How should car owners protect themselves when they encounter porcelain on behalf of their drivers?

I think the best way is to record the video directly, call the police immediately after comforting the injured, and let the police solve it.

To protect yourself first, first of all, when you contact the driver, you should save the call record and recording with him, or save the screenshot of the chat, and then you can call the police and hand it over to ** for processing.

I think I should still go to the police to deal with this, after all, professional people do professional things.

When this kind of thing happens, if there is no dash cam installed in the car, it is best to call the police to solve the most rational problem.

If you really meet the substitute driver, first you have to calm his emotions, and then negotiate with him, and then be sure to keep the evidence of your negotiation, which can strongly prove that they committed the crime, and then call the police.

First comfort the driver and send him to a safe place, and then negotiate compensation on the premise of ensuring his own safety, or call the police to deal with it, and try to keep the evidence of the transfer.

The car mainly uses the relevant laws to protect itself according to the law, and at the same time pay attention to the monitoring on the road, and do not entangle with him, call the police directly, and keep the direct evidence that you and the driver are in contact with it, so as to facilitate the processing.

If you find a substitute driver after drinking, and you also encounter a substitute driver, the best way is to call the police directly, and then provide relevant strong evidence to **, which can prove that you were touched by the substitute driver.

At this time, please keep an eye on it, don't take chances, the best way is to keep evidence, be vigilant, ensure your safety, and then call the police.

In this case, the best way is to call the police and leave relevant evidence on the premise of ensuring your personal safety.

Don't be too nervous when you encounter porcelain, because there is a dashcam on every car, as long as you don't do too much, the dashcam is all evidence, and in the end you take this evidence to prove that he touched porcelain, and then you have to give you chat evidence of contact with the driver.

You can complain to him about the truth by taking pictures and other forms, and be sure to keep the evidence of your contact with the driver, so that you can make a reasonable deal with it, and protect yourself, and then call the police.

1. The division of labor between the two people who pretend to be the driver and the porcelain toucher, the substitute driver will put on the vest of a certain driving company near the door of the hotel and restaurant, and take the initiative to ask the person who drinks whether he needs to drive on behalf of the person, so that he can make a noise to avoid exposing the real identity information through the platform dispatch, so everyone must place an order through the regular platform to drive the demand.

2. The impersonated substitute driver will take the initiative to communicate with the owner in the process of "substitute driving" and obtain the owner's information. If it's a civil servant or a car owner with a relatively large business, they will increase the amount of extortion, because they know that you won't rent these tens of thousands of yuan, and you don't even want a job or business.

3. If the owner of the car or the person pretending to be the substitute driver does not take the initiative to end the substitute driving service near the destination, the accomplice "has no way to cause a traffic accident, because this accomplice" has followed the owner's car all the way from the beginning.

4. Once the traffic accident is successful and the owner gets out of the car, the accomplice "will threaten the car for drunk driving, otherwise the police will be called." Most car owners are afraid that they will be found drunk driving by the traffic police, so they can only agree to the unreasonable conditions of high compensation from the other party.

This incident tells car owners not to drink as much as possible, otherwise you only need to find a substitute driver, and it is very likely that you will be pitted by the substitute driver.

When encountering this kind of thing, we must be vigilant, and don't go driving after drinking, this kind of price is also unprofessional.

To tell these car owners, be sure to install a dash cam. And you must pay attention to your own driving, and you must also pay attention to the process of driving, and you must also pay attention to keeping a distance from the car in front of you.

It is understood that a man placed an order on the driving platform and drove the car into the self-driving space of the community, and the man also paid the driving fee, but the man found that the passenger door was too close to the right car and could not get out of the car normally, so the owner asked the driver to move the car to the left to facilitate him to get out of the car, but the driver refused the owner's request, and said that the driving service has ended, if you need to move the car again, Need to pay a service fee of 1,000 yuan, the owner refused on the spot, and asked the driver to get off the car.

