the good of others.
    Like George Washington, Sandys believed that telling the truth is always the way to go.
    It’s easier to do it yourself rather than try to explain it to someone else.
    Not so much.
    Build a storyline around that saying.
    But one key difference is that for a phrase to be truly aphoristic, it needs to be a short statement.
    Guy standing at a bookshelf
    Because let’s face it, perseverance is the key to success in life.
    Thomas Jefferson also mirrored this general idea when he said, I find that the harder I work, the more luck I seem to have.
    We’ve all probably had to learn that the hard way.
    Sometimes, though.
    Not so much.
    But there’s no certain magic to sprinkling aphorisms into your writing.
    Let’s get started.
    But, the aphorism is short and sweet.
    Here’s a classic Japanese saying for you.

  • Ablissabof

    Check it out.
    Life is too short to surround yourself with toxic people.
    Oftentimes, it makes sense to delegate tasks.
    This quote came from Wales, first appearing in an 1866 publication.
    Give it a try!
    How do aphorisms differ from adages and proverbs.
    Proverbs, on the other hand, can be much longer than aphorisms and adages.
    It’s better safe than sorry, right.
    If you can do something, then you need to do it for the good of others.
    He once stated, It is better to be alone than in bad company.
    It’s easier to do it yourself rather than try to explain it to someone else.
    Now you might be asking.
    Your stories can benefit from this method too.
    How many times have you heard one of the following aphorism examples.
    See the difference.
    Examples of Aphorisms for Success

  • Alexisreile

    The early bird gets the worm.
    It originally read, Count not they chickens that unhatched be…
    Remember that.
    This aphorism is short and sweet, but it teaches us a valuable truth.
    Finally, Actions speak louder than words is another classic example.
    Let’s talk about that.
    Build a storyline around that saying.
    Today, I’ll define aphorism and show you how these handy little sayings make your writing more memorable.
    Early to bed and early to rise makes a man healthy, wealthy, and wise.
    The meaning.
    Another example comes from Spider-Man, where Uncle Ben turns to Peter Parker and says, With great power comes great responsibility.
    Honesty is the best policy.
    Other Common Examples of Aphorisms
    The original saying was, Eat an apple on going to bed, and you’ll keep the doctor from earning his bread.
    And get this.
    They’re inspirational quotes.

  • Alexisreile

    Aphorisms often use metaphors or creative imagery to express ideas.
    Here’s a classic Japanese saying for you.
    Luke’s having a tough time, and he’s discouraged.
    Have you ever felt frustrated when other people didn’t meet your expectations.
    The complete quote was, A Jack of all trades and master of none, but oftentimes better than a master of one.
    It meant that the person was versatile and adept at many things.
    Build a storyline around that saying.
    That’s why aphorisms, adages, and proverbs are synonyms for each other.
    Guy standing at a bookshelf
    This famous motto highlights the truism that life is full of ups and downs.
    But Yoda isn’t having it.
    Yup, you guessed it.
    He once stated, If you want a thing done well, do it yourself.
    Let’s talk about that.
    Build a storyline around that saying.
    Curiosity killed the cat.

  • Alexisreile

    But, the aphorism is short and sweet.
    This quote originated from Thomas Howell in New Sonnets and Pretty Pamphlets.
    It’s one of my favorite aphorisms because it’s simple but yet powerful.
    Washington also said, It is better to offer no excuse than a bad one.
    Interestingly enough, this saying was initially intended as a compliment.
    Skilled writers use aphorisms to evoke big ideas in a relatable way.
    For example.
    They’re written in countless books and passed down as folk wisdom.
    The early bird gets the worm.
    Nanakorobi yaoki.
    There is no try.
    Napoleon Bonaparte could relate.
    Finally, Actions speak louder than words is another classic example.
    The Purpose & Function of Aphorism
    It’s time.
    Truthfully, there aren’t huge differences between the three.

  • Alexisreile

    Brevity is the key.
    What does it mean.
    The idea is simple.
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    Interestingly enough, this saying was initially intended as a compliment.
    Another memorable aphorism is, An apple a day keeps the doctor away.
    There must be a method to your madness.
    Too many times to count, right.
    Brevity is the key.
    It originally read, Count not they chickens that unhatched be…
    The part in Star Wars where Yoda says, There is do, or do not.
    This is especially true if the excuse is a lie.
    He once stated, If you want a thing done well, do it yourself.
    Why is this stuff important.
    For example.
    Are you in.

  • Alexisreile

    And since they’re universal truths about life, they help persuade your reader to accept your message.
    It originally read, Count not they chickens that unhatched be…
    Keep your friends close, but your enemies closer.
    Picture of Benjamin Franklin and a caption that says „Aphorist Extraordinaire”
    Sometimes, though.
    Why is this stuff important.
    And get this.
    Curiosity killed the cat.
    But, the aphorism is short and sweet.
    Speaking of being safe, that’s another aphorism example that you’ve probably heard before.
    It’s one of my favorite aphorisms because it’s simple but yet powerful.
    Honesty is the best policy.
    That’s not what you expected, was it.
    It originated from Lady Mary Montgomerie Currie’s poem Tout vient a qui sait attendre.
    Pick an aphorism that relates to your message and use it to stay focused on your overarching theme.
    Practice what you preach.

  • Alexisreile

    Take this proverb, for example.
    Fall seven times, stand up eight.
    But Yoda isn’t having it.
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    Shifting gears a little, let’s talk about one of the world’s greatest aphorists – Benjamin Franklin.
    But these days.
    From there, you can build your story around it.
    They’re written in countless books and passed down as folk wisdom.
    Now compare that proverb to this famous aphorism.
    It reminds us to take precautionary measures, so we don’t end up with bad results.
    Take a look.
    Picture of Benjamin Franklin and a caption that says „Aphorist Extraordinaire”
    Interestingly enough, this saying was initially intended as a compliment.
    It meant that the person was versatile and adept at many things.
    Give it a try!
    The term aphorism originates from late Latin aphorismus and Greek aphorismos.

  • Alexisreile

    Aphorisms often use metaphors or creative imagery to express ideas.
    This famous motto highlights the truism that life is full of ups and downs.
    Examples of Aphorism in Film
    Yup, you guessed it.
    That’s not what you expected, was it.
    ’Ah, all things come to those who wait,’
    Aphoristic statements also appear in everyday life, such as daily speeches made by politicians and leaders.
    What is an Aphorism.
    20 Aphorism Examples
    Here’s a classic Japanese saying for you.
    What am I referring to.
    This is especially true if the excuse is a lie.
    Interestingly enough, this saying was initially intended as a compliment.
    (I say these words to make me glad),
    Build a storyline around that saying.
    An aphorism is a literary device that uses a short, clever saying to express a general truth.

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