How to appeal against traffic fines? As a car owner to challenge the erroneous penalty

Each driver at least once fined for violation of traffic rules. But if the order was filled incorrectly or the person does not agree with the decision? How to appeal against traffic fines? Can it be done and whether it is worth spending their time and strength to fight for justice? For this it is necessary to study the intricacies of the issue.

In what situations the decision can be appealed?

It Should be immediately noted that you can appeal any fines. Pedestrians, if there were a resolution, it is possible to make a claim.

So, the penalty can be appealed if:

• There is a technical error of the camera's automatic recording;
• The driver does not agree with the decision of the inspector;
• Behind the wheel there was other person (e.g. relative);
• The car was sold, in the hands of a contract of sale and the new owner put the car on accounting in traffic police, head of division, usually help solve this problem.

Who and when decides on the offense?

For starters, it should be noted that for violation of the rules of the road to justice may involve only the traffic police or the court. All orders Crago spelled out in the law on fines. Traffic police and judges strictly comply with all regulations.

So, the court may prosecute the offender for:

• Illegal installation on the vehicle of various "flashing lights" etc.;
• Manage the vehicle without having to right;
• Control the vehicle in a state of intoxication gogolmogol;
• Secondary speeding more than 60 km per hour.
• Second violation of crossing the railway tracks;
• Secondary travel into the oncoming lane.
• Refusal to undergo examination for the presence of alcohol in the blood;
• The person causing physical harm by hitting him.

To Appeal the punishment appointed by the court, only the court and other rulings can be appealed by contacting the Department of traffic police, to the chief or other superior.

The Time for appealing traffic fines

If the driver does not agree with internal resolution that he has a clear term, as defined by law. So, the driver has 10 days to file a complaint. It is worth noting that you can argue against any decision, how to appeal traffic fines camera including.

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If the offender has missed time to it on appeal, and there is still a chance to restore justice, but only if people do not have time to appeal against the fine in the required 10 days for a good reason. Such reasons include:

• The human disease;
• Illiteracy
• Helplessness;
• Other conditions associated with the identity of the citizen.

It Should be noted that any valid reason, you must confirm the relevant help.

After the expiration of all pertaining time the decision comes into force and not subject to appeal.

What to include in a complaint?

To understand how to appeal traffic fines, you need to learn how to make a complaint. Made right, the complaint is the main document in the case.

1. First you need to indicate precisely the addressee of who sent the complaint is made. It can be judicial sector or branch of road inspection. The driver must remember to specify your exact details and address.
2. After that, it is important to specify the name of the document. In this case it would be the complaint.
3. Next comes the part describing the current situation. In this part it is important to specify all the data of the judgment, describe the situation and explain how it happened. You must also specify the reason why the driver does not agree with the prescribed fine. Very well, if a citizen will refer to the legislation of the Russian Federation.
4. After the narrative part is operative. It is necessary to write a petition to quash. It is also desirable to substantiate his conclusion.
5. Also it is better to complaint to make the application. There is a need to include all of paper, a copy of the decision and so on.
6. At the Bottom of the complaint it is necessary to put the personal signature and date of writing.

How to make excuses?

How to appeal against traffic fines and what arguments to choose? This question, of course, a simple answer is impossible, because every situation is individual. However, there are few examples with which to become better acquainted.

1. The Driver, who does not agree with the judgment, it may refer to the fact that the offence was not proved completely.
2. Also, the citizen can refer to what is described in the facts are not true. It is better that these words are confirmed by any witness.
3. If the decision was wrongly interpreted article of the law, it is also necessary to specify.
4. Also the inspector or the judge may have overlooked some circumstances which have taken place in the proceedings.

When to apply to the traffic police, and when the court?

It Should be immediately noted that the non-payment of traffic fines is not a solution to the situation. If the driver does not agree with the decision, it must appeal to the mandatoryorder.

The Decision, which was written by the inspector, can be appealed:

• In any branch of traffic;
• In court.

Lawyers point out that most citizens with similar requests still often go to court because the judge is not interested in the final decision, but the traffic police is interested. So the judge is ready carefully and examine in detail all sides of the issue, to make a fair decision, however, it happens that the matter is urgent. So the decision was made quickly, you need to apply it to the Department of traffic police. There's a complaint considering just a few business days.

Proceedings in the traffic police

In order to appeal the decision, you need to know when to contact the police, and when in court.

The on better contact in the event of:

• If the decision were errors, such as incorrect number of the vehicle or on the picture of the camera is fixed the other car.
• If the camera reacted in the shade or other object, and in the frame was another car that did not violate rules. It should be noted that in this case, a decision on the ruling not to pay, but the non-payment of traffic fines does not exempt the driver from proceeding.
• If the driver ran a red light at the direction of the controller.
• If the inspector stopped the driver in a forbidden place, but fined.

The traffic police can be accessed in other controversial situations, when equipment failed or the new owner of the car violated the terms of setting the vehicle on the account.

Proceedings in court

How to appeal the fines has already been addressed, but in some cases it is better to apply to the court to recognize the decision on the offence invalid?

1. Lawyers strongly rekomenduyut to go to court when the driver has already appealed to road traffic, but there do not agree with it. However, it is worth noting that to insist on their point of view only when the person is completely confident in and if it on hands has indisputable proof.
2. When in the course of filling of the decision made gross errors, such as:

• The wrong interpretation or application of the current law of the Russian Federation;
• While writing out the fine, the traffic police inspector was rude or committed other misconduct.

Such cases are referred to any district court. Later on it will be set for hearing. The plaintiff is better to come to the meeting with all documents and evidence. Well, if the hearing will be given an audio or videotaped conversation with the police inspector.