How to appeal a traffic police fine from a camera
How to appeal a traffic police fine through State Services
Residents of megacities are constantly under the tireless control of video technology. Cameras mark everything, and traffic violations are no exception. But sometimes “chain letters” arrive erroneously: the decisions are not relevant to the car owner. What to do in such a situation? You can appeal a traffic police fine from a camera through State Services. We will consider the features and nuances of the process in the article.
Offenses detected by security cameras
Every year, cameras for automatic recording of traffic offenses are modernized, which makes it possible to track a greater number of violations and make Russian roads as safe as possible. You can receive a protocol by mail for committing the following violations:
- driving at excessive speed;
- running a red light;
- driving into the oncoming lane;
- violation of road marking rules;
- driving in bus lanes;
- failure to use a seat belt;
- transporting a child in the front seat without a special restraint;
- driving under prohibitory signs;
- making turns from the wrong lane;
- lack of external light turned on during the day or night;
- unpaid or incorrect parking, etc.
Why do errors occur?
Every car owner who has received an erroneous charge wonders how this happened. The process of tracking offenses and generating a fine includes two stages:
- Processing of images in video recording centers. Each incoming image is subject to careful checking. A special computer program reads the vehicle's license plate. Then the owner is searched in the traffic police database.
- Manual verification of the compiled protocol. The center's operators compare the car number from the photo with the numbers written on the fine receipt. Next, the completed resolution is sent for signature to the authorized traffic police inspector and the “chain letter” is sent to the addressee.
At each of these stages, an error may occur due to a technical failure or the notorious human factor:
- incorrect vehicle license plate recognition;
- errors in determining the owner of the vehicle;
- inaccuracies in the formation of the protocol for postal items.
Appeal algorithm
To appeal a traffic police fine through State Services, you will need to find evidence of your innocence (errors of the video recording center), and also spend a few minutes of your time filling out the appeal.
Registration on the public services portal
It is easy to access the user's personal account. All you need to do is enter some information:
- last name and first name;
- Mobile phone number;
- E-mail address.
A confirmation code will be sent to the phone number specified during registration to activate your account.
Next, you will need to fill out a user profile to access all portal services:
- passport series and number;
- TIN;
- SNILS;
- driver's license;
- place of residence;
- information about children;
- medical insurance, etc.
Appealing a fine
To appeal a traffic police fine from a camera through State Services you will need:
- Log in to your personal account on the portal.
- Find the corresponding section in the list of services. If you entered your driver's license and vehicle information when filling out your profile, the information will be displayed automatically. Otherwise, you will have to edit your profile.
- The system will display all active protocols. If they are created based on video recording data and the name of the violation, next to the “Pay” button there is an “Appeal” button.
Drawing up an appeal
To send data for an appeal, you will need to fill out all the fields of the form that appears after clicking the “Appeal” button:
- Name of company. to whom the application is addressed;
- Full name of the applicant;
- Method of receiving a response (written or electronic);
- E-mail address;
- Cell phone number.
- Next you need to enter the text of the appeal. It briefly outlines the situation, the number of the controversial decision, as well as information about one’s own innocence.
- Then you will need to add files confirming the essence of the request.
- Enter the picture code on the screen.
- Click the “Send request” button.
The following may serve as evidence of the vehicle owner’s innocence:
- data of witnesses confirming that at the specified time the vehicle was in a different place (full name, contact phone numbers for communication);
- files from the DVR;
- parking receipts;
- documents confirming the stay of the car owner and the vehicle in another locality;
- car sale agreement;
- technical expertise data;
- a copy of the statement about the theft of a car, dated earlier than indicated in the resolution, etc.
Features of appealing traffic police fines
It is possible to declare the decision erroneous and not to pay the receipt on legal grounds only within 10 days from the date of receipt of the “chain letter”. If the owner of the vehicle does not live at the place of registration or for some reason does not receive correspondence, most likely he will miss the allotted period for appeal. In this case, the fine can only be canceled during the trial.