After the driver got out of the car, the man stepped from the passenger cab to the main driver's seat banquet button, because he was not very calm after drinking, he started the car and drove the car out of the parking space to park the car again, but at the moment of driving, the driver had already raised his mobile phone to shoot the man**, when the man parked the car, the substitute driver, and said that there was evidence of the owner's drunk driving and asked the owner to give 2000 yuan, otherwise report to the traffic police, the owner himself did not have the same, and went to grab the driver's mobile phone, so the two sides had a conflict, The owner of the car also immediately called the police, and immediately rushed to the scene for disposal.

According to the owner, the reason why the driver chose to do this is because Shenzhen can get a reward of 2,000 yuan for reporting drunk driving, and the driver has reported 4 cases in a row within a week, which proves that this price must be a habitual offender, they often drive the car to the parking lot door to stop driving, many car owners will drive their cars into the basement and drive, the master will pick up the mobile phone next to record the owner's drunk driving, and then threaten the owner to give money, if you don't give money, report the owner drunk driving, This kind of behavior is also very shameful.

Now some costs are used to the extreme in order to obtain higher benefits, and I think that this kind of behavior must be severely cracked down. But at the same time, it also warns us that other car owners must not hold a fluke mentality, and never drive after drinking, which is also responsible for their own life safety.

The warning car mainly has a sense of safety precautions, to keep sober, not to provoke the law, and to call the police in time when the rights and interests are infringed.

The driver caused the owner to pay a heavy price, he was not only revoked his driver's license, but also received criminal punishment, although Wei Kai was released on bail pending trial, but left an indelible stain on his life history. This incident warns all car owners that they must have a sense of safety precautions, even if they call a substitute driver, they must keep a clear head, and don't let themselves get drunk. Only in this way can we make the right choice and judgment when we encounter troubles and disputes, and can we use the most correct way to deal with things.

The incident also serves as a warning to all car owners not to defy the law. The owner knew that he didn't drive after drinking, so he found a substitute driver for safety, but he didn't expect to find an unreliable price and encountered a collision. After everyone sent him to the parking lot, the car owner paid the driving fee in the car, but after the driver got out of the car, the owner found that the location of the car was wrong, and he could not open the co-pilot's door, and asked the driver to help him park again, but was refused, and the other party claimed that he wanted to park again and needed to pay 1,000 yuan, which is a typical extortion.

When the substitute driver makes illegal requests for extortion, the owner should choose to call the police, and should not have disputes and disputes with the substitute driver, and even move from the co-pilot to the driver's seat, re-ignition of the fire, start the vehicle and park the car, but this scene was filmed by the substitute driver and reported directly to the local traffic police. When the traffic police arrived at the scene, they found that the man was indeed drunk driving by checking the surveillance, so he was punished, he was suspected of drunk driving, which has constituted a criminal offense, not only was his driver's license revoked, but he would also be punished by criminal punishment.

This incident warns the owner to use the law to protect himself when encountering extortion again, and to call the police in time**, the owner should not let the driver leave when there is a conflict with the driver, and should call 110 in time, and ask the police to arrive at the scene to deal with it. After the police arrive at the scene, even if they will not punish the substitute driver, they can help the owner park the car, and the owner will not be punished if he does not have to move the car after drinking.

You may not be calling a substitute driver, but a "price". Recently, the topic of "driving on behalf of porcelain" has aroused heated discussions among netizens.

Driving on behalf of the car owner to blackmail the owner to ask for money, in fact, he is "robbing while drunk", suspected of extortion, can be punished according to the amount of extortion, the circumstances, or even criminal punishment. If the owner encounters this kind of "porcelain", if the person is sober, he can save the evidence and call the police in time; Even if it is inconvenient at the time, you can call the police or find the platform involved to protect your rights afterwards.

It is necessary to crack down on "robbery while drunk". So can a drunk car owner in this situation get legal forgiveness? My answer is yes.

The crime of dangerous driving is a crime stipulated in Article 133-1 of the Criminal Law in the 2011 Amendment (VIII) to the Criminal Law, which refers to the act of driving a motor vehicle on the road to chase and race, the circumstances are heinous, or the act of driving a motor vehicle while intoxicated. Since the law requires "chasing and racing" with the suffix "aggravating circumstances", and does not have such a suffix for "drunk driving", there is a statement that "drunk driving should be criminalized" as long as it meets the standard of drunk driving, and I have written an article to support this view.

