Many drivers are mistaken for traffic police fines, but not everyone knows how to achieve justice. For you – detailed instructions.
How many drivers in our country have at least once been fined traffic cops for no reason! For example, inspectors themselves may be mistaken, sometimes intentionally, and technical malfunctions happen every now and then. Some unjustly punished motorists prefer to put up, close their eyes and silently transfer money to the state. Especially when it comes to small amounts. But if you do not pay attention to errors, their number will not decrease. And how correctly to appeal against undeserved fines?
Where to begin?
But before the driver must know the whole procedure from the very beginning, because it can help in future when appealing. Therefore, the first thing to note is that each violation inspector should fix the protocol. And the punishment, in turn, is to be determined by a decree, which is handed to the receipt.
“The driver has the right to give an explanation, which is attached to the first copy of the decree-receipt.” The drafting of the protocol is mandatory in cases when the driver disputes the event and the punishment, “Vyacheslav Kanter, a lawyer to the Legal Department, points out .
If the violation is fixed by means of technical means, a protocol is not drawn up, and a copy of the resolution together with the materials is sent to the owner of the car within three days.
“The signature under the protocol is the right of the driver, not the duty.” The signature means only acquaintance with the protocol, not consent with it. “It is better to make a written record on the protocol itself (” Disagree “,” SDA did not violate “etc, etc.). It is possible to refuse to sign it, having stated the motives on the letterhead of the document or on a separate sheet that should be attached to the protocol (there it is necessary to write down “There are explanations on so many pages.”) In the column intended to explain the offender, Write, and put a dash sign (“Z “), Excluding possible additions, especially if there is reason to believe that an explanation later inscribed by someone may be used contrary to the interests of the driver,” explains Vyacheslav Kanter.
There are a few more nuances that you need to remember when designing on the spot. Moreover, it is not worthwhile to trust the inspectors themselves in this matter.
“The protocol may be made only by a person who has the right to do so, otherwise the document will prove to be void, without any legal consequences.” The competence of the originator should be indicated in the protocol itself, as well as the normative act providing liability for the offense. The act authorizing the compiler (“I, ___, guided by Article _ .. of the Law on __ made up a protocol on _”). When drawing up a protocol, or at any time before the issuance of a resolution or the termination of production, But in writing to file a petition, for example, on hearing a case with the participation of a lawyer, on calling witnesses, or on collecting other evidence that, in the opinion of the driver, will facilitate an objective examination of the case.The evidence can be any facts on which the presence or absence of a violation is established And guilt.Police officers sometimes mistakenly claim that relatives brought to administrative responsibility (as well as his acquaintances) can not be witnesses in the case. However, anyone who knows any of the circumstances of the case can testify. Refusal to call such witnesses is illegal and may serve as a basis for repealing the decision to impose an administrative penalty, “adds Veaceslav Kanter.
All listed actions are extremely important. In many respects, the final result of the complaint depends on the correct actions at the place of registration. And lawyers, based on their practice, only confirm the words.
“Unfortunately, not every driver in such a situation keeps composure and acts in this way, namely this is the key to success for appealing the decision in court.If you have evidence in the form of a record from the DVR, the testimony of witnesses, be sure to write it on the record, The text of your explanation, etc. Then you can easily attach them to the case file about an administrative violation in court and review it during the court session, “says attorney Alexei Shpadyrev.
Where to complain?
An urgent issue arises with drivers, when there is already a decree on hand. In fact, there are several addresses for the complaint. This may be a higher authority or an official, as well as a district court at the place of consideration of the case. If the ruling was made by a justice of the peace, then it can be appealed against. We emphasize that the court will consider the appeal in any case, regardless of whether someone else has received it. And lawyers advise not to waste time on a higher authority, but go straight to court.
“Unfortunately, based on my experience and practice, such complaints rarely end with the cancellation of the resolution, and here either in the” corporate solidarity “of the traffic police department or in the fact that the higher body does not want to thoroughly understand the situation and take responsibility. , As a rule, I advise the driver who wants to challenge the administrative fine, immediately apply to the court at the place of committing an administrative offense, “advises lawyer Alexei Shpadyrev.
In this case, you do not need to pay a state fee. The main thing is to have time within 10 days from the day of handing or receiving a copy of the resolution. If you send a complaint by letter, the time is determined by the postmark. It must also be considered within ten days from the date of admission to the court or other authorized body.
“In court, the driver has the right to apply for a traffic police inspector to ask him” inconvenient “questions.Often they behave less confidently in court than on the road.Necessary to remember that all doubts and contradictions must be interpreted by the court In favor of the driver, therefore, if you think in advance of the legal position, you can cancel the decision on the administrative violation, and stop the proceedings, “- says lawyer Alexei Shpadyrev.
But even if the court decision on the complaint did not suit you, you can go further – to a higher court. Especially if there are new evidence of innocence. Say, testimony of witnesses or video recordings. And then you will have all chances to achieve justice.
Photo: RIA Novosti / Alexei Malgavko