Healthy! If the deadline for canceling the decision is missed for a good reason (being under treatment, a business trip, vacation abroad, etc.) and there is documentary evidence of this, the missed deadline can be restored. To do this, you will need to submit an application to the court and attach all available evidence.
If you received a fine for an offense that has nothing to do with you, seek justice. The emergence of the State Services portal has made this process much easier and more accessible. Now you don’t need to knock on the doorsteps of government agencies; it’s enough to have a mobile device and a stable Internet connection at hand.
Still have questions?
Consult a lawyer (free of charge, 24 hours a day, seven days a week):
Attention! Lawyers do not make appointments, do not check the readiness of documents, do not advise on the addresses and operating hours of the MFC, and do not provide technical support on the State Services portal!
How to challenge a traffic police fine from a camera
The technical equipment of roads with cameras allows the traffic police to record violations committed by vehicle drivers. Inspectors have at their disposal portable and stationary radar systems, automated photo and video cameras with recording devices.
Control means allow you to record a violation of traffic rules and make a decision without communicating with the driver or drawing up a protocol. The decision to impose a fine is sent to the offender by mail. Unintentional or deliberate failure to receive a letter with a decision does not relieve the driver of the vehicle from liability. The situation has 2 options for development - paying a fine or challenging its eligibility.
Types of violations recorded by technical means
A complete list of violations related to administrative offenses is given in Chapter. 12 Code of Administrative Offences. The most common violations are:
- Driving through a prohibitory signal or sign.
- Violation of maneuvering rules (reversing, endangering other participants, making a U-turn or turning from an undesignated lane).
- Exceeding the permissible speed limit on the section.
- Violation of stopping or parking procedures.
- Moving in the oncoming lane, crossing a double continuous lane.
- Violation of seat belt use.
- Transporting children in the front seat without special protective equipment.
The fact of a violation established using a fixing technique must be obvious. The recipient of the fine must make sure that the photo shows a specific vehicle with readable license plates and the type of violation. After the decision is made, the burden of proving non-involvement in the violation lies with the driver.
Important! A fine is imposed only on the person driving the vehicle at the time of the traffic violation.
Reasons for data errors
When using technical means, errors may occur in establishing the fact of a violation. Despite the use of computer technology to read and recognize license plates and search for the car owner using databases, there is a possibility of incorrect data occurring. Photographs sometimes reveal an unreadable vehicle number and inaccuracies in recording violations, for example, the absence of clearly defined road markings when determining lane crossings. In some cases, a copy of the resolution is sent to a person who is not the car owner.
In addition to challenging the legality of the basis for issuing a fine, there are objective reasons that allow you to appeal the sanction. A person is exempt from paying a fine if there are special circumstances at the time of violation:
- Finding the funds under the management of another person.
- Disposal of a vehicle that was not taken into account during registration in the databases. In some cases, data inconsistencies arise when there is a delay in the registration of vehicles by the new owner.
- The vehicle is stolen or the owner does not have the equipment due to other illegal actions.
- Violation in conditions of extreme necessity. The situation arises in the presence of force majeure circumstances. In this case, the violation arose to prevent more serious consequences - an accident, a collision with a pedestrian.
When appealing the imposed sanction, the car owner must clearly describe the reason for his own innocence - the expiration of the statute of limitations, the absence of a crime, the imposition of a double fine for one violation, procedural violations and other grounds.
During the period of filing a complaint to invalidate the violation, the obligation to pay a fine is suspended. An appeal against a decision is carried out in several stages, taking into account the level of jurisdiction.
Time limit for appealing a decision to impose a fine
A person who has received an unlawful fine may appeal the said sanction. The deadline for filing a complaint is 10 days, calculated from the date of receipt of a copy of the decision (Article 30.3 of the Administrative Code). If the deadline for challenging is missed, the resolution comes into force. To fulfill obligations, 60 days are provided, calculated from the date the document enters into legal force (Article 32.2 of the Administrative Code).
Persons considering the complaint have the right to restore the missed deadline based on the request of the applicant. Valid reasons for missing a deadline due to illness or departure are documented. If the restoration of the period is refused, a determination is issued by the body to which the petition was submitted.
