Today we will be interested in the complaint in the traffic police. This document is found in real life every year more and more. All this is due to the fact that citizens began to better understand their rights. If the traffic police illegally fined, violated the detention process or simply behaved inappropriately, you can contact the appropriate authority with a complaint. Every person has this right.
Next, we will try to understand how to draw up the mentioned document, as well as to figure out where and under what circumstances to send it.
The timing
A complaint about an administrative offense of the traffic police can be submitted for consideration only in a certain period of time. If a person did not meet the deadline for completing the application, the appeal of certain decisions is complicated. Fines and decisions can be appealed within 10 days from the moment they are received on hand. Calendar days are taken into account . This is important.
Where to direct?
Where can a complaint be filed? In the traffic police! This is the most common scenario that can only be found in practice. When a person is not satisfied with the behavior of traffic police officers or he does not agree with the fine issued, it is necessary to contact the traffic police with a corresponding statement. This technique is considered a pre-trial way of solving problematic issues. But sometimes you have to send your complaints to the court. First to the district, and then to the higher judicial authorities. In exceptional situations, it is possible to contact the Rospotrebnadzor and even to the prosecutor.
Terms of consideration
How quickly should these or those authorities respond to the submitted document? Usually, the period for considering complaints in courts and other instances is one month. If the citizen has not been answered within 30 days, he can file a complaint with a higher authority.
On decision
Now consider in more detail the reasons for compiling complaints in the traffic police. Most often, they mean dissatisfaction with the decision of the traffic police. The grounds for filing an appeal appeal are different circumstances.
For example, you can complain about a traffic police officer if he:
- put a signature in the resolution, not wanting to understand the situation;
- refused to record witnesses;
- violated the procedure for compiling a protocol or detaining the offender.
As a rule, a complaint against a traffic police officer should be well-founded. After all, if the applicant decided to tarnish the honor of a law enforcement officer, he himself would have to be punished.
The form
What shape will the studied paper have? As a rule, a complaint to the traffic police or to the traffic police is a document submitted exclusively in writing. It can be written by hand or printed on a PC. The main thing is that the paper is available on material media. Can I use the electronic claim? Yes, there really is such a practice. But it is better to get along with the usual paper application. This technique is necessary in order to protect the applicant from possible problems.
Components
The court complaint about the traffic police, as well as the claim to the traffic police, in principle, does not have any exact form. Despite this, citizens must follow certain generally accepted rules. Both the claim and the claim have a clear structure. It helps to express thoughts as accurately and correctly as possible.
The complaint will consist of:
- "caps";
- paper names;
- the main part;
- Applications
- conclusions.
There is nothing incomprehensible or difficult in the task. Outwardly, the complaint is similar to the most common statement.
Document Information
And what information should be reflected in the complaint in the traffic police? The answer to this question depends on what the complainant complains about. Despite this, it is possible to single out an exact list of data that cannot be dispensed with. What is it about?
Claims usually contain the following information:
- full name of the authority considering the request;
- Full name of the head of the body;
- Name of Applicant;
- address of the citizen;
- contact information;
- detailed description of the situation;
- list of attached documents;
- the arguments referred to by the citizen;
- date of the application;
- signature of the applicant.
Particular attention will have to be given to the description of the circumstances in which the claim arose. Practice shows that they must be supported by evidence.
Arguments
Want to file a complaint with the STSI? In order to do this, a citizen will have to refer to certain circumstances. No apparent reason to complain about law enforcement is fraught with serious consequences.
The most common points for complaint are the following points:
- there is not enough evidence of a citizen’s guilt;
- the motivation of the decision is weak or unfounded;
- the conclusions of the traffic police do not correspond to reality;
- the law was misinterpreted in punishing a person;
- evidence indicating the innocence of a citizen was ignored.
Violations of procedural rules and other procedural errors may be grounds for exemption from a written decision. Therefore, they can also be used as arguments.
General principles
It is recommended to file a complaint with the court against the decision of the traffic police when the appeal to the traffic police with a claim has failed. How to make a study paper? We have already familiarized ourselves with some rules for processing a document. But that is not all. The complaint must be made taking into account the following nuances:
- text is written only in legible handwriting (or printed on a computer);
- the story should be coherent, detailed and concise at the same time;
- the main part reflects the reality of what happened;
- all arguments are supported by evidence;
- paper is written with punctuation and grammar.
That is, a claim statement must not only be correctly executed, but also contain a competent, truthful text. Requests with errors may be rejected.
About sending
A sample complaint in the traffic police will be presented to our attention later. From now on, we are aware of all the key points taken into account when compiling the study paper. It remains to figure out how to properly submit it to one or another body.
Sending a document can be done:
- through the Internet;
- by mail
- issued personally in hand.
For security reasons, it is recommended that you file a claim for review by sending registered letters of receipt of receipt. With all this, the complaint to the traffic police is sent in two copies: one to the traffic police, the other to the applicant. Such a technique will save you from problems in the future if you have to go to court or to higher authorities.
About evidence
Writing a complaint about a traffic police officer or a resolution is only half the battle. To succeed, you will have to prepare evidence of your position.
These include:
- testimony of witnesses;
- audio and video materials;
- Photo;
- other evidence.
At the same time, media files should not be edited. Otherwise, such evidence will not be taken into account when considering claims.
Driving Tips
It is better to file a complaint against a resolution on an administrative offense with the traffic police first to the local traffic police. It is possible that the issue will be resolved peacefully and as soon as possible, especially if the claim is justified.
How to behave to a person who is illegally accused of violations? Before submitting a complaint of the established form, it is recommended to follow some tips. Namely:
- during a conversation with traffic police officers behave culturally;
- refrain from insults and emotions;
- immediately specify with whom exactly the "intruder" will communicate;
- record the behavior of employees (including their own) on voice recorders and cameras.
It is advisable to have a DVR in the car. This technique helps to quickly capture the conversation with the traffic police on camera. She has repeatedly saved drivers from illegal fines.
Practice
How often are complaints addressed in the traffic police? Practice shows that many drivers complain of illegally written "letters of happiness." In particular, due to the fact that violations are recorded by special cameras. Traffic police of the Russian Federation say that this kind of technique still does a poor job. And therefore, fines issued by means of automatic fixation of traffic violations are fairly easy to appeal.
If a complaint was filed with the court against the decision of the STSI, then it can also be satisfied. It is enough to prove your innocence. This means that the right to appeal does indeed exist both in theory and in practice. Filing claims on the actions of the traffic police is not a waste of time.
Sample
You can get a good example of a complaint in the traffic police. Below is a sample template. This does not mean that the claim must necessarily have a similar form. Nevertheless, the basic principles for creating a document are demonstrated here.
The lawsuit will look similarly. Even an inexperienced citizen can cope with the creation of the studied papers. The main thing is to hurry up with filing a claim with the traffic police. Otherwise, the right to review the controversial issue will be lost, and it will be possible to restore it in exceptional cases through the court.
Summary
We figured out how to write, file and file a complaint with the traffic police. This process can cause a lot of trouble, but with timely preparation they will be minimal. Everyone has a chance to satisfy the submitted complaints. No one can withdraw the right to appeal the decision in the first 10 days after the issuance of the fine. And it is impossible to prohibit the filing of claims on the actions of traffic police officers. Every modern citizen should remember this.
The main thing is not to be afraid to assert your rights. Calm, confident behavior also does not hurt. If a person has a real basis for a complaint to the traffic police, then most likely all the requirements put forward will be satisfied. For example, a citizen can be completely exempted from a fine or reduced in size in accordance with applicable law.