Sample complaint about the decision of the traffic police. Complaint to the prosecutor: sample

Today you will be presented with a sample complaint against the decision of the traffic police. Anyway, you should understand how the appeal of the decision of the said service takes place. Drivers who are aware of their rights are often able to prove innocence in a given situation. The appeal procedure of the traffic police decision is a step that requires some preparation. Not everyone knows the nuances and features of such a procedure. What is useful to know the driver? What is the first thing you need to pay attention to? How to appeal the decision in general and is it worth agreeing to such a step? Perhaps, in principle, citizens have no chance of winning? To understand all of this will be further. In fact, not everything is as difficult as it seems. The main thing is to know the principles and rules regarding the issue under study.

Is there a chance to win

To begin with, many want to find out if there is any chance at all that it will be possible to appeal the decision of the STSI (a sample statement will be presented later)? How often do citizens win these cases?

As practice shows, there is always a chance. If the citizen did not actually violate the rules of the road, then law enforcement officers will be on the side of the plaintiff. The traffic police do not like to understand the fines written out. Therefore, drivers often have to appeal against decisions.

There is a chance of victory. The main thing is that the citizen really be innocent. Otherwise, you have to comply with the resolution issued by the traffic police, in full. Therefore, the driver must first analyze the situation, then prepare for the process, only then write complaints.

Where to go

Which authorities can I contact? An important issue that causes controversy among drivers. You can file a complaint against the decision of the traffic police in several places. But you should not hesitate in choosing.

Where exactly is allowed to go? Among all bodies in which drivers have the right to assert their rights, one can distinguish:

• the authorities of the district traffic police;
• the prosecutor's office;
• court.

The most effective way to solve the problem is a judicial appeal. At the same time, drivers are urged to first resolve the issue peacefully. At least to make sure that the complaint to the head of the traffic police on the decision was sent. Only after refusing to consider the case or in the inefficiency of the appeal is it recommended to pay visits to the prosecutor, as well as to the courts.

Which judicial authorities should I contact? Administrative violations, as a rule, go through the appeal procedure in magistrates' courts. You need to contact the organization located at the location of the traffic police department, with which there were disagreements.

Timeline for appeal

The next point to pay attention to is the deadline for submitting the relevant application. In Russia, you can only file a complaint against a traffic police decision at a specific time. If you do not meet the deadlines, the right to consider the claim is lost.

So how much time is given to citizens to complain about an illegal fine for an administrative offense? Since the receipt of the decision should not pass more than 10 days. During this period, the driver may appeal the decision of the traffic police (the sample is presented below).

In this case, one more nuance should be taken into account - the time from which the countdown of 10 days begins. It is made after the driver has received the relevant resolution or its copy. In practice, this document will be issued no later than 3 days after the adoption of a decision.

In any case, a complaint against the decision of the inspector of the traffic police should be written, drawn up and filed with one or another authority within 10 days after receipt. Until the person personally (this is important) was handed the paper, you can not start the countdown.

Complaint Forms

Also of particular note are the forms of appeals. In the modern world, one can apply to various organs in different ways. A complaint to the prosecutor's office (a sample of the document will be presented later), as well as to any other organization, must be submitted in writing without fail. This rule applies to all complaints and claims that need to be considered. The oral form does not have a place to be.

You can send your decision by mail or contact one or another authority in person. The second option is more successful, it will save from delays. After all, if the application is not received on time, the driver will not be able to defend his rights in court or with the prosecutor. Instead, you will have to pay a fine or bear any other punishment handed down by the traffic police.

Also, recently, you can write a complaint about the decision of the traffic police in electronic form. This option is also in demand. Such an email is sent, after which the citizen will have to answer. It is recommended that you immediately attach copies of all documents that are needed to file a complaint. Even photos will do. Nevertheless, many strongly recommend that you personally engage in the task. In an extreme case - through a proxy. Only in this way can one be sure that the statement of claim will be delivered in time to the relevant authorities.

Appeal structure

Any sample complaint against the decision of the traffic police can be divided into several parts. What is the structure of the appeal that a citizen must provide? Knowing the answer to this question, one can independently draw up an appeal to one or another body without special problems.

At the moment, there are several main parts of the complaint. Among them are the following items:

1. Introduction It contains information about the body to which the document is submitted, as well as about the plaintiff and his representative (if any). A summary of the complaint is desirable here. For example, "appeal against the decision of the traffic police."
2. Main part. This, as you might guess, the so-called body of the suit. It is necessary to indicate the decision of the traffic police, then write the date of issue of the document, the essence of the administrative violation. In this component, approximately in the middle of the lawsuit, motivation is written. Any sample complaint has this feature. It indicates the essence of the applicant's claims.
3. Conclusion In this paragraph you need to indicate your requests and intentions. We can say that in conclusion, the driver must set out the requirements, which, in his opinion, should be satisfied. In this case, it is advisable to indicate references to laws and laws that may motivate the decision.