Bodies having the right to lift sanctions
A complaint about the cancellation of a fine with a request to terminate administrative proceedings is submitted to the traffic police or a judicial authority. The official (or list of persons) to whom complaints are sent are indicated in the resolution. The judicial authority is determined by the place of registration of the plaintiff. The territorial affiliation of the judicial body is presented on the Internet portal of the judicial department.
The choice of the authority to file a petition to appeal a fine (traffic police or court) is determined by the grounds for the appeal. The applicant carries out the appeal procedure independently or with the participation of third parties.
A person whose administrative liability case is being considered in court has the right to file a petition to attract a defense attorney or another participant without issuing a power of attorney.
Lawyer, Doctor of Law, Professor A.A. Shugaev
How to challenge a traffic police fine from a camera?
If you receive a ruling on a violation, you can always appeal it. The same situation applies to fines issued based on the operation of automatic surveillance cameras. The appeal algorithm in 2019 is quite simple. The main thing is to decide to take such a step. Experience shows that the first time is scary and it’s unclear what to do. The unknown is also scary. But after the initial appeal and the result, everything goes according to the previously developed scheme. The nice thing about this is that it is easy to write a statement for a violation issued based on the operation of the camera. This does not require any special skills. A regular application with generally required details.
And further, just about when you can and cannot appeal a fine based on cameras, what you need to do to get a positive result.
On what basis can you file an appeal against a speeding fine?
In order to appeal a decision, a basis is required. It is impossible to submit an application without specifying a reason or arguments.
What may be grounds for appeal:
- The device used to measure the speed of a car operates with an error. Such an error was not taken into account when identifying the fact of violation;
- the vehicle under the sales contract belongs to the new owner, who simply has not had time to register it yet;
- the driver of the car at the time of the violation was not the owner of the vehicle, but another entity;
- the received resolution on the violation does not contain the electronic signature of the inspector who recorded the event;
- An error was made in recognizing the vehicle registration number.
This is not a complete list of reasons, but the most common and effective. For example, if you indicate in the application the fact that there was no indication of photographic recording, then there will be a 100% refusal. The same situation applies if the fact is recorded by portable video surveillance cameras.
Instrument error
According to the rules, in the city you need to move at a speed of no more than 60 km/h. At the same time, the speed limit is 20 km. per hour will not legally affect the driver in any way. There is no fine for speeding up to 80 km/h. Anything above this figure is subject to a fine.
But there is one point here: to correctly record the speed, the camera must be installed at the correct angle. If this angle of inclination is violated, then a slight error in determining the speed may occur. For example, frequent violations are a speed of not 120 or 150 km. per hour, namely 82-83 km/h.
How to be in this case? You need to find out the error of the device that recorded the speed. As a rule, the error of almost all devices is 2 km/h. We get that at a speed of 82 km/h. the driver is not breaking the Law. And this is confirmed by administrative law. The driver can easily appeal this decision.
The car was sold, but not re-registered by the new owner
This is the simplest option. It is enough to have a car purchase and sale agreement in hand. You must write a statement indicating this reason. Attach a copy of the contract as justification. To make sure that your name will no longer receive fines for a sold car, you can independently contact the authorities and deregister the car on the basis of a purchase and sale agreement.
The vehicle was driven by another subject
It is quite difficult to appeal your guilt here. The law obliges to issue fines to vehicle owners, regardless of who was driving the car at the time of the violation. A decision can be appealed only when the violator is included in the insurance policy as a subject admitted to management. Then a copy of such a policy is attached to the application.
Lack of electronic signature in the resolution
Any decision on violation of the rules is issued electronically. Accordingly, such a document must have an electronic signature of the person who compiled the paper. Only after the document has been compiled correctly is it printed and sent to the driver. If the resolution does not contain the inspector’s signature, then this is a gross violation of the rules. And the driver is not required to pay a fine based on such a document.
The Supreme Court is on the side of the drivers in this situation. It allows the subject to appeal the decision and allows by law not to pay the issued fine.