But now it seems that this view is one-sided. Because Article 133-1 of the Criminal Law is only a sub-clause, it is still subject to the provisions of the General Provisions, and it is not possible to see the forest without seeing the trees. Article 13 of the General Provisions defines the crime as such, which can be abbreviated as:

All conduct that endangers society and should be punished in accordance with law is a crime, but where the circumstances are obviously minor and the harm is not great, it is not considered a crime.

Take the previously announced case of driving on behalf of the police as an example, Wang did drink and drive for a short time. However, because he subjectively has a sense of safe driving, he objectively found a "substitute driver"; Most of the whole journey is completed by "substitute driving", which significantly reduces the danger to public safety; His behavior of "drunk driving" for a short distance was also caused by being set up by the person who touched the porcelain. Based on a comprehensive judgment, Wang's "drunk driving" behavior should meet the requirements of "the circumstances are obviously slight and the harm is not great", and should not be found to be a crime in accordance with law.

In addition, the "Sentencing Guiding Opinions on Common Crimes (II)" issued by the Supreme Court in May this year stipulates that: "For defendants who drive motor vehicles while intoxicated, if the circumstances are obviously minor and the harm is not great, they shall not be convicted and punished; Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived. ”

Obviously, this can be regarded as an authoritative authority's public rejection of the "criminal punishment for drunk driving", but the "Opinions" are currently only piloted in eight provinces and cities such as Tianjin and Liaoning, and have not yet been fully implemented. However, the attitude of the Supreme Judicial Organ on "drunk driving is not a criminal punishment" has been very clear.

In short, even if the law does not completely exonerate the crime of "drunk driving" is indeed caused by "driving on behalf of the driver", it is still possible to "exempt from criminal punishment" (conviction and exemption from punishment) or to give a lighter punishment in accordance with the law. Because in this way, the principle of criminal law that the punishment is commensurate with the crime can be embodied.

Touching porcelain really shouldn't be.

It is the act of sending the owner's car to the designated place by a professional driver when the owner cannot drive to the destination by himself and charge a certain fee.

With the continuous escalation of the country's punishment for drunk driving, the substitute driving market is becoming increasingly popular. However, recently, some criminals with ulterior motives have used the industry to carry out "porcelain" fraud.

**Prompt. Cases such as being "made a game" by driving on behalf of the driver are now happening from time to time. It's just that because of the fault of drunk driving, many victim drivers are dumb and can't say what they are suffering.

Here are some ways to prevent it from happening:

1. Pretending to be a substitute driver. Two blackmailers, one of whom wore a vest from a well-known driving company near a hotel or restaurant, took the initiative to ask others if they wanted to drive, and if the other party agreed, they would start driving directly, so as to avoid exposing personal information through the platform.

2. Try to get the owner's information. In the process of substitute driving, the "driver" will generally communicate with the car owner, asking you how much alcohol you have drunk, what kind of work you do, etc. If the owner of the car is a civil servant or a person with a relatively large business, they will raise the extortion price - because they know that you will not even want a job or business for tens of thousands of dollars.

3. Causing accidents. If the car owner does not take the initiative to end the driving service near the residence, the driver will generally ask to end the driving service at the entrance (or nearby) of the community on the grounds that he has an emergency at home, discomfort, etc. As soon as the owner gets into the car, another accomplice will drive (usually a rented BMW, Mercedes, Audi) to cause a traffic accident.

In general, this accomplice drove all the way to the owner's car from the very beginning.

4. Ask for a high amount of money. Once the owner gets out of the car, the extortionist will force the owner to take it private on the grounds of drunk driving, otherwise he will have to report it to the police. Many car owners were afraid that they would be punished for suspected drunk driving, so they had to agree to the other party's conditions and broke their teeth and swallowed them in their stomachs.

Here's a reminder to driver friends, don't drink and don't drive, don't drink while driving.