After the conclusion, you must necessarily set the date of the appeal, as well as subscribe. It is recommended to specify the decryption of the signature. If there are any witnesses, contacts for communication with them can be registered at the end of the lawsuit. It is important. According to the established laws, witnesses who are not reported cannot be heard.

Collecting evidence

Now it’s clear where to appeal the decision of the traffic police. Moreover, the structure of the statement of claim is clear. But this is not enough. Judicial practice indicates that a citizen will have to prove his innocence. What might come in handy for this?

Firstly, you can use the testimony. This option is especially successful when disinterested persons appear in the case. Sometimes it happens that a citizen was completely at home, but the traffic police say that at one time or another, a person violated the rules.

Secondly, the results of an independent examination are suitable as evidence of innocence. Often you have to check photos and videos received from security cameras. Independent experts will be able to confirm or deny the accuracy of the materials provided and their authenticity.

Thirdly, a complaint to the prosecutor's office (a sample is submitted) or to the court allows you to attach personal photos and videos as evidence. Also suitable videos shot by the DVR. Audio recordings are also good.

As soon as you collect all the evidence, you can contact one or another body to appeal the decision. Without confirmation, it is recommended that you simply come to terms with the decision of the traffic police. Only a person who is able to prove the illegality of a previously issued document can defend his point of view in court or with the prosecutor.

Which decisions can be appealed

Another point - not all decisions can be appealed. Citizens have the right to revise a resolution if:

• the decision violates human rights and freedoms;
• the document impedes the exercise of rights;
• unlawfully impose one or another responsibility on a citizen;
• the document does not have legal grounds for bringing to one responsibility or another (it should not be confused with entrusting it to a potential violator).

All previously listed information is not enough to achieve justice. A sample complaint about the decision of the traffic police will be presented a little later. First you need to understand what documents are useful for filing a lawsuit or letter to the prosecutor. Evidence alone is not enough.

Documents for the court and the prosecutor

Filing a lawsuit is not so simple. The driver who is going to complain about the decision must be prepared for paperwork. But if you prepare correctly, there will be no problems. Where (appeal the decision of the traffic police, as you already understood, it is possible) to appeal to is already clear - either to write to the prosecutor, or to the magistrate’s court. And what documents to bring with you?

Among the main list of securities are:

• identity card (passport is suitable);
• documents for the vehicle (indicating the number of the car, serves as evidence);
• statement of claim;
• copy of the decision, which is subject to appeal;
• evidence of innocence;
• list of witnesses with contact details;
• power of attorney for representation of interests (if any).

This will be enough. The main problems, as already mentioned, are the collection of evidence of the innocence of the driver. After all, if you fail to prove that the traffic police’s decision was made illegally, you will have to satisfy all the requirements put forward.

Sample for trial

There are several types of complaints. For starters, you should consider a more common option. A sample complaint to the court is the lawsuit that most often occurs among drivers.

It looks something like this:

Data on the court of a city

The statement of claim to appeal against the earlier decision of the traffic police

I, Ivanov Ivan Ivanovich, (passport data), driver of the vehicle (data on transport), by this lawsuit I ask you to consider the possibility of appealing the traffic police resolution issued to me earlier (information from the document) for an administrative offense.

By the decision of this document, on the night of December 31 to January 1, 2001, I violated traffic rules - made a U-turn in the wrong place, parked in the wrong places, and also exceeded the maximum permissible speed on the highway. But during this period, in fact, I was at a family dinner. This can be confirmed by the following witnesses: (listing with contacts).

I ask you to recognize the previously issued resolution as invalid. All evidence and materials that could affect the course of the case are attached to this lawsuit.

Sample for the prosecutor

There is another sample complaint against the decision of the traffic police. This is an appeal to the prosecutor. The claim will look approximately the same as the statement of claim, but with some changes.

When compiling a complaint, you can use the following template:

The complaint to the prosecutor (district) of the district on the decision on an administrative violation issued by the traffic police.

I, Ivanov Ivan Ivanovich (passport data), I ask you to review the decision of the traffic police earlier issued to me (information about the document). I consider it illegal.

According to the traffic police inspectors, on July 31, 2016, I, Ivan Ivanov, was stopped for drunk driving, for which I was fined. In fact, at that time I was in a medical facility for a routine examination from the employer. All evidence is attached to this complaint.

I ask you to annul the administrative violation specified in the decision (data on the document).

Summary

Now it’s clear how you can write a complaint or lawsuit for an administrative violation made by the traffic police. In fact, everything is not as difficult as it seems. The main objective is to provide evidence of innocence.

As already mentioned, in judicial practice quite often citizens win such cases. Moreover, the population is offered to appeal against decisions and fines that are issued using surveillance cameras. Only the truly innocent can achieve justice.