There are 3 common indirect offenses in the Traffic Ordinance –
- Section 47 (d) – Detour in an unavailable road.
- Section 47 (e) (1) – Indirect when “visual impairment or field of vision is blocked or restricted”.
- Section 47 (e) (5) – Detour while crossing a continuous dividing line.
Detour on an unavailable road It is the most serious offense of the offenses and accordingly carries with it a minimum penalty of 3 months actual disqualification for the driver’s license.
The offense refers to a case where the driver has a sufficient field of vision and even though he sees that the road is not clear he decides to make a detour.
This is a dangerous detour, since the objective conditions do not allow the detour to be completed safely and therefore the driver is in fact indifferent to the results of the dangerous detour.
Detour when “visibility is impaired or field of vision is blocked or restricted”, This is an offense of lesser seriousness and is not accompanied by a minimum penalty of actual disqualification.
In this case it is not a driver who shows indifference to the results of the detour, but a negligent driver, since a driver “from the locality” who would drive in his place would not perform the detour under such severe conditions of “impaired vision or restricted or restricted field of vision”.
Detour while crossing a continuous dividing line, The prosecution must prove that the driver of the vehicle wanted to cross the continuous separation line – and that only. There is no disqualification obligation.
In the case of indirect detours on an unavailable road while crossing a continuous dividing line, the legislature set a minimum disqualification of three months as an expression of the seriousness of the offense. The accuser / police often request even a longer disqualification than the minimum disqualification based on the defendant’s traffic history and the severity of the act. The traffic courts of course have the authority to impose penalties that include actual imprisonment, probation, disqualification of driver’s license, conditional disqualification, onerous fines and more. In addition, it should be borne in mind that in addition to the detour offenses, there are points that accrue in the drivers’ registry at the Licensing Office, which may lead to the completion of courses up to the disqualification of the driver’s license and the requirement to renew a driver’s license.
Administrative disqualification Disabling a vehicle and disqualification until the end of the proceedings
A police officer is given legal authority to revoke the license and / or confiscate the vehicle of a person who allegedly drove while overtaking on a busy road and crossing a continuous dividing line for 30 days, subject to a hearing procedure in which the driver can present his claims to the officer making the decision.
Recently, he approached the office of traffic attorney Noam Confino, a driver who was filed an indictment of a detour type in an unobstructed manner and asked to be represented in the case. An indictment was filed against the defendant (NPA 5002-10-20) in the Jerusalem Traffic Court.
After examining the investigation material, a number of controversial points were discovered, including the police officer who enforced the offense, did not specify the distance between the police car and the defendant’s vehicle at the time of the offense, did not specify the route until the vehicle stopped (failure for continuous eye contact). Separated the mobile from the defendant’s vehicle at the time the offense was committed.
The prosecution, which sought to revoke the defendant’s driver’s license beyond the minimum disqualification of 3 months, granted the attorney’s request to amend the indictment, due to the evidentiary failures, so that he will be convicted of reckless deviation. Ended with a fine of 1,000 shekels and no points.
If so, the best way to deal with indirect type offenses is to contact an attorney who specializes in the field, who may prevent the disqualification of the driver’s license, and remove the points on the offense side.
Lawyer Noam Confino Deals with traffic law, drunk driving offenses, license disqualification, scoring method in the licensing office, road accidents, driving disqualification, license revocation, Ministry of Transportation files and more. Article courtesy Lawyer’s website for revoking driver’s licenses LawGuide.
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Source: Maariv.co.il – חדשות מהארץ והעולם by www.maariv.co.il.
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