An appeal against the decision on an administrative offense of the traffic police in modern Russia is quite common. Every driver who disagrees with the punishment has the right to translate the idea into reality. Only not everyone knows how to properly use their powers. Below we will talk about all the nuances of the operation. After all, if the established rules are not followed, the appeal will be denied. This means that you will have to suffer punishment, even if it was passed by mistake or illegally. To prevent this from happening, it is worth figuring out how to act after the issuance of a traffic police resolution.
When is it possible?
The first thing to remember is that an appeal against a decision on an administrative offense of the traffic police in Russia does not always occur. Under certain circumstances, a person will not have such an opportunity.
As a rule, any administrative violation can be reviewed if it did not entail serious harm to health or death.
For example, you can appeal:
- in case of errors made by cameras for fixing violations on the roads;
- if you need to defend your position regarding the perfect act;
- in the absence of registration in the traffic police of a car bought with hands;
- when the recorded violation was not committed by those who were fined.
This is not a complete list of situations in which it is possible to appeal a court order on an administrative offense of the traffic police. As we have already said, such a right exists in almost any violation on the roads.
Where does the process take place
And where to send the corresponding statement? The answer to this question is not as simple as it seems. After all, various violations are considered by various bodies. This is quite normal.
Typically, an appeal against a decision on an administrative offense of the traffic police is carried out through the traffic police. Here it is necessary to send a request in the established form with evidence of their innocence.
Sometimes you need to go to court. For example, if the traffic police did not respond to the statement, or in case of fundamental disagreement with the punishment. Serious traffic violations (such as drunk driving, speeding, and so on) are considered only in court. Ideally, a request for review of a case is submitted to a district court. But there are exceptions.
In the case of appeal against a court decision on an administrative offense of the traffic police, a citizen must send a request to a higher judicial authority. This practice really is. And the traffic police advise to actively exercise their rights.
The timing
But you just have to remember that such an opportunity is not always there. The thing is that the appeal of fines and decisions of the traffic police is carried out only at a certain time. Its expiration compels the execution of a punishment of the offender.
A pedestrian or driver has only 10 days to appeal the decision on an administrative offense of the traffic police. The countdown starts from the moment of delivery of the corresponding paper. Therefore, you have to hurry with the realization of their legal rights.
Deadline Recovery
According to the current legislation, all citizens have the right to restore the time limit for appealing against the decision on an administrative offense of the traffic police. This practice is not very common in Russia.
10 days allotted for upholding their position during a pass are restored only in court. Usually, for this you need to have good reason to skip. If the validity of the situation is not proven, you can completely forget about appealing the fine or decision.
About the contents of the document
Now we’ll try to understand what a sample statement of appeal against the decision on an administrative offense of the traffic police looks like. Compiling this paper is not so difficult. Nevertheless, some rules will have to be followed.
Let's start with the most important part - the content. It should be treated extremely responsibly. The following information shall be indicated in the application:
- body that will consider the request;
- paper name;
- a description of the situation;
- substantiation of their position;
- request for review;
- list of documents attached to the application;
- signature and date.
Nothing specific. It would seem that we are talking about the most ordinary lawsuit in court. But in reality you have to try. Write the main part is required briefly, but with a detailed statement of all the facts that affect the course of events. It is because of this that problems can arise with the appeal.
Structuring and form
But that is not all! It can be difficult to fill out an appeal form against an administrative offense of the traffic police. And to issue it in accordance with all established rules is quite easy.
This is due to the fact that the request has a certain structure. It completely coincides with the components of any other statement. So, for example, the document begins with a header located in the upper right corner of the sheet. Next comes the name with clarification, the main part with a story and a request.
After that, a sample of appeal of the decision on an administrative offense of the STSI is obligatory followed by a list of attached documents. It is numbered. It is important to indicate the number of copies of a particular paper. This item is called an application.
At the end, the citizen puts the date for submitting the request, as well as his signature with the decryption. Without the latter, the document will not have legal force. It follows that the application simply will not be considered.
About the arguments
As you might guess, you need to somehow justify your position. What arguments are most often used in practice? There are not many of them, but they are worth taking into account.
Quite often, when appealing a decision on an administrative offense of the traffic police (an example of a request is presented below), the following arguments are used:
- The decision is not substantiated;
- violation not proven;
- conclusions in the decision do not correspond to reality;
- Russian legislation was misinterpreted;
- it is necessary to take into account the applicant's evidence in relation to the matter under study.
This is not a complete list of reasons. More and more often when using special cameras for fixing violations, an appeal against the decision on an administrative offense of the traffic police takes place. You can refer to the fact that cameras can make mistakes. And this is really happening.
For traffic police
Now it’s worth considering which situations are best forwarded to the traffic police and which ones to court. Let's start with the first scenario.
An appeal against a decision on an administrative offense in the traffic police often occurs in the following situations:
- the presence of errors in the decision;
- the camera recorded other people's violations;
- in case of forced passage to a red light according to the instructions of the traffic controller;
- if the driver was stopped by traffic police officers where it is prohibited.
As a rule, the GAI considers everything that is understandable to a person, but not to a camera. This may include the incorrect interpretation of road signs. For more serious violations, it is better to go to court.
About courts and appeals
When is this possible? The appeal procedure against an administrative offense of the traffic police through a court usually does not stand out. With the exception of reasons for contacting the said authority.
Complaints can be directed here if:
- The traffic police insist on the position of "guilty", although in order to make a decision it is necessary to consider a set of facts that can prove innocence;
- for violations of administrative proceedings;
- if traffic police officers violate applicable law.
In fact, everything is much simpler than it seems. Especially if you follow a certain algorithm of actions.
Appeal Guide
What is this about? Consider the step-by-step operation mentioned. A sample appeal of the decision on an administrative offense of the traffic police is presented below. What to do after writing this paper?
In general, the operation looks like this:
- Get a fine or order in your hands.
- Within 10 days, contact the traffic police or the court with a statement of the established form.
- Prepare documents capable of proving the rightness of a citizen. They must be attached to the request.
- Wait for a response from the reviewing body and, if necessary, participate in the meeting.
It would seem nothing difficult. And there is. The main problem is the collection of evidence of the innocence of a citizen.
Sample
Below you can see a sample statement of appeal against the decision on an administrative offense of the traffic police. This is just a template that can clearly demonstrate what the document of interest to us looks like.
In practice, you can really prove your case. Especially if the person did not actually break the law. The right to appeal fines and decisions must be exercised. This advice is given by the traffic police of the Russian Federation. In particular, due to the fact that cameras for fixing violations are really often mistaken. In such circumstances, it is enough to pay a visit to the traffic police and revise the decision.
As evidence can be submitted photos, videos and audio files, certificates, extracts and even testimony. It all depends on the circumstances. The main thing is not to subject the attached materials to changes.