The automation did not work correctly. The number was not recognized correctly
Anything can happen, even the program makes mistakes. Therefore, you just need to attach copies of the registration documents for the car to your application. The fine will be removed.
What is the deadline for filing a complaint against a camera fine?
The disadvantage of an appeal is that the period for its implementation is not as long as we would like. Now the deadline is 10 days from the moment the driver received a copy of the decision. And this is important. After all, the decision can reach the driver a week after the fact of its preparation.
If you carefully read the resolution itself, it also says about this possibility (see the last paragraphs of the resolution).
When receiving a resolution, the main thing is not to get confused. If you clearly understand that you did not violate, then you need to record the date of delivery of the letter. When sent by mail, such date is indicated in the notice. It is more difficult if the letter was dropped into the mailbox and you were away from home. Then you need to indicate the reason that led to the impossibility of receiving the letter on time. Document the stated reason.
In practice, it is difficult to restore the period for appealing a decision on an offense. It's not even possible. These are isolated cases.
Where to file a complaint?
There are two options where to file a complaint:
- to court. It is worth contacting the local court where the offense was committed. You can file a complaint in both the district and city courts.
- to the police. The complaint is submitted to the head of the police department, under whom the inspector who issued the fine works.
The advantage is that if the applicant makes a mistake in subordinating the territorial police department or court, the complaint will automatically be forwarded to the correct department or court. Therefore, feel free to file a complaint wherever you see fit.
Sending by mail
The most correct option is to submit an application not in person, but by mail. The letter should be submitted with notification. So there will be evidence that the document was delivered, and the date of appeal will be indicated. The court or police cannot fail to respond to such a statement.
Is it possible to file a complaint to challenge a fine online?
In the age of online technology, I wanted to be able to appeal any decision of regulatory authorities via the Internet. A fine is no exception. But, unfortunately, there is no legislative possibility for such events. An online application will definitely not be accepted in a court of any jurisdiction. So you shouldn't even try. But you can try with the traffic police. Here, as they say, everything depends on the will of a particular department.
For example, if you go to the official website of the inspectorate, you will see a message about accepting complaints electronically. But this is only an expression of the will of the body, and not a legislative requirement. Therefore, the traffic police can either accept the complaint and consider it, or not accept it. There is also a decision of the Supreme Court, which states that it is impossible to appeal a fine via the Internet.
Conclusion: it is impossible to appeal an accrued fine online. It's not worth even trying.
What to write in a complaint - step-by-step instructions
Despite the fact that there is no strict form for filing a complaint, there are generally required document details. And further about them.
What must be included in the appeal:
- it is necessary to indicate where the resolution is submitted: name, legal address;
- from whom the complaint is being filed, indicating the contact telephone number and place of residence;
- “COMPLAINT” or “STATEMENT” is written in the middle;
- The first paragraph of the complaint itself contains information about the decision itself. The essence is stated: in whose name, when was the decree issued; by whom, on the basis of what violation, indicating articles of regulatory legal acts;
- the second paragraph indicates the essence of the reason that led to the current situation;
- arguments and evidence are given that indicate the opposite. For example: “...the car under the purchase and sale agreement No....from... was sold to the subject. ";
- the last paragraph contains a request to cancel the fine;
- the attachments that, together with the complaint, will be sent to the court or the traffic police are indicated.
And, as always, at the end the document is signed, the transcript of the signature is indicated, and the date is set.
Form and sample of a complaint against a decision from a camera:
When a decision is made in favor of the owner
Practice shows that drivers often win in these cases. Of course, this doesn't always happen. But there is a list of cases when the truth is always on the side of vehicle owners:
- Photos from cameras are of poor quality and it is impossible to actually see the license plate number of the car;
- the speed indicated in the resolution contradicts reality - the vehicle, purely technically, cannot drive at the specified speed;
- the fine was issued for a violation that was committed in a place where there is no warning sign;
- the violator is not the owner of the car, but another driver who was allowed to drive at the time of the violation;
- The video camera model itself does not have a certificate confirming the possibility of its use for recording individual facts of violations. For example, not all cameras can record an unbelted driver, lights turned on, etc.
