I drove at 50 km/h – permitted speed limit in a populated area. The traffic police stopped me and informed that the speed limit was exceeded. I asked to show the speed displayed on the radar, but the police officer informed me that he used a built-in radar and he’s not obliged to show it. After that a report-decision was drawn-up for the imposing of the fine. I would like to know whether such actions of the police are lawful?

A person who is subject to administrative liability has the right to become acquainted with all the materials of the matter, as well as with the evidence upon which the decision is taken. The radar information is considered essential evidence in this case.  

According to Section 61 of the Administrative Procedure Law, a participant in an administrative proceeding has the right to become acquainted with the matter and express his or her opinion at any stage of the proceedings. According to Sections 260 of the Latvian Administrative Violations Code, a person who is subject to administrative liability has the right to personally, as well as with the assistance of a representative, to become acquainted with all the materials of the matter, provide explanations, submit demands and express requests. Section 62 of the Administrative Procedure Law also prescribes that, in deciding in regard to the issuing of such administrative act as might be unfavourable to the addressee or a third party, an institution shall clarify and assess the opinions and arguments of the addressee or the third party in such matter. 

By depriving you of your rights the police had violated the law, which is the reason to appeal the decision for imposing a fine in the administrative court. When appealing the decision of the police you shall ask the police to show to court the videotape that was recorded by the radar and that can prove whether there was or wasn’t a violation of road traffic regulations. If there were friends of yours in the car they can also testify that the police refused from showing you the radar indications.