How to appeal a traffic police report if you signed it

Is it possible and how to appeal a traffic police report on an administrative offense?

During travel, controversial and borderline situations often arise. This is when the traffic police inspector is sure that the driver has violated, and feels an irresistible desire to draw up a report. At this time, it is better not to argue with him.

We must not forget that the driver always has the right to appeal any actions of the inspector. Today we will tell you how to appeal a traffic police protocol if you signed it, how to write a complaint against an employee if he forgot about his duties and rules of communication, as well as other important nuances.

Is it possible to do this

A protocol is a technical document that only records the circumstances and location of the alleged violation. And it can be appealed only when its compiler made a gross technical error and only in court.

But there is no point in relying on this, because this happens infrequently. Therefore, if you are completely confident that you are right, then you need to appeal documents that, based on the protocol data, confirm the violation with reference to the unfulfilled clause of the rules and the amount of the fine, namely:

decision on the case of an offense;
the court's decision.

And the fight for justice must begin at the stage of drawing up the protocol. For this:

Read the entire protocol with passion.
It must be accompanied by an incident diagram. If it is not there or it is not true, note this in the explanations to the protocol.
Demand that the names of witnesses be included in the protocol.
Video or photograph details of the scene. The court, by its decision, may accept them as evidence.
Place a dash in all unfilled lines of the protocol.
You cannot refuse to sign the protocol, as your signature may be forged. You must record your disagreement.
And finally, a copy of the protocol and diagram of the scene of the incident should be with you after all the procedures related to registration.

We will tell you below how to appeal if you do not agree with the traffic police protocol.

Have you been issued a ticket for parking in a disabled space, but you don’t agree with it? Then the following video will tell you about appealing such a document:

How to properly appeal a traffic police protocol on an administrative offense

The traffic police officers must familiarize the alleged culprit with the decision that was made on the basis of the protocol drawn up. At the same time, they are obliged to thoroughly explain to the person involved in the case his rights to appeal the decision and the deadlines within which he must meet.

First, let's figure out where to appeal the traffic police administrative violation protocol.

Where to contact

The Administrative Code defines three instances where it is possible to appeal against what the driver considers to be an unlawful drawing up of a protocol and the issuance of a ruling on an offense based on it:

To the head of the unit that employs the inspector who compiled the protocol.
To the higher authority of the traffic police, to which this unit is subordinate.
District Court.

How to file a complaint

There are no forms for drawing up complaints of this kind, but one of the factors in making a positive decision is still its correct execution from a legal point of view. The complaint should have approximately the following format:

In the upper right part, the complete details of the addressee, the applicant and his legal representative, if any, are indicated sequentially.
Then the reason for drawing up the complaint (an unfounded protocol or a punishment order drawn up on its basis).
Date and place of incident.
Detailed circumstances indicating the characters involved.
Description of the actions of traffic police workers. That is, the position and surname of the inspector who drew up the protocol, the protocol number, the resolution number indicating the allegedly violated traffic rules and the amount of punishment.
Indication of inaccuracies and violations in the preparation of the protocol and your vision of what happened.
Arguments in favor of your option.
A link to witness testimony or the presence of any documentary evidence of your case.
Next comes a request for the possible appointment of an expert examination to verify your explanations.
And in the final part there should be a request to remove or mitigate the punishment.
At the very end, the date and signature of the applicant and his legal representative are placed.

From us you can download a sample complaint to appeal the traffic police administrative violation report.

Sample of appealing a traffic police protocol on an administrative offense

Is it possible to challenge the traffic police report if you signed that you agree?

There are frequent cases of motorists violating traffic rules, as well as traffic inspectors exceeding their powers. Based on an administrative violation, inspectors draw up a protocol in the name of the violator of the law. The presented document is signed by the citizen as a sign of familiarization with the contents of the act. Therefore, if you disagree with the actions of the traffic police officers, the driver has the right to challenge the effect of the resolution if he signed it.

Procedure

How to challenge a traffic police report if you signed it? If it is necessary to implement the procedure, you should keep in mind that it is impossible to challenge the issued inspector’s report. A citizen has the right to annul only a resolution that is drawn up taking into account information from the protocol. If you signed a document, you also have the opportunity to cancel it.

Grounds for challenging the traffic police protocol if you signed it:

The document contains a procedural error;
The inspectorate employee exceeded his authority during the execution of the act;
An incorrectly qualified violation of traffic rules makes it possible to challenge the protocol if you signed it;
The presence in the document of distortions, typos, incorrectly filled in fields, lack of indications of witnesses.

Procedure for challenging the act if the driver signed it:

When filling out the document, it is recommended to carefully read its contents;
In empty sections, marks are placed indicating the absence of information;
The “Explanations” section should reflect the driver’s comments regarding the drafted resolution;
Receiving a copy of the document on the basis of which it is possible to challenge the fine;
Collection of evidence and materials indicating the driver’s innocence. Photos, videos, audio materials, and witness statements serve as evidence;
Filling out a complaint and forwarding it to the appropriate authorities. The content of the claim reflects the essence of the problem in a reasoned form and the applicant’s requirements;
The driver has the right to write a statement of claim and send it to court in order to challenge the decision to impose a fine.

Read about the fine for not having a waybill at the following link:

Where to contact?

To challenge the protocol, if you signed it, you need to write a complaint to one of the following bodies:

Contact the head of the traffic police department in which the decision to impose a fine was issued. It is possible to submit a complaint in electronic format on the official website of the traffic police;
To a higher inspection, which is responsible for road safety;
To the court at the place of registration of the citizen.

The complaint is considered by the traffic police inspection within ten days. After the specified period, the applicant receives a written response.

Initiating legal proceedings is the most effective way to challenge the protocol if you signed it, since claims sent to the traffic police departments in most cases remain unconsidered. The filing of a statement of claim in court is accompanied by clarification of the circumstances of the case, the provision of evidence, and an indication of the plaintiff’s demands for the cancellation of the decision and fine. When sending a claim to a judicial institution, the act is supplemented with a copy of the protocol, resolution and identification card.

The duration of consideration of the issue in court is two months. Disagreement with a court decision provides a citizen with the opportunity to challenge the decision of a judicial institution. You can appeal a court decision only once.

Within what period of time from the moment of signing the protocol can it be challenged? Regardless of the chosen option for protecting legal rights (by sending a claim to the traffic police department or the court), you can challenge the protocol, if you signed it, within ten days . If the driver wishes to send a complaint by mail, the duration of delivery of the registered letter is not taken into account.

If there are compelling circumstances, the period for challenging an administrative offense is extended. These circumstances require documentary confirmation. We are talking about a serious illness, family circumstances, or being on a business trip.

How much does it cost?

You can challenge the traffic police report, if you signed it, in court. There is no state fee for filing a claim in court.

For a positive outcome of the case, it is recommended to seek help from an experienced lawyer. You can take advantage of free legal advice on our website by leaving a request.

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