It is also worth knowing: if there is only one violation and was recorded by one device, then the fine must also be issued in a single copy. And then there is a situation when the driver receives several orders at once.
What happens if you just don't pay?
When a driver receives a decision about a violation for which he is not yet guilty, his first reaction is not to pay. This is absolutely not the right reaction. Until the fine is appealed, it is registered with a specific entity. Failure to pay it on time will result in a fine or penalty. For example, a fine for late payment results in a double fine. But that's not the worst thing. There are also other measures. They may prohibit travel abroad, block accounts, describe and sell property, etc. If bailiffs get involved in the work, there will be no time for jokes. To avoid such troubles, it is better to immediately challenge this fact.
Step-by-step instructions on how to challenge a traffic police fine from a video camera
If you have been given an unfair fine, in your opinion, for an offense on the road, if you want to challenge the traffic police fine from the camera, then you need to contact the Code of Administrative Offenses of the Russian Federation . It provides two options for the appeal process.
- Appeal and subsequent appeal in court.
- Appeal to a higher representative of the relevant executive branch.
Average citizens consider the option of filing an appeal to higher authorities to be ineffective due to the fact that in every such system, subordinates for the boss are his face, and the boss will try in every possible way to make amends for the possible guilt of his employees. However, the courts also cause some hostility due to paperwork, long proceedings and other reasons.
In order to begin the process of appealing a fine a number of actions must be taken:
- It is necessary to prepare information about the document on the basis of which the fine was imposed on you: This information includes: the date of its execution, the person of the representative.
- Indicate the reasons why you consider the fine imposed on you to be unreasonable.
- Attach all the evidence that confirms the absence of your guilt. Despite the fact that Article 1.5 of the Code of Administrative Offenses of the Russian Federation provides for such a concept as the presumption of innocence, but specifically in the case of appealing a fine, it is not the traffic police who proves your guilt, but you prove your own innocence.
- At the end of the complaint, you must directly indicate your demand for the cancellation of the fine on the basis of Articles 30.1 and 30.7 of the Code of Administrative Offenses of the Russian Federation.
- After completing the preparation of the appeal application, you should find out who you need to contact. To do this, just contact local traffic police departments through government services or visit the official website - you can always find the relevant details of the authorities there.
How to challenge a fine in court
If the complaint was rejected, or not considered at all, then all that remains is to file an appeal with the court of the district where the decision was made to impose a fine on you. Sometimes it is better to immediately go to court without appealing to higher authorities, for example, if you were given a fine within the jurisdiction of one traffic police department, and you are in another area.
In general, preparing a complaint for the court is similar to a complaint to the traffic police itself, however, there are some differences. Among them is the publicity of your complaint. The complaint will be considered during a trial, at which you have the right to call witnesses to prove your innocence. But the defense in this case also has every right to resort to the same possibility.
The deadline for filing an appeal with the court is 10 days from the date you were assigned a fine. After the application is accepted in court, the case will be considered for up to two months, in some situations – up to six months.
Depending on the court’s decision and in accordance with Article 30.7 of the Code of Administrative Offenses of the Russian Federation, the following decisions may be made upon your appeal:
- Refusal. In other words, the verdict on your application does not change; you are required to pay a fine. However, refusal does not mean the end; an appeal against the refusal is possible in the higher judicial authorities, i.e. if you are denied an appeal in the district court, go to the appellate courts, if you are denied an appeal, then go to the courts of the second cassation, and so on.
- Change of resolution. Depending on the court's decision, you may remain guilty and be required to pay a fine, but for a different reason. For example, if you were accused of driving on the side of the road , but this was subsequently refuted, however, the fact of exceeding the permissible speed on your part was established.
- Cancellation of the fine. If your offense is considered minor in accordance with Article 2.9 of the Code of Administrative Offenses of the Russian Federation or your guilt is acquitted during the proceedings, then you will be exempt from paying the fine.
- Reconsideration. There is a place for this to happen in situations where gross procedural violations were established during the trial, on the basis of which it is impossible to put forward a fair verdict.
