Complaint about the traffic police administrative violation protocol

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

The procedure for appealing a traffic police protocol on an administrative offense in 2019

Different situations happen on the roads, but the traffic police inspector can also make mistakes. If he is confident that he is right, it is better not to create a conflict situation and allow him to calmly draw up a protocol. Our legislation allows you to challenge the legality of the imposition of a penalty. To protect your infringed rights, you should know how to appeal the traffic police protocol on an administrative offense in 2019.

What is a protocol on an administrative offense

A traffic police report is an official procedural document that is drawn up when facts of traffic violations are identified and the driver who committed them is identified. Both parties must be present when filling out the document. An inspector draws up a protocol, seeing that the driver’s actions constitute an administrative offense. He must describe what happened. The driver also sets out his vision of the situation in writing in this document.

The protocol is not complete evidence of the driver’s guilt, but a decision on an administrative offense is made on its basis.

If there is a witness who can refute the inspector’s arguments, or a video recording confirming the driver’s innocence, he will have a chance to avoid paying a fine. The case will not reach the point of issuing a decision if gross errors were made when drawing up the protocol.

Is it possible to appeal the protocol?

If a controversial situation arises, the driver is asked whether he can appeal if he does not agree with the traffic police protocol. We live in a democratic state where a citizen has the right to defend his legal rights when they are infringed. The situation with the unlawful imposition of fines is no exception. The right to appeal an administrative penalty is stipulated in Article 30.1 of the Code of Administrative Offenses of the Russian Federation. It should be noted that not only the protocol, but also the decision made on its basis can be challenged.

What violations must be referred to during the appeal process?

The procedure for appealing the actions of a traffic police inspector rarely leads to the desired result. When contacting higher officials or judicial authorities, it is very important to point out violations committed by the inspector, or present direct evidence of your innocence, including testimony from witnesses willing to confirm your version. They must come to the court hearing and testify in your favor.

According to the requirements of Article 28.2 of the Code of Administrative Offenses of the Russian Federation, when drawing up a protocol, a traffic police officer must comply with the following requirements:

Indicate the exact time and place of drawing up the protocol, as well as your full name. and position.
Indicate the personal and contact information of the perpetrator, witnesses and victims.
List all the articles of the Code of Administrative Offenses of the Russian Federation, which he convicted the driver of violating.
Explain to the citizen being held accountable his rights and obligations.
Give the offender, witnesses and victims the opportunity to express in writing the essence of the current situation, as well as their disagreement with the inspector’s position.
If non-compliance with traffic rules led to an accident, its diagram should be attached to the protocol, as well as recordings from video recorders, if available.
The protocol must be signed by the inspector and the citizen being held accountable, and in case of refusal, the traffic police officer notes this point in the document.

If at least one of the above points is violated, you can file a complaint with the court or higher officials. If the inspector attracted witnesses, but one of them is an interested party, this fact must also be noted in the protocol.

Complaint procedure

If you receive a copy of a protocol that you do not agree with, you must clearly understand what to do next to protect your legal rights. If you wish, you can seek help from an experienced lawyer, but his services are not cheap. In case of deprivation of a driver's license, this option is optimal, but when it comes to disagreement with a fine, it is not always wise to involve a lawyer.

Not all drivers know how to appeal a protocol when it was drawn up in another region, several hundred kilometers from home. By default, the case is considered at the place where the violation was committed. But, if you intend to appeal the inspector’s decision to impose a penalty, already when filling out the protocol, you can request that your case be transferred for consideration at your place of residence. To do this, write in your own hand in the appropriate column: “Please send the protocol to my place of residence,” and indicate your address.

The document must be sent to the traffic police department of your city or district. After this, you will be able, following the procedure for appealing the protocol, to file a complaint with the judicial authorities at the place of your actual residence.

