You do not agree with the decision of the traffic police officer and are confident in the correctness of their actions? Then you should not wait or be afraid to express your opinion. Any administrative offense can be appealed in accordance with the procedure established by the legislation of the Russian Federation. Let's get acquainted closer with this procedure.
To exclude possible problems when challenging the decision of the traffic police, you need to consider your actions at the site of the conflict. There are several ways to express their disagreement with a designated fine or other administrative recovery. For example, you may not sign the presented document by an employee of the Autosopecy. In this case, the police officer puts a mark in the protocol on the relevant refusal. If you partially agree with the points of the document, you can sign it, read it in detail. At the same time, use the following recommendations:- As evidence of its rightness in the "explanation" line, write the main facts and arguments (for example, that the rules of the road traffic did not have violated or specify information about illegality from the employee of the traffic police).
- In the blank fields of the document, put dashings (if any were previously made).
- Insist that explanations of witnesses (relatives, passers-by, etc.) are attached to the protocol.
- Require a copy of the filled document.
In addition to the protocol, an employee of the Avtosparation issues another document - a decree on an administrative offense, where "punishment measures" is prescribed for the perpetrator.
Download from us on the portal:
- Sample protocol of the traffic police on administrative offense;
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- Sample of the Davits Decree on Administrative Offenses;
- Filled with a sample of an administrative offense order.
- In the "header", indicate the full name of the instance, where to appeal. Do not forget to write your data (name, registration address and phone) for feedback.
- Write essentially without unnecessary details. Here you need clear arguments and facts pointing to your right. As evidence, you can use photos and videos filmed on the phone from the scene. And if you have a DVR, then, you can say, has been done. In addition, testimonials will help speed up the process of consideration of your case.
- Stick a specific structure. The document must consist of three sections. In the first part of the complaint, describe a detailed picture of the current situation, and in the second - justify your right thing. In the last section, place a request for the bailiffs about the abolition of the decision.
Remember that grammatical errors, as well as incorrect wording in the text of the document are not allowed.
Download right now:
- Sample Administrative Offenses Complaints;
- Filled with an administrative offense complaint;
- Sample application for familiarization with the case of an administrative offense case;
- The procedure for appealing the resolution of the traffic police officer.
According to the appeal, you can get both positive and negative results. If you do not agree with the court decision, in this case you can challenge it through the superior instance.
If this happened, then do not miss any trifle from the view to be more confident in your right. Often it is right, one who has more rights. For example. For some reason, two inspectors on different transport came to the scene of the accident. For what? Perhaps the second driver has acquaintance. At the design of the protocol in the traffic police, you were accused of. That driver has a record of the registrar, you do not have. Please note what inspector makes the Protocol in the department. There may be the second one who approached is incomprehensible for what. (Is not a fact). Pay attention to the behavior of the inspector when decorated, its reaction to your comments and explanations. Suppose why the inspector for viewing video from the registrar retired from the office and was missing about half an hour, and then on the analysis of your complaint, you viewed this "movie" in a few seconds. Why at your request you were not allowed to remove a copy of the video. Be sure to do not miss the deadlines for the protocol and consideration of complaints. As a rule, you will have to go further. Crow the Raven eye does not turn off, which means to court. Be sure to warn the inspector and its leadership that you will require the implementation of an independent, state examination of the video and carrying out on it and at the site of the accident traceal examination. Pay attention to all sorts of little things. For example, you went to the traffic police department, there are no wardrobe and you stayed at the outerwear, even when you were invited to the office, and your opponent, for some reason I entered without a jacket and headdress, at least in hand. It can push the idea that the second inspector on the site of an accident, and a long lack of it when watching a video, and the fact that the opponent was where to remove the upper clothes, everything is not just so, and they are familiar, but perhaps relatives. In this case, you have no chance of any, just a court with all the details of the inspections for both traffic police and the second factory driver itself. Recording on the recorder can be corrected, even change the traffic light signal. Do not forget that the recorder has a timer that when interfering, the image of the picture can jump forward or backward depends, where more profitable traffic lights. Do not lower the fact that the video is shown for a long time before the collision, but it stops at the moment of a collision and do not show you further. Why? It is not difficult to guess. And most importantly, if you are harmful and feel your right thing, go to the end, right up to the Supreme Court and be sure to win, require strict punishment of guilty, especially traffic police inspectors. There should be no such people in the police.