Each driver has been issued a fine at least once for violating traffic rules. And if the decision was filled out erroneously or the person does not agree with the decision at all? How to appeal traffic fines? Is it possible to do this and is it worth spending your time and energy at all on the struggle for justice? To do this, you need to carefully study all the subtleties of the issue.
In what situations can a judgment be appealed?
It is worth noting immediately that you can appeal any fines of the traffic police. If pedestrians are ordered, a claim can also be made.
So, a fine can be appealed if:
- A technical error occurred with the auto- lock camera;
- the driver does not agree with the decision of the inspector;
- another person was driving; for example, a relative;
- the car was sold, there is a sales contract on hand, and the new owner did not register the car with the traffic police, the head of the unit, as a rule, will help solve this problem.
Who decides the offense and when?
To begin with, it should be noted that for traffic violations only the traffic police or a court can be held accountable. Moreover, all decisions are spelled out in the law on fines. The traffic police and judges strictly comply with all requirements.
So, the court can hold the offender accountable for:
- illegal installation of various "flashing lights" on the vehicle, etc .;
- vehicle management without rights;
- vehicle control while intoxicated;
- secondary speeding of more than 60 km per hour;
- secondary violation of railway crossing;
- secondary exit to the oncoming lane;
- refusal to undergo a blood alcohol test;
- causing physical harm to a person by hitting him.
Appealing a sentence imposed by a court is possible only in court, and other decisions can be appealed by contacting the traffic police department, the head or another superior person.
Terms for appeal of the traffic police fine
If the driver does not agree with the decision, then he has a clear deadline, which is defined by law. So, the driver has 10 days to write a complaint. It is worth noting that one can object to any decision, since it is possible to appeal the traffic police fine from the camera as well.
If the offender missed the time limit set for him to appeal, then there is still a chance to restore justice, but only if the person did not manage to appeal the fine within the prescribed 10 days for a good reason. These reasons include:
- human disease;
- illiteracy;
- helpless state;
- other conditions associated with the identity of the citizen.
It should be noted that any good reason must be confirmed by appropriate information.
After the expiration of all the due periods, the decision shall enter into force and shall not be subject to appeal.
What needs to be included in the complaint?
To understand how to appeal the fines of the traffic police, you need to learn how to properly draw up a complaint. A correctly drawn up complaint is the main document in the case.
- First, you need to accurately indicate the addressee to whom the complaint is sent. This may be a judicial section or a traffic inspectorate. Also, the driver must not forget to indicate his exact data and address of residence.
- After that, it is important to indicate the name of the document. In this case, it will be a complaint.
- Next comes the part with a description of the situation. In this part, it is important to indicate all the data of the decision, describe the current situation and explain how it happened. It is also necessary to indicate the reason why the driver does not agree with the issued fine. It is very good if the citizen refers to the legislation of the Russian Federation.
- After the narrative comes the resolute. It is necessary to write a petition to cancel the decision. It is also advisable to substantiate your conclusion.
- It is also better to make an application to the complaint. There you must include all the papers, a copy of the decision and so on.
- At the bottom of the complaint, you must put a personal signature and the date of writing the document.
How to make excuses?
How to appeal the fines of the traffic police and what reasons to choose? This question, of course, cannot be answered unequivocally, because all situations are purely individual. However, there are a few examples that you should familiarize yourself with.
- A driver who does not agree with the decision may refer to the fact that the offense has not been fully proven.
- Also, a citizen may refer to the fact that the facts described in the case are not true. It is better that some witness confirms these words.
- If an article of the law was incorrectly interpreted in the decision, then this must also be indicated.
- Also, the inspector or judge could have missed some of the circumstances that occurred during the trial.
When is it better to turn to the traffic police, and when to court?
It is worth noting immediately that failure to pay the traffic police fine is not a solution to the situation. If the driver does not agree with the decision, then it must be appealed without fail.
The judgment, which was issued by the inspector, may be appealed against:
- in any traffic police department;
- in a court.
Lawyers note that more often than not, citizens with such appeals are more likely to go to court, because the judge is not interested in the final decision, but the traffic police is interested. It means that the judge is ready to carefully and more thoroughly examine all sides of the issue, make a fair decision, however, it happens that the case is urgent. For a decision to be made faster, it is necessary to contact the traffic police department. There the complaint is considered only within a few business days.
Proceedings in the traffic police
In order to appeal the decision, you need to know when it is better to contact the traffic police, and when to court.
It is better to contact the inspection in case of:
- If the resolution made mistakes, for example, the wrong vehicle number is indicated or another car is recorded on the camera picture.
- If the camera responded by a shadow or another object, and another car appeared in the frame, which did not break the rules. It is worth noting that in this case, the decision on the decision can not be paid, but failure to pay the traffic police fine does not exempt the driver from the proceedings.
- If the driver has passed a traffic signal prohibiting signal as instructed by the traffic controller.
- If the inspector stopped the driver in a prohibited place, but at the same time wrote a fine.
The traffic police can also be contacted in other controversial situations, when the equipment crashed or the new car owner violated the terms of registration of the vehicle.
Court proceedings
How to appeal the fines of the traffic police has already been disassembled, but in what cases is it better to turn to the court in order to invalidate the decision on the offense?
- Lawyers strongly recommend going to court when the driver has already filed a complaint with the traffic inspectorate, but they did not agree with her there. However, it is worth noting that it is worth insisting on one’s point of view only when a person is fully confident that he is right, and also if he has indisputable evidence in his hands.
- When gross mistakes were made during the filling of the decision, for example:
- incorrect interpretation or application of the current law of the Russian Federation;
- during the issuing of a fine, the traffic police inspector behaved rudely or committed other illegal actions.
Such cases are referred to any district court. A hearing will be scheduled later. It is better for the plaintiff to appear at the meeting with all the documents and evidence. Well, if the hearing will be provided with audio or video recording with a conversation with the traffic police inspector.