How to appeal the fines of the traffic police? As an auto owner to challenge an erroneous penalty

Each driver at least once issued a fine forviolation of traffic rules. And if the decision was filled in wrongly or does the person disagree with the decision? How to appeal the fines of the traffic police? Can this be done and is it worth it to spend your time and energy on the fight for justice? For this, it is necessary to carefully study all the subtleties of the question.

In what situations can the decision be appealed?

It should immediately be noted that any traffic police fines can be appealed. Pedestrians, if a decree was issued, you can also apply with a claim.

So, a fine can be appealed if:

• there was a technical error in the automatic locking camera;
• the driver does not agree with the inspector's decision;
• Another person was sitting behind the wheel (for example, a relative);
• the car was sold, the contract of sale is on hand, and the new owner did not put the car on the account in the traffic police, the head of the unit, as a rule, will help to solve this problem.

Who decides on the offense and when?

To begin with, it should be noted that for violationtraffic rules can only be brought to responsibility by the traffic police or the court. At the same time, all decisions are strictly prescribed in the law on fines. The traffic police and judges strictly follow all the regulations.

So, the court can bring to justice the offender for:

• improper installation of various "flashers" on the vehicle, etc .;
• management of the vehicle without any rights;
• control of the vehicle in a state of alcoholic intoxication;
• secondary excess of speed more than 60 km per hour;
• secondary violation of the railroad crossing;
• secondary exit to the oncoming lane;
• refusal to undergo an examination for the presence of alcohol in the blood;
• causing a person physical harm by hitting him.

Appeal punishment, which is appointed by the court, it is possible only in court, and other decisions can be appealed, by contacting the traffic police department, to the chief or another superior person.

Time for appealing the traffic police fine

If the driver does not agree with the issueddecision, he has a clear term, which is determined by law. So, the driver has 10 days to write a complaint. It is worth noting that you can object to any decision, since you can appeal against the traffic police fine from the camera, including.

If the offender missed his due dateto appeal, there is still a chance to restore justice, but only if the person did not have time to appeal the fine in the prescribed 10 days for a good reason. To such reasons it is possible to carry:

• human disease;
• illiteracy;
• helpless condition;
• Other conditions associated with the person of the citizen.

It should be noted that any valid reason must be confirmed by a corresponding certificate.

After the expiry of all the due terms, the decision comes into force and can not be appealed.

What should be included in the complaint?

To understand how to appeal fines traffic police, you need to learn how to make a complaint. A properly formulated complaint is the main document in the case.

1. First you need to specify the addressee whosent a written complaint. This may be a court site or a department of road inspection. Also the driver should not forget to specify both the exact data and the address of residing.
2. After that it is important to specify the name of the document. In this case it will be a complaint.
3. Following is a part with a description of the currentof the situation. In this part it is important to indicate all the data of the ruling, describe the current situation and explain how it happened. It is also necessary to indicate the reason why the driver does not agree with the penalty. It is very good if a citizen refers to the legislation of the Russian Federation.
4. After the narrative part goes resolute. In it, you must write a petition for the cancellation of the order. It is also desirable to justify your conclusion.
5. It is also better to make an application to the complaint. There it is necessary to include all the papers, a copy of the resolution and so on.
6. At the bottom of the complaint it is necessary to put a personal signature and the date of writing the document.

How to justify yourself?

How to appeal the fines of the traffic police and what are the argumentspick up? This question, of course, can not be unequivocally answered, because all situations are purely individual. However, there are several examples with which it is better to get acquainted.

1. A driver who does not agree with the ruling may refer to the fact that the offense has not been fully proven.
2. Also, a citizen can refer to the fact that the facts described in the case do not correspond to reality. It is better that these words are confirmed by a witness.
3. If the resolution incorrectly interpreted the article of the law, then this must also be indicated.
4. Also, the inspector or the judge could have missed some of the circumstances that took place during the examination of the case.

When is it better to apply to the traffic police, and when to court?

It should be noted immediately that failure to pay a fine by the State Traffic Safety Inspectorate is not a solution to the situation. If the driver does not agree with the decision, then he must be appealed without fail.

The decision, which the Inspector wrote out, can be appealed:

• in any branch of the State Traffic Safety Inspectorate;
• in a court.

Lawyers note that most often citizens withsuch appeals still apply to the court more often, since the judge is not interested in the final decision, but the traffic police is interested. So the judge is ready to study all aspects of the issue more attentively and in detail, to make a fair decision, but it happens that the case does not last. In order to make the decision faster, it is necessary to turn to the traffic police department. There, the complaint is considered for only a few working days.

Proceedings in the State Traffic Safety Inspectorate

In order to appeal the decision, it is necessary to know when it is better to apply to the traffic police, and when to court.

Inspection is best handled in the following cases:

• If mistakes were made in the resolution, for example, the wrong vehicle number is indicated or another car is fixed in the camera picture.
• If the camera responds to a shadow or othersubject, and in the frame was another car that did not violate the rules. It is worth noting that in this case the decision on the resolution can not be paid, but failure to pay a fine by the State Traffic Safety Inspectorate does not relieve the driver of the proceedings.
• If the driver drove to the prohibiting traffic light signal at the direction of the regulator.
• If the inspector stopped the driver in a prohibited place, but at the same time wrote a fine.

In the traffic police can be addressed in other disputable situations, when the equipment has failed or the new owner of the car has violated the terms of registration of the vehicle.

Proceedings in court

How to appeal the fines of the traffic police was already dismantled, but in what cases it is better to apply to the court in order to recognize the decision on the violation as invalid?

1. Lawyers strongly recommend that you go to court,when the driver had already complained to the road inspectorate, but they did not agree with her. However, it is worth noting that insist on your point of view is only when a person is fully confident of the rightness, and also if he has undeniable evidence on his hands.
2. When gross mistakes were made during the filling of the resolution, for example:

• misinterpretation or application of the current law of the Russian Federation;
• while issuing a fine, the traffic police inspector behaved rudely or committed other illegal actions.

Such cases are sent to any district court. Later on it will be assigned a hearing. It is better for the plaintiff to appear at the meeting with all the documents and evidence. Well, if the hearing will be provided with audio or video recording with a conversation with the traffic police inspector.