"Holding back until it collapses, is it not urgent to be anxious?" Huizhou, Guangdong, at 1 a.m., Xiao Deng really couldn't hold back, stopped and urinated in the Huida high-speed emergency lane, and was fined 200 yuan by the traffic police, and scored 6 points.

"Holding back until it collapses, is it not urgent to be anxious?" Huizhou, Guangdong, at 1 a.m., Xiao Deng really couldn't hold back, stopped and urinated in the Huida high-speed emergency lane, and was fined 200 yuan by the traffic police, and scored 6 points. Xiao Deng: I have low blood sugar, and parking is an emergency.

(Case source: Huizhou Intermediate Court)

People have three emergencies, emergency lanes, do not use at this time, when to stay? Is what Xiao Xian said legally justified? #普法行动 #

50-year-old Xiao Deng entered the truck transportation industry as a truck driver for many years, because this batch of goods is more urgent, only at 1 a.m. to drive, according to Xiao Deng, when he drove the van to the Huida Expressway, suddenly felt unwell, because he had low blood sugar, stopped to eat something, then was called off by the traffic police to make a penalty.

The traffic police said that during the patrol, They found that Xiao Lantern stopped in the emergency lane, people urinated outside the guardrail, the truck did not turn on the double flash, and no warning signs were placed.

Although the two sides have different opinions about the reasons for parking, there is no objection to the fact that the emergency lane is parked. After Xiao Deng was punished, he felt that he did have special circumstances and that the administrative organs must be flexible in enforcing the law, so he appealed to the court, hoping to get a reply.

Xiao Deng raised three questions about the law enforcement behavior of the traffic police brigade:

1. I drove to the scene of the incident, suddenly appeared dizzy, shaking hands, cold sweat all over the body of the symptoms of low blood sugar, felt extremely unwell, has been unable to drive the truck safely, I immediately parked the truck in the emergency parking lane.

I am a full-time truck driver, driving a vehicle on the highway all year round, eating irregularly on weekdays, poor physical health, having a family history of diabetes (providing hospital diagnosis certificate), and it was in the early morning, driving vision is not good, in this emergency situation will stop at the highway emergency parking lane, just to protect myself and others.

2. The traffic police brigade provided a situation statement, saying that the law enforcement recorder was in a state of no power shutdown due to the long-term use of the battery power, so it failed to record the law enforcement process. The traffic police brigade did not combine the actual situation of the day, nor did it allow me a reasonable time to defend, which is a violation of legal procedures.

3. The traffic police directly issued a ticket on the highway without guiding the vehicle to a safe place, and as a law enforcer, the administrative act was obviously improper in disregard of safety factors.

The traffic police brigade said that Xiao Deng did not say that he was unwell when he was punished, and now the diagnostic certificate provided now has a problem with the form of love, which cannot prove that the occupation of the emergency lane is due to physical discomfort.

The court of first instance explained Xiao Deng's doubts:

In the process of patrolling and enforcing the law on the highway day and night, the traffic police cannot guarantee the conditions of use of electronic technology equipment.

If the electronic equipment is exhausted, the law enforcement of the traffic police mainly punishes according to the illegal facts found at the scene, and does not violate the provisions of laws and regulations.

The court further explained that judging strictly by the main evidence is insufficient and the evidence is conclusive, the traffic police will be helpless in the face of a large number of actual illegal acts, and although the more "severe" punishment of the relative person will cause certain losses to the interests of the relative, it is in essence a real protection for the life and property safety of the person, other people and the public.

That is to say, the court wanted to consider the social effect of protecting public safety and the safety of life and property, and rejected Xiao Deng's appeal.

Xiao Deng was not satisfied with the interpretation of the court of first instance and appealed:

1. Physical discomfort and internal emergency are actually "emergency", and the determination that Deng Zhongrong stopped in the emergency lane under non-emergency conditions was a judgment made when the facts were not clear.

2. Did the law enforcement recorders of the two policemen on official duty in this case not have electricity? The fact that the traffic police brigade did not have the main evidence of law enforcement video has been determined, but out of the maintenance of public power, a judgment was made to determine that the punishment result was legal and valid when it was known that the law enforcement process did not comply with the statutory procedures.

3. Administrative power cannot be abused. Only by standardizing the use in strict accordance with the legal procedures can we better protect the legitimate interests of citizens. If the legitimate interests of citizens are harmed by simply protecting the administrative power, then the administrative power will lose its value of existence.

The Court of Second Instance held that:

The key to this case is whether Xiao Deng's act of stopping in the emergency lane of the highway is in line with the situation that can be exempted from liability for "emergency".

From a legal point of view, the law only stipulates that when a motor vehicle fails on the highway, the vehicle can be parked in the emergency lane, and the driver should immediately set a warning sign 150 meters away from the direction of the faulty car and quickly report to the police.

Shaw lights did not set warning signs, nor did they alarm.

Logically, as a professional truck driver, Xiao Deng should know that it is illegal to stop in the emergency lane to replenish food.

In the case of knowing that you have a history of hypoglycemia, you should make corresponding preparations for prevention before leaving the car or in the service area in the middle of the car.

The certificate of hypoglycemia issued by Xiao Deng afterwards could not prove that he had hypoglycemia symptoms at the time of punishment and that his body had reached the state of not being able to drive the vehicle to the next service area or drive out of the highway exit to replenish food.

Therefore, even if the situation of parking and urinating described by the traffic police brigade is not considered, the xiao lantern behavior in this case cannot be found to be an "emergency" situation that can be exempted from liability.

The first-instance judgment was eventually upheld.

In view of Mr. Xiao's special situation, do you think that Mr. Xiao is excusable, or is the court's theory more convincing to you?

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