It is not a secret for anyone that the decision on an administrative offense is an official document fixing the fact of committing a misdemeanor and serving as the basis for initiating proceedings on the case about it. However, not all motorists know how to appeal against the traffic police resolution if they categorically disagree with it. People who have come under the “distribution” need to clearly understand that you can only protect your rights in court and only if there are compelling reasons for which any illegal actions of traffic police officers allowed against them are considered.
Content
- 1 List of misconduct
- 2 What time frame do you need to meet
- 3 Where to go
- 4 Approximate content of the complaint
- 5 Possible results
List of illegal actions
An incorrectly completed ruling may be a reason to appeal.
- Rude and inadequate behavior of the traffic police employee. Even experiencing the strongest thrill before the representative of the road law, do not forget that his official duties are not part of boorish behavior. Does not know how to behave - it means you need to teach.
- Incorrectly issued ruling. A document proving an administrative violation can be questioned if it lacks some important information, for example, such as the date, time or place of the offense.
- Lack of disinterested witnesses. According to the law, police officers, as well as people who are in any way involved in the incident, cannot play this role.
- The participation of third parties. The traffic police officer is obliged to draw up decisions independently, without involving either trainees, friends, or comrades for this purpose.
- Use of obviously spoiled or low-quality measuring devices. If there is no doubt of their own sobriety, you can safely demand a certificate of quality and be excited about when it turns out that it is invalid.
- Violations during the passage of a medical examination. This procedure should be carried out twice with an interval of 30 minutes and exclusively on the territory of a specialized medical institution, where a qualified doctor and a nurse are involved in drunk drivers.
- No temporary ID. Taking the rights, the traffic police officer is obliged to write out in return a temporary certificate that allows you to drive a car until the situation is resolved anyway.
- No copy of the ruling.
- No vehicle withdrawal protocol.
- Unauthorized search of the car in the absence of its owner.
- Incorrect classification of the ruling.
Attention: even having convicted the employees of the State Automobile Inspectorate of corruption, bias or other unpleasant things, you shouldn’t try to cry out, make trouble and threaten. It is much better to remain calm and “quietly” collect an evidence base: take the contact details of the witnesses to the incident, record what is happening on a video camera, record all conversations on a dictaphone. The information collected in this way is sure to come in handy in court, which will help punish unscrupulous traffic police officers. By the way, wanting to increase your chances of winning, you should entrust the drafting of a complaint to an experienced lawyer specializing in such cases.
Do not come into conflict with the traffic police inspector, it is better to try to collect photos, video or audio for evidence
What time frame do you need to meet
Independently or with the help of a lawyer wondering how to appeal against the traffic police fine, you need to remember that there is only 10 days to go to court, the countdown of which begins from the moment of receipt of the decision on administrative violation. Justification for deadlines can not be either weekends or holidays. Would you like to relax - then pay a penalty ticket and do not waste either your own or someone else's time.
Where to go
As practice shows, the best way to prove one’s case in the event of an accident or to challenge a traffic police fine is to go to court immediately. It is enough to make a complaint against the ruling and deliver it to the judicial office personally or by registered letter.
Important: going to court should not contain a colorful description of the life of the claimant, his gloomy thoughts about the economic and political situation in the world, as well as complaints about the state's law enforcement system. Just the facts and only the case!
Approximate content of the complaint
A detailed account of the situation with reference to all the nuances relevant to the case.
- Arguments in favor of the illegitimacy of the actions of the traffic police.
- Please cancel the decision on administrative violation.
Compilation Example
Possible results
Having considered the received complaint, the judge can make the following decisions:
- the decision is not subject to change, the complaint cannot be satisfied;
- the ruling is subject to change;
- the decision is canceled, the proceedings will be terminated;
- the decision is canceled, in connection with newly discovered circumstances, the case is sent for a new consideration.
In the event that the court decision does not meet the expectations, you can try your luck and appeal it to the higher court. To do this, you will need to perform the same actions, only the address to which the new complaint will be sent will change.