Appeal the decision on an administrative offense of the traffic police: where to apply, procedure, necessary documents, deadlines for submission and consideration

Every day, on the roads of the country, drivers of vehicles encounter traffic police. Day and night, they monitor the order on the roads so that the participants in the movement adhere to the established rules. They also punish motorists who break the law.

Each driver is faced with compiling a protocol for a misconduct on the road. Very often, the car owner looks differently at the situation that led to the drawing up of the act. The driver has the right to challenge the decision of the inspector. How to appeal the decision on an administrative offense of the traffic police? Where to begin? How to act in this situation? Where to appeal the decision on an administrative offense of the traffic police? These questions probably arise from citizens who find themselves in a difficult situation after communicating with the inspector and who set out to challenge the verdict.

The difference between the protocol and the decision

Protocol - a document drawn up by the inspector of the traffic police as a result of an incident or administrative offense. The document is official and requires serious consideration. However, the vision of the inspector himself is biased and does not prove the fault of the driver. It happens that during the execution of the act mistakes were made that could provoke an outcome. A protocol is considered invalid if:

• the article of the offense is not indicated;
• all witnesses are not logged, while the column in the protocol may be less than the number of people present at the event.

The decision is another document that is compiled on the basis of documented information and contains measures of restraint. In fact, this is the result of the considered administrative protocol. In case of minor offenses filmed on a road camera, he is discharged in absentia. More serious are sent to the court. The decision is made both in favor of the driver of the car, and against him. The offender receives a response within three days from the date of drawing up the act.

How to act during the execution of the act?

If the driver does not agree with the decision of the traffic police, how to appeal a similar situation? First you need to consider the tactics of protesting the decision. The protocol is the main document in the case. It is necessary to approach to filling out the protocol responsibly.

The main rules that must be observed when drawing up the act:

1. Read the entire document carefully.
2. Make sure that the scheme of the incident is attached. If it is absent or does not correspond to reality, pay attention to this in the “Explanations” section.
3. In the column of the act entitled “Explanations”, the situation should be clearly and clearly described using facts and evidence that are relevant to reality.
4. Make sure that blank paragraphs of paper are filled with text or dashes.
5. Get the support of witnesses who can confirm in writing the facts cited by the driver. The testimony of witnesses is attached to the act.
6. The names of the witnesses are entered into the act.
7. Evidence is needed in the format of a photo or video of the details of the scene.
8. Get a copy of the completed act and a diagram of the place of events.
9. Do not refuse to sign the document, there is a possibility of a fake signature. In case of disagreement, mention this in writing.

Should I sign a decree?

If the events led to a meeting with the traffic police inspector, not every driver has an idea of ​​the form of behavior during the compilation of the protocol. There are two options for how to act wisely:

1. There is a right to refuse to sign the drawn up protocol. Witnesses are required to confirm the driver’s reluctance to sign the document. In such a case, the traffic police officer will record the denial of the act.
2. The next method is more complicated. First, you should study in detail the documents drawn up. With full confidence in innocence, the driver should describe what happened in the “Explanations” section and indicate the inappropriate behavior of the traffic police officer in relation to the driver. Passengers are recorded as witnesses. If there is no record of witnesses or an offense scheme, you must document these facts yourself. If the signature is refused, the inspector will issue a resolution on the spot.

Appeal of the decision of the traffic police at the signing

Many drivers are wondering if it is possible to appeal the decision of the traffic police when signing a document. It should be remembered that the decision is not final. The appeal scheme is identical for both documents. Where to appeal the decision on an administrative offense of the traffic police? It is necessary to send an appeal to the court or higher authorities. If there is an indication of consent in the act, it will be difficult later to convince the court of the opposite. The applicant will need a lawyer. During the preparation of paper, you should not write down what the inspector dictates, since this information can be used against the driver (or a person who is directly involved in the preparation of the protocol).

What are the terms of the decision?

The act has a fixed validity period. After processing the document and imposing a fine, the driver must pay within 60 days. The motorist has 10 days to protest the paper. The document takes effect at the end of the term.

Appeal of the decision of the traffic police

Having figured out where to appeal the decision on the administrative offense of the traffic police, the driver must appear there with all the necessary documents (passport, copies of the resolution and protocol). The applicant must carefully and succinctly fill out the application. It is important to clearly state the situation and pay attention to violated legal acts. The complaint is filed not only to appeal the document, but also to appeal the actions of the inspector, which did not meet the standards of official conduct, which is a gross violation of the legislation of the Russian Federation.

How to appeal the decision of the traffic police?