Appealing a fine from a camera
Any technology is characterized by shortcomings, and it happens that these shortcomings lead to significant errors in their operation. Cameras can make mistakes too. They may incorrectly recognize the license plates of the car, its driver, etc.
Appealing a fine from a camera will be successful in a number of cases, including:
- If your camera model is not certified to perform certain tasks. For example, if you were ordered to pay a fine for not wearing your seat belts, but the only evidence of this is images from a regular camera. The point is that only certain video recording systems have the right to evidence violations like this.
- If the driver of the vehicle was not the owner of the car, but someone else. In this case, Article 2.6 Part 2 of the Code of Administrative Offenses of the Russian Federation is applicable.
- If the photos from the camera do not allow you to determine the license plates of the car in detail.
- In cases where speed detectors - radars - are installed in combination with the camera, and the fact of speeding was witnessed, however, the vehicle, due to its technical characteristics, could not reach such a speed.
- If there is no video recording sign. In this case, the absence of a warning sign is equivalent to the absence of a violation. However, this does not apply to recording violations using mobile speed detection devices.
Types and amounts of traffic police fines according to the Code of Administrative Offenses of the Russian Federation
You can give an example of the most common transport violations and sanctions for their commission.
- For exceeding the established speed of movement. Article 12.9 defines the permissible threshold depending on the place at 20, 40, 60 and 80. Depending on the speed violated, the size of the fine also changes: from 500 to 5000 rubles or deprivation of rights for a year.
- For running a red light. Although not only red. For driving through a prohibiting traffic light, Article 12.12 Part 1 provides for a fine of 1,000 rubles.
- Behind the stop line. Violation of the rules on stopping in front of the stop line indicated by the corresponding road signs, in accordance with Article 12.12. Part 2 entails a fine of 800 rubles.
- Pedestrian fine. Article 12.18 provides for a fine of up to two thousand rubles for failure to comply with traffic rules, which establish requirements to give way to pedestrians in places designated for them.
Appealing a paid fine
The list of situations in which a refund for paying a fine is possible is quite small; it includes:
- Payment of a fine using incorrect details.
- Re-payment of fine
- Payment of a fine by someone other than you personally.
If your situation is included in the list, then you have the right to request a refund from the city or regional traffic police, whose employees imposed a fine on you.
How to appeal a decision on video recording 2019
How to appeal a fine for video recording 2019? Sample document, procedure for appealing a traffic police decision on video recording.
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Against the backdrop of the massive introduction of photo-video recording systems in front of
The motorist community is increasingly raising the issue of failures and incorrectness in
operation of new police automatic systems.
Features when appealing traffic police decisions on video recording 2019
The situation is aggravated by the fact that, firstly, failures of a properly installed or incorrectly adjusted camera are widespread, and secondly, fines for them often come from remote transit regions - which complicates the process of filing a complaint against video recording of the traffic police.
Unfortunately, in the current judicial practice of the Russian Federation, it is almost impossible to appeal a video recording fine for speeding. The only things that can be canceled are completely absurd regulations issued to cars on tow trucks or fines for “cosmic” speed violations.
Complaints against the traffic police’s decision on video recording have little prospects in the case of a stop line. Especially if there is a stop sign nearby or there is at least some form of paint on the road.
In addition to frankly erroneous fines, filing a complaint against a traffic police administrative violation resolution received from cameras makes sense if the vehicle’s owner was not driving. Especially if the car has already been sold and a purchase and sale agreement has been drawn up.
If a friend or relative was driving, in a number of situations it makes sense to re-issue a traffic police fine to him. Especially when a large fine for repeated violations looms on the horizon.
Appeal a fine for someone else's car
Another popular fine from traffic police cameras that makes sense to appeal is a fine for someone else’s car. Often the traffic police camera makes mistakes and confuses license plates that are similar in appearance. Such fines are usually appealed without problems.
Deadlines for appealing traffic police fines from cameras?
