It has begun for road users to know that

“Violating the traffic rules”, in addition to having to pay fines, must also be deprived of points for driving behavior.

Causing the opportunity to risk being ordered to suspend the license accordingly

This measure has been effective since January 9, 2023, by virtue of

Road Traffic Act 1979, Section 142/1 by requiring a license score of 12 points, "Those violating traffic rules will be immediately deducted from 1-4 points" if cut down to 0. Points will be banned from driving all types of cars for 90 days.

But the principle of practice has some issues that "people" misunderstand the facts quite a lot, especially in the case of car owners who have already lent their cars to others.

"Violating traffic rules" until the electronic ticket can deny the accusation.

And can the points be cut? Komphet Chanpum or Attorney Aod, chairman of the village lawyer network, said

According to the principle, “Any driver who fails to comply with the provisions

Traffic Act” will be a criminal offense punishable by fines and imprisonment.

which is a measure to control the use of roads to comply with the law for

“The deduction of driving license points” is in accordance with Section 142/1, requiring the Royal Thai Police to set up a recording system for traffic violations.

If all points are cut

"Police commander or delegate in each locality" ordered to suspend his driver's license for 90 days to attend a training course for repeat offenders.

“Additional measures other than arrest and fines” that have been applied to those offenders

For this reason, the process of deducting points must have violated traffic rules first, and then the "traffic police" will issue a ticket for the driver to pay a fine.

And deduct points for driving behavior, divided into 2 methods: the first method ... "offense" when the traffic police find themselves that

“Real traffic violations by drivers”, for example, the police are tightening traffic discipline.

Then it appears that "the driver commits an offense", whether it is without a driver's license, not wearing a helmet, stacking more than 2 motorcycles, violating traffic signals, or driving on a prohibited route. wrongly issued a ticket to pay a fine at the police station in the area where the incident occurred

Ready to be recorded, cut off points for driving behavior immediately

The second way...“detecting camera offenses” whether it is a speed camera.

Cameras detect violations of traffic signs according to the time specified by law. "Traffic Police" will issue a ticket to offenders to pay fines, sent by registered mail with 15 days of receipt. PTM

If it appears that "the period specified in the warning card has not been paid" will result in further deduction of driving license points and the information of the offending vehicle will be sent to

"Department of Land Transport" refrain from issuing the annual tax payment mark first.

"Traffic police from inspector up" will issue a summons to summon the accused to pay the fine twice.

Passed without coming under the summons will be considered.

“Not following

Traffic Act.” Speaking in the language of villagers, it is

As such, investigators must proceed under the Criminal Code to apply for court approval in the jurisdiction where the arrest warrant was issued.

In addition, that person may appear as a summons and deny the offense is the right to do so.

The important issue is that

“Procedure for requesting an arrest warrant” The investigator has a duty to prove in collecting evidence until the court believes that

"That person actually committed an offense and did not pay the fine according to the charges in the order" to lead to the issuance of an arrest warrant with him for interrogation.

and continue to prosecute

As for the statute of limitations, "violation of traffic rules, the penalty rate of not more than 1 month" is not more than 1 year since the offense occurred.

Therefore, the police can always find a person with an arrest warrant and send them to the investigating officer who owns the case.

But if you can't catch him in 1 year, the "case of statute of limitations", even if the owner of the car is found, he can't be detained again.

causing issues to be considered.

"With the principle of punishment for criminal offenses" which is a penalty that cuts off freedom for that person to feel guilty

“The law requires that the offender really be punished,” so the evidence from the camera can only see the license plate.

Would "can't identify the driver at the time of the apparent offense" enough to convince the court that the owner of the vehicle was guilty?

Because of "The owner of the car may lend to other people to drive" and then accidentally breaks the traffic rules like this

“Applying for an arrest warrant” The police may have to mobilize to search and collect evidence to support the indication that

"While committing traffic violations, who exactly is the driver of the car?"

“That person has really committed a crime.”

because if "sent to court" in doubt, may have to give the benefit of doubt to the defendant

But if the police have evidence to identify clearly even

"The offender denies" the court may consider the punishment according to the evidence.

Another noteworthy case

"Expenses for prosecuting the person who refuses the order" If starting from the issuance of a summons delivered by registered mail with a response of 2 times, 16 baht per time, then there are rumors that

“Traffic police must strictly arrest 10 traffic violations/day/master”, which means that a summons delivery fee is 9,600 baht/month/master.

Even more problematic is the rumor that

“The government has allocated a budget for organizing a summons by mail at 5 baht/case.” The rest of the investigators

Or the traffic police have to take out personal money to pay for themselves.

And then there are also investigative expenses, gathering evidence.

Including bringing the case to the prosecutor to sue the court again "every step" all costs

For example, in the case of “a woman who violates traffic rules, a fine of not more than 1,000 baht”, a police station in the 8th district

order by mistake

"The woman denied the charges" causing the police to collect 10 witnesses and submit a petition to the court to change 3 more prosecutors. In conclusion, this case had to lose more than 10,000 baht in the budget.

And there is another question

"If the owner of a car who lends a car to someone else violates traffic rules, is there an offense as well?" According to the intent of the law,

"Punish the offender directly" for this reason, when the lender does not intend to borrow the car to commit an offense

“There will always be a right to refuse” as in the case that I see often.

Most of the “rental tents” always check the license before renting a car.

Also, sometimes “the tenant drives in violation of the traffic rules” there is an electronic ticket that follows later.

“Landlords often deny it.”

and cut the score further

unless

"The owner of the car was sitting together and the borrower violated traffic rules at that time." In this manner, the owner of the car will be involved in the offense together according to Section 83 of the Criminal Code.

Emphasizes that this driver's license point cutting measure

“Can only be done by the person who pays the fine”

Or the person who denies the accusation” The police may not be able to cut that score until it proceeds to

"The process of fighting in court" for the court to consider whether the circumstances are true offenses according to the allegations or not.

Therefore, "the allegation of prescription of offenses

In the event that the driver refuses, it still looks like a case accused by the police by issuing the ticket even though there is evidence that can be heard.

"But it's not the final verdict of the court." Therefore, it would be impossible to listen to the accused's driver's license score.

According to the criminal justice process, it is presumed that

“That person remains innocent until the final verdict of the court as the true offender.” When the case is not final, it must be protected under this constitutional law.

Causing the accused to refuse that ticket can always fight the case in the judicial process