Lawyer questions use of roadblocks by Highway Patrol

The lawyer Rodolfo Mendoza shared a video on social networks in which he interrogates a police officer. Highway Patrol about illegal procedure.

In the video you can see how the lawyer referred to Law 5,016 and questioned the man in uniform about the discipline because it was not a violation. The officer said that he intended to check whether all the driver’s documents were up to date, and Mendoza confirmed that the procedure was illegal due to disappointment.

“I will tell you why we are cutting a lot of vehicles. To find out if there is a violation or not, because there are many people who do not obey our traffic law, they walk without a seat belt, their driver’s license has expired, etc. ,” the officer said at another point.

The lawyer then asked if discipline referred to prevention and the officer said it was about “prevention and punishment”.

The lawyer then asked if a ban could be done through advertising campaigns and the official replied “Everything has already been done in his time, sir, many times.”

“What I’m here to tell you is tell your boss, don’t stop me again unless I’m breaking because the next time they stop me I have to tell the Prosecutor’s Office ,” the lawyer told the officer, who replied that “everyone has their own way of thinking, so you and I have their own way of thinking.”

“That’s wrong, the constitution isn’t made that way,” the lawyer said.

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In a conversation with Última Hora, Mendoza said that he travels regularly and that he is stopped up to five times in each trip, both by the Highway Patrol and the National Police.

“You pretty much circulate as if you were a terrorist in the Republic of Paraguay. It is constant harassment that no citizen deserves,” he said.

The legal professional mentioned the obstacles and pointed out that the internal traffic regulations of the Highway Patrol talk about “in case of a violation” while the law 5,016 refers to what is appropriate for him violators. “The Penal Code is for those who break the law, the Penal Code cannot be applied as long as I don’t break the law,” he said.

Likewise, he said that Law 5,016 must be applied in two situations, one of them, for driving incorrectly. “This is also provided in the Penal Code, being exposed to danger in land traffic, in 217,” said Mendoza.

“The organic traffic law talks about wrong driving, so if I’m driving wrong and a police officer sees it, they can stop me because I’m ‘ represent a risk to third parties,” he explained.

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The second case would be when there is an obvious interruption, such as turning off the light, etc.

The lawyer said that the law is used in an irresponsible way, that the agents stop the drivers and ask to see the registration, protected by article 50 of the law 5,016 of the “Heritage to present documents”, and if one does not present the register commits a serious offence.

“If I unfortunately become part of a traffic incident procedure, where a third party is injured and it is proven that I am really at fault, that would not only be a factor worse but it could also have criminal consequences,” the lawyer said. .

Mendoza said that “citizens must be treated as human beings” who need to move freely and that the highway patrol is removing the ban.

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The lawyer believed that one of the main problems surrounding the barriers refers to the high fees.

Mendoza presented as an example a situation where a minimum wage driver and father of three children, driving through Chile, forgets to turn on the lights after leaving a service station and received a fine for that about G 900,000. “Do I eat or take food from my children?” he asked.

“The system is upside down, legislators are being used to impose very high fines. We have very high registration costs, so how can we be legal I’m talking about the common minimum wage worker. He can’t get to the law and he can’t pay a fine, so they force him to do a bribe,” considered the lawyer.

Related note: A fine of more than G. 500,000 for an expired license: Will Caminera be able to keep cars?

“The problem of the country is not directly the citizen and the irregularity, it is the fault of the high fines that it is impossible for an ordinary citizen to adhere to when they are at fault,” he said.

As a possible solution to this situation, Mendoza suggests that the fines will have a lower amount, from G. 100,000 to G. 150,000 and that they could even be collected immediately.

“I can be sure that the citizen will pay that fine happily and you will see that money will be collected three times more than what is being collected under charges,” he said.