Despite the fact that you can find out about a fine from cameras through special services long before the letter appears in your mailbox. The appeal period starts from the moment the paper version of the fine is received. In order to prepare and file a complaint, the state provides a period of 10 days. A complaint can be filed both with the traffic police and with the judicial authorities at the place where the alleged offense was committed. If a registered letter is dropped directly into the box, 10 days are usually counted from the date of its delivery (mark on the stamp).
From the moment of filing a complaint with the traffic police or the court until receiving an official response, the motorist has the right not to pay a fine, even if the delay in the work of the authorities exceeds the 60 days allotted by law for paying the traffic police fine.
In addition to the official proceedings in court or the traffic police, a motorist in large cities can take an alternative route - by contacting a center for video recording of violations. As a rule, such structures are helpful to motorists, especially in absurd situations.
Where can I appeal a traffic police fine from a camera? There are two official options: the traffic police and the court. You can jump over the first one, since the police have little chance of proving something in a sensitive case.
The complaint is submitted to the specific authority indicated on the letter. The complaint is written to the head of the traffic police of the city or region. The document can be brought in person or sent by registered mail. The main thing here is that you still have evidence of sending the complaint - receipts and incoming numbers.
In the case of a court, the complaint must be submitted to the body whose territory of responsibility coincides with the place where the offense was committed.
The response from the body to which you filed the complaint, be it a court or the traffic police, according to the law, must be received within 10 days. Deadlines are usually met.
There are no strict requirements for filing complaints about video recording in Russia. A sample complaint about a traffic police fine from a camera is usually posted in a prominent place in any district court - where the secretary also gives advice on how to correctly fill out the application.
The complaint itself must indicate the department, name and position of the person to whom it is addressed; your name and contact information; information about the decision (by whom and when issued, number); the essence of your request is the cancellation, reclassification or mitigation of punishment.
At this stage, it is best to attach to the complaint all possible documents proving your case. We can talk about photographs of the place where the alleged offense was committed, as well as any other displays, diagrams and documents.
Sample complaint
A sample complaint will help you appeal a traffic police fine from a camera.
Example of a complaint
Head of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs for [.
] region/city Ivanov Ivan Ivanovich
from Petrov I.I., living at the address [. ]
COMPLAINT
against a decision in a case of an administrative offense
On July 1, 2019, I received a resolution in the case of an administrative violation recorded by a video recording complex, according to which I was held accountable in the form of a fine of 1,000 rubles in accordance with Part 1 of Art. 12.12 Code of Administrative Offenses for driving through a prohibiting traffic light signal. I consider the imposition of this penalty on me to be unlawful for the reasons stated below.
On June 16, 2019, at the intersection of Lenin Street and Griboyedov Street, traffic control was carried out by a traffic police officer (traffic controller). According to clause 6.15 of the Traffic Regulations of the Russian Federation, the driver is obliged to comply with the requirements and signals of the traffic controller, even if they contradict the traffic light signals. I passed the intersection at the prohibitory traffic light signal in the forward direction, but at that moment the traffic controller was positioned on my left side with his arms outstretched - according to clause 6.10 of the Russian Traffic Regulations, this signal allows passage of the intersection in the forward direction.
Based on the aforesaid and guided by Article. Art. 30.1, 30.2, 30.3 of the Code of Administrative Offenses of the Russian Federation, I ask you to cancel the decision on an administrative violation (details of the decision: by whom, when issued, number).
I am attaching to this complaint a copy of the resolution, as well as a link to a video recording from a complex of video recordings of violations (you can also attach other documents, petitions, photographs, diagrams, and so on).
Date and signature
The example given above will tell you how to appeal a traffic police fine from a camera. Your application to the judicial authorities should look something like this. Under the text of the complaint, it is advisable to list the list of attached documents.
If you decide not to attend the hearing, the trial will take place without you. The answer will either be a decision to cancel the decision in the case of an administrative offense, or leave it in force. However, in case of refusal, you still have the opportunity to submit complaints to higher authorities within ten days. The period of 60 days that is given to pay the fine will begin to count 10 days after the refusal (if any) from the final authority - usually a regional (regional) court.