Actions of the driver during the preparation of the protocol

You should think about protecting your legal rights already during the preparation of the protocol and take the following actions:

Carefully read the text written by the inspector.
Write your own version of what happened in the “Explanations” column. State and justify your disagreement with the inspector.
If you were not given a copy of the accident report, please note this fact.
Enter the details of witnesses on your side if the inspector has not done so.
Before you sign, cross out all blank fields so that no one can add anything there in the future. Remember, if you signed the protocol, but set out your arguments in it, it will be easier to appeal the document in the future.
It is advisable to photograph or videotape all the details that are relevant to the current situation and will help confirm that you are right.
You definitely need to take a copy of the protocol - it may be needed in court if somehow another version of the document appears.

Where to go to file a complaint

If a controversial situation arises with a traffic police officer, it is important to know where to go to appeal an unfairly drawn up protocol. In this situation, you can act in one of the following scenarios:

If you disagree with the amount of the fine imposed, you can contact the inspector of the administrative legislation enforcement group of the State Traffic Safety Inspectorate.
If you do not agree with the actions of the inspector, you can first file a complaint with the head of the traffic police department in which he works.
In difficult situations, you can write to the Main Directorate of the Traffic Police.
If the previous options did not help, you should go to court. If you wish, you can immediately go to the judicial authorities, skipping all previous instances.

Drawing up a complaint and documents attached to it

To challenge the actions of a traffic police inspector, you need to ask how to write a complaint about the protocol. There is no special form, but you need to adhere to the following structure:

Introduction. Here you need to indicate the name of the body to which the complaint is filed, full name. the applicant and his address at the place of residence.
Descriptive part. It is necessary to briefly but essentially describe what exactly happened. Indicate the full name, position of the inspector, protocol number, date and time of compilation. Additionally, you need to indicate the numbers of the articles of the Code of Administrative Offenses that you are accused of violating.
Motivational part. Here you should express your disagreement with the actions of the traffic police inspector and argue as follows:
- refer to violations when drawing up the protocol, indicating specific regulations, the requirements of which were not met;
- list the evidence you are willing to provide;
- list witnesses and request their summons to the court hearing;
- apply for the need for an examination;
- present other arguments that are directly related to the case and prove your innocence.
Conclusion. A complaint about a protocol on an administrative offense must contain the applicant’s demands at the end, for example:
- reduce the amount of the fine;
- cancel the protocol or cancel the decision on an administrative penalty;
- replace the deprivation of a driver's license with a fine.
Copies of the passport and protocol received from the inspector must be attached to the complaint.

Appealing the protocol in court

The period for appealing the inspector's actions in court is 10 days from the date of the decision on the administrative violation. In this case, one should insist not on the injustice of the protocol drawn up, but on the unlawful actions of the traffic police officer and the violations he committed (he did not explain his rights, did not take into account the testimony of witnesses, did not draw up a diagram of the accident, etc.). All your arguments must be supported by specific facts and evidence.

To challenge the actions of a traffic police inspector, you only need to go to the district court. The protocol will be reviewed no later than 15 days from the date of application. You should carefully prepare for it: ensure the attendance of witnesses, collect evidence and think through your speech in advance. It is very important to present all the circumstances of what happened in a logical sequence and without unnecessary emotions.

Appealing a decision on an administrative penalty

A protocol on an administrative offense in case of non-compliance with traffic rules is drawn up only by a traffic police inspector. However, in addition to the employees of this department, the situation on the roads is monitored by many automatic video recording systems for violations.

Based on the results of the data received from the traffic police cameras, drawing up a protocol is not provided.

In this case, a resolution is immediately issued, and a copy of it is sent by registered mail to the violator’s place of residence.

Due to technical reasons, video cameras make errors, resulting in innocent drivers receiving fines. If you know for sure that you did not commit a violation and can provide relevant evidence, you must file a formal complaint within 10 days of the date of the decision.

Conclusion

Appealing a protocol or ruling on an administrative offense is the legal right of every citizen of Russia. The traffic police inspector is not immune from mistakes and manifestations of emotions. Even video recording cameras can malfunction. If you are innocent, you should not let things take their course. If you are right and can prove it, you should definitely defend your rights in court.