If the driver does not know how to appeal the decision of the STSI, then 2 schemes of action are presented below:

1. To pay a fine.
2. To challenge the recovery. Article 30 of the Administrative Code establishes the right to appeal the decision. First, you should try to settle the case before the court within 10 days after the decision and receipt of the papers. In case of an offense recorded on the video, you should contact the department that issued the paper for appeal.

Where to go to appeal the decision of the traffic police?

Where to appeal the decision on an administrative offense of the traffic police? According to the administrative code, there are 3 instances for this:

1. The management of the inspector, who drew up the document.
2. The supreme body of the traffic police.
3. District Court.

When issuing a protocol, and then a decision by a certain inspector, it is necessary to decide in which court the decision of the traffic police is appealed. If the appeal is sent to several instances, the court is considered a priority body, so it is best to contact the court directly. This will speed up the process and give more chances to deliver the result in favor of the motorist.

Within three days, the complaint is redirected for review. The act describing the offense is sent to the judge and the official who executed it. Within 3 days, the data on the case must be sent to the court.

Application Form

How to appeal the decision on an administrative offense of the traffic police in court? The applicant must go to the right address and take a sample of the complaint or find it on the official website of the traffic police. The appeal form is free.

The procedure for filling out a complaint:

1. In the heading of the application, you must indicate the name of the authority, details of the addressee, applicant and his legal representative, if any.
2. Indicate the reason for the complaint. Succinctly, chronologically describe what happened.
3. Enter the date and place of the incident.
4. Describe in detail the situation and the participants, the actions of the inspector. Indicate information about the employee (surname, position), protocol number, decision number, violated traffic rules and the size of the fine.
5. Pay attention to inconsistencies in the preparation of the act.
6. Attach copies of documents proving the point of view of the driver, as well as a copy of the disputed document.
7. Submit a request for examination to confirm the explanation.
8. Submit a request for cancellation or reduction of the fine.
9. Put the date and signature.

Where to appeal the decision of the traffic police, having a compiled statement? The applicant delivers the document to the duty department, round-the-clock open for visits, or to the office of the authority to which the application is addressed, and is awaiting a decision.

You can also send documents by mail with a description of the attachment and a receipt of receipt, or fill out an electronic form on the official website of the authority.

What documents will be needed?

You will need a set of documents proving the driver is right:

• eyewitness accounts;
• photo and video shooting from the territory of the incident;
• the results of various examinations that answer questions considered in court;
• the conclusion of urban utilities about various factors that affect a car enthusiast (for example, the mode of operation of a traffic light).

Following is the procedure for appealing the act of an administrative offense of the traffic police.

Complaint

After receiving a complaint, the advisory bodies arrange an internal audit, request documents or materials. The driver is not allowed to consider the case. The answer is given within 30 days.

Upon opening the court case, the applicant receives a summons with the date and time of the hearing.

Appeal deadlines

The applicant can draw up and file a complaint within 10 days. The day of delivery of the act is considered the first. At the time of the hearing of the application, the effect of the imposed fine is temporarily removed.

If the driver could not appeal the decision of the traffic police on time for a good reason, he can file an application for an extension with a documentary justification of the reason.

The procedure and example of appealing the protocol to the judiciary

If the appeal at the court was not positive, the applicant has the right to appeal the decision in court. The application is submitted to the judicial department at the location of the inspection unit, which issued the decision. An example can be found on the Internet or compiled by yourself. There is no established filling form, only general rules for such documents.

How to appeal the decision of the traffic police in court? The sample of filling in the appeal of the decision involves the following points:

1. The heading of the document indicates the name of the official or the name of the court where he is sent.
2. Information about the applicant is filled in (address, contact information).
3. The incident is recorded competently and clearly in chronological order.
4. A list of requirements to abolish the fine, to accept the misconduct in part, with a different interpretation of the situation, to contribute to reducing the fine, is formulated.
5. Attach documents confirming the driver’s arguments, a copy of the protocol and the decision (photocopies of the documents for the proceedings, petition, scheme or photograph of the incident).
6. The application is signed and the date is set.

The court considers the application within 2 months.

On the basis of a document with a serious violation, involving the deprivation of rights or arrest, the case is immediately sent to court. The violator will be given a summons with the date and time of the hearing.

During the hearing, the accused may defend himself in the following ways:

• hire a lawyer;
• provide documents, audio and video recordings, testimonies;
• to solicit.

The decision is made following the results of the hearing. As necessary, the outcome is disputed by a higher judicial authority.

This article examined information on how and where to appeal the decision on an administrative offense of the traffic police. This will be enough to feel more confident when communicating with the inspector on the road, as well as when contacting the appropriate authorities to resolve the problem.

The main thing is to strictly follow all the recommendations described above and responsibly approach the issue. So the probability of a positive outcome will be higher.