How to challenge the traffic police

How to challenge the traffic police

There is hardly a driver who has never received a fine of traffic police workers. As practice shows, employees of road inspection stop and make up protocols and decisions not only on malicious violators of the rules. Often, the motorist disagrees with the decision of the traffic police officer and does not intend to pay the fine, which he was discharged. How to do in this case?



1
Challenge of the traffic police fine: appeal timing

If you were discharged a fine, and you disagree with such a decision of the traffic police worker, it is important not to miss the moment and timely protest the decision. The motorist has 10 days from the date of drawing up the prescribing document. These days include not only workers, but also weekends, as well as holidays. The change in the term is possible only by a good reason - a business trip, illness, etc.



2
Challenge a fine traffic police: is there chances to protest

Some drivers are afraid that by signing the protocol, they automatically recognize their guilt in committing an offense and should now be sure to pay a fine. This is not true.

  • If there is no phrase "with violation" in the document, then the signature of the motorist only means that he is familiar with the content of the document and received it a copy. If you do not agree with the opinion of the employee of the road inspection, then in the "Explanation of the Violator" field set out its objections and the vision of the situation.
  • The presence of photographing the fact of the offense, obtained from the DVR, is a serious argument, to challenge which will be quite difficult. But in this case, you should not despair. Carefully examine the details of the photo, how the shooting was performed (stationary or in motion). The traffic police presented photos are required to give the driver.
  • If there are eyewitnesses of the road event, it is desirable to fix the fact of their presence. To do this, it is necessary to enter data of persons in the Count "Witnesses and Victims".

3
Challenging the traffic police fine: what instances contact

It is possible to protest the position of the traffic police officer in court or within the structure of the traffic police - a higher officer person.

  • In the traffic police unit, you should apply to a complaint before the expiration of 10 days from the moment of receipt of the copy of the protocol or the decision on the fine. In your document, you not only describe the event that has happened, but also set out your own position, as well as bring the facts confirming your words. The complaint is supplied to the person who imposed a fine on you. No later than 3 days after that, the document falls for consideration to the chief of this employee. If you wish, you can contact a manager directly to the head - to convey the complaint during your personal reception or send it to a registered letter. When submitting a complaint of state duty. Consideration appeal is not more than within 10 days.
  • The district court is also involved in issues of administrative recovery. When sending a complaint to the court, 10 days should also be resistant. If you have not been put in this period, you need to send a petition for recovery to protest. One of the good reasons for extending the term for appeal is often a delay in issuing a copy of the decision. You can submit a complaint personally - through the office of the court or send by the registered letter. If the question is solved only in a fine, consideration of the complaint happens within 2 months. If, in addition to recovery, administrative arrest is superimposed - consideration of the complaint should occur during the day. The state duty in this case is also missing.

4
Challenge a fine traffic police: chances for cancellation of administrative recovery

In what cases with a large share of the likelihood of a finance decision will be canceled?

  • The motorist proved the insignificance of the offense. Administrative recovery can be replaced by a warning.
  • The driver's fault is not proven.
  • Perfect actions are not an offense.
  • The action for which the penalty is imposed has not been committed.
  • The actions of the driver were forced.
  • Expired limitations. If the penalty is imposed by employees of the road inspection, its term is 2 months.

Each situation is considered individually, therefore there are no finished solutions algorithms.

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