If you are pulled over during a STOP operation, do you know your rights and duties? Don't let yourself be surprised. Find out in this article
As in many other areas, roadside inspection is also a reality, which many drivers know as operation STOP.
These enforcement actions have as their main objectives the regulation, control and prevention of road accidents.
At times like the present, when the state of emergency is in force and the duty of containment is imposed, these operations serve to verify the legality of certain movements, among other aspects.
However, in normal situations, drivers may encounter STOP operations at strategic points, aimed at certain specific purposes. Such as:
Promoting accident prevention and driver safety;
Informing about ongoing road safety campaigns or route changes, for example;
Document inspection, both of the vehicle and the driver;
Notifying traffic infractions, in places with high incidences through radars, for example.
Regardless of the reason or circumstance, the signaling from a police officer should always be respected, so the driver should slow down and comply with what is being indicated by the officer.
This is the first behavior that the driver must adopt and comply with in a STOP operation. Besides this, there are other rights and duties associated to the driver in these situations, which we will develop throughout this article.
STOP OPERATION: RIGHTS AND DUTIES OF THE DRIVER
Rights
According to the Portuguese Constitution, all citizens have rights and duties recognized and protected by the Constitution.
In this case, during a STOP operation and as a road user, these rights are no different and must be respected. They are
Principle of Equality
No one can be privileged, benefited or prejudiced because of their ancestry, race, sexual orientation, social condition, religion, and among others. In this sense, all people should be treated with equality, respect, and courtesy.
Privacy
The police cannot search the vehicle without the citizen's voluntary authorization, since the law states that searching the car is an invasion of property and privacy.
However, if there are indications of criminal practice, seizures are authorized, ordered or validated by the competent judicial authority.
Balloon test
This is perhaps the most common action of a STOP operation. When the test is negative and in accordance with the law, the driver has the right to continue his trip, if all other enforcement actions are also completed and in compliance with the legal procedures.
If the test detects alcohol and the value is above legality, you have the right to ask for a counter test.
Note: The law establishes that the drivers must pay for the tests and eventual trips to the hospital for a counter-test.
Identification
As we mentioned at the beginning of this article, it is important to have your documents with you. However, if the driver does not carry one or more documents with him, he will be fined from 60 to 300 euros.
Even so, drivers are entitled to present the documents within eight days to the designated authority. In this case, the fine is reduced to 30 to 150 euros, according to article 85 of the Highway Code.
It is important to have the notion of respect between drivers and law enforcement officers. If the abuse and use of force by the authority is not allowed, it is also necessary that drivers are aware of their civic duty on the roads.
This is precisely one of the first lessons when you get your license. We must all prevent and avoid excesses so as not to endanger other drivers.
Duties
Regarding the duties of the driver during a STOP operation, always keep in mind what you learned in class when you were getting your driver's license, you are not the only driver on the roads. Your duties are
Defensive driving
You should practice safe driving and refrain from disrespecting other road users.
Stop operation
During the operation you should behave in an exemplary fashion towards the authorities. When a police officer with authority to regulate and supervise traffic gives the indication to stop, you must obey.
Otherwise you will incur a serious offense, as mentioned above.
Policing
After the stop the police officers will take the necessary steps, check your documents, and you will be tested for the presence of alcohol and/or other substances.
If you refuse to carry out these actions you incur in a crime of disobedience, punishable by disqualification from driving from three months to three years, according to article 69 of the Penal Code.
If everything complies with the Highway Code, the competent authorities will let you continue your journey. Finally, if you feel that your rights and duties have not been respected, know that there are deadlines and places where you can complain.
POST STOP OPERATION: WHEN AND WHERE TO COMPLAIN
In this case, you can and should file a complaint with the Inspectorate General of the Internal Administration (IGAI), since this is the entity that controls the acts carried out by elements of the security forces and services.
Thus, you can file a complaint:
By electronic means;
By registered letter;
In person at the IGAI premises.
You may also go to court, filing a criminal complaint and requesting compensation for damages caused, if you feel that there was disrespect for your rights and duties during the STOP operation.
In short, follow the path of civism in all situations you encounter while driving.
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