NEWS

08Sep
2020

The process and essential elements of a police check

The process and essential elements of a police check

It may have happened to all of us that we were stopped by a police officer for a roadside check. In case of a police check, we may be anxious even if we know we haven’t violated any rules. In our article, we have collected the itemized information whose knowledge may be important in connection with such an event.

Who and why can the police check?

They can check people whose identity needs to be verified

  • in order to protect public order, public security,
  • to establish the lawfulness of their stay,
  • during traffic control inspections.

During a roadside check, the police officer may ask you to prove your address and place of residence with an official card. All documents officially proving our place of residence or identity must be accepted by the police.

Further data to be verified: name, place and time of birth and mother's last and first name of birth, existence and validity of a driver’s license.

In addition to the above, they can check the validity of the technical exam of your car and its suitability for safe driving.

We cannot refuse to verify our data. The data provided as the subject of the check can be recorded by the police officer, however, if they are not used in infringement proceedings, they must be deleted after 180 days.

If the person subject to the check refuses to cooperate, the police officer may arrest him or her for the purpose of the check, but this measure may last only for the time necessary to establish his or her identity.

Sometimes you can hear the “You know why we stopped you, don't you?” question. But the answer must be given by the police officer. A police check cannot happen for no reason, there must always be some reason. If we have committed an infringement, the reason for the stop is understandable. However, if we do not understand why we were chosen, the reason may be a simple roadside check.

There are actions when the use of a child seat or seat belt or alcohol consumption is checked. The bulb set is no longer a mandatory accessory, but we are responsible for the proper operation of the lighting.

It is good to know that a police officer can search a vehicle if it is necessary to establish identity or suspects an infringement.

It is important that the roadside check is carried out in a place where both the police officer and the person subject to the proceedings can be safely present.

 There are also formal rules for a police check. The above detailed the obligations of citizens. At the same time, the police officer must also adhere to the regulations.

  • They are required to wear an identification badge with the police officer’s identification number on it. This information must be released by the police officer.
  • The police action begins with a greeting and a proper addressing.
  • The police officer is obliged to state his or her name, place of service, fact and purpose of the measure verbally.             
  • The police officer must provide information on the possibility to lodge a complaint under the law and where and in what form the person subject to the procedure may lodge the complaint.

The complaint can be made at the police station carrying out the check, or from 27 February 2020, complainants can send their petitions to the Commissioner for Fundamental Rights - to the postal address 1387 Budapest, Pf. 40 or to the e-mail panasz@ajbh.hu - or they can submit their complaint in person at the customer service at 1054 Budapest, Vértanúk tere 1, telephone number: 06-1-798-3686 and 06-1-790-6886, respectively.

At the same time, if we follow traffic rules, don’t drive a car under the effect of alcohol, fasten our seat belts, and don’t use a cell phone while driving, we can minimize the chances of being checked.

Let us never forget that the police officers are doing their job. It is in the common interest of a quick check to grant mutual respect. Following the principle of “one good turn deserves another”, the check can be over sooner.

 

Author: Endre Deáki—ALD Head of Technical, Body Repair and Invoicing

Author: Endre Deáki - ALD Head of Technical, Body Repair and Invoicing

Source: player.hu