The tricycle does not have any license, how to divide our overtaking scratch and escape?

Updated on society 2024-08-06
4 answers
  1. Anonymous users2024-02-15

    The tricycle does not have any license, overtaking, scratching, hit-and-run, and needs to bear full responsibility.

  2. Anonymous users2024-02-14

    If you have a scratch with a tricycle, the other party will go directly, as long as the other party goes first, and you wait a little longer before leaving, it is not considered an escape, because you are walking behind him.

  3. Anonymous users2024-02-13

    Summary. Hello dear, according to your problem tricycle and car scratching escaped, it is considered to be an escape, and you need to be fully responsible. If you know that it has been scratched but you leave in order to avoid legal responsibility, it is considered an escape.

    The traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.

    Hello dear, according to your problem tricycle and car scratching escaped, it is considered to be an escape, and you need to be fully responsible. If you know that you have scratched but left in order to escape legal responsibility, it can be regarded as an escape. The traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may also detain lead potatoes for up to 15 days.

    The legal basis is: Article 99 of the "Road Traffic Safety Law" commits any of the following acts, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, the motor vehicle driver's license has been revoked, or the motor vehicle driver's license has been suspended; (2) Giving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose driver's license for a motor vehicle has been revoked or temporarily detained; (Qing Hemin 3) Fleeing after causing a traffic accident does not constitute a crime.

    Which side are we on?

    Tricycle. Did the traffic police come looking for you?

    Got it. It is enough for you to cooperate with civil compensation, and it is recommended to make a settlement agreement.

    Do you have a driver's license or something?

    I would like to ask what the consequences are.

    It was only a slight scratch, and the escape side was detained for more than ten days at most. There are no serious consequences.

    If you pay the other party's money, will the traffic police still detain people?

    Do you have a criminal record here?

    If you don't have a criminal record, you can fight for non-detention, but you need to actively cooperate.

    Has it been sent to the procuratorate at present?

  4. Anonymous users2024-02-12

    Legal analysis: the responsibility for the act of fleeing after a traffic accident is different due to the size of the consequences of the previous accident, and the starting point of the crime is that the traffic accident causes serious injury to more than one person, and bears all or the main responsibility for the accident, and if it is reached, it will bear criminal responsibility, on the contrary, it is a minor traffic accident and escape, as long as the corresponding civil and administrative liability is borne.

    Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.

    If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

    Criminal Law of the People's Republic of China》 Article 133 Whoever violates the regulations on the administration of transportation and causes a major accident as a result of this judgment, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

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