How to appeal a traffic police report on an administrative offense: video

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

In my humble opinion, information about exactly how one can correctly and, most importantly, legally appeal a traffic police report, having a fairly significant chance of a successful appeal, can be very useful for motorists

Appealing a protocol on an administrative offense

Many motorists and ordinary citizens are faced with rather unfair and not always legal practices of individual police officers. Therefore, many are interested in issues related to appealing a protocol on an administrative offense.

The concept of an administrative offense

An administrative offense is an unlawful act or inaction, for which administrative punishment is provided by the Code of Administrative Offenses of the Russian Federation.

Important! The offense is not a criminal offense; information about it is not reflected in the criminal record certificate, even if the case was tried in court. There are 3 types of punishments for committing an offense: warning, fine, arrest for up to 15 days (sometimes up to 45 days).

Guilt for an offense is determined by the court or an authorized person. If we are talking about cases involving serious violations of traffic rules or minor accidents causing minor harm to health (for example, hitting a pedestrian), guilt is determined by the court. If the punishment for the offense is not related to the deprivation of a driver’s license (for example, material from an automatic recording camera), most likely, the decision on the guilt of the person will be made by the head of the structural unit of the regulatory body or his deputy.

Differences between a “protocol” and a “resolution” in cases of administrative offenses

It is important to distinguish between the concepts of “protocol” and “resolution”. An appeal against a protocol on an administrative offense is impossible. Only the decision can be appealed.

A protocol on an administrative offense is drawn up by a police officer (an official provided for in Article 28.3 of the Code of Administrative Offenses of the Russian Federation). The procedure for drawing up the protocol is determined by Art. 28.2 Code of Administrative Offenses of the Russian Federation. The protocol records the circumstances of the offense, describes from a formal point of view what the policeman saw at the scene of a possible offense, what he heard from the participants in the events.

Stopping at a pedestrian crossing is an example of an administrative offense

According to the position of the Constitutional Court, the protocol itself does not carry any penalties or other legally significant consequences for the offender, therefore it cannot be appealed. However, since the protocol is the main evidence in a case of an administrative offense, the person brought to administrative responsibility can make written comments on the protocol and express his disagreement with the facts stated in the protocol. It is they who will appear later in court as a kind of complaint against the protocol on an administrative offense (a sample is not needed, you can write them in any form).

Based on the protocol, a resolution is drawn up and approved - this is a more significant document that provides for certain sanctions or other legal consequences for the offender. The policeman cannot make a decision, he only draws up a protocol. The resolution is adopted by the deputy head of the district traffic police. It is the decision that can and should be appealed to higher authorities in case of violations by police officers.

Copy of the protocol (left) and copy of the resolution (right)

Who should I file a complaint to?

The Code of Administrative Offenses (Article 30.1) provides several opportunities for filing complaints against decisions on an administrative offense: to the district court, addressed to a higher official (for example, the head of the traffic police), to higher authorities (prosecutor's office, other supervisory authorities). Court decisions can only be appealed to the senior appellate/supervisory judicial panel.

Note! It is not recommended to complain to higher authorities and to the court at the same time, since in the end it is the judicial act that will have the last word.

Appeal process: at the protocol stage

The appeal process begins long before any courts and appeals to the higher authorities of those who compiled the protocol. The protocol on an administrative offense is direct evidence against the offender, the main evidence that both the court and higher officials will believe. It is on the basis of the protocol that the court will make appropriate decisions: what is written in the protocol will later be transferred to the descriptive part of the court ruling.

The accused must make every possible effort to ensure that the protocol is drawn up with violations, or the existing violations are reflected in detail in it. Don't think that everything is so simple. The accused will have to deal with experienced officials who are daily provoked into procedural violations, who have been to the courts more than once and, naturally, have read the official instructions of their department.

Important! The process of drawing up a protocol is more of a psychological part than a legal one. Officials can intimidate the accused, threaten to imprison him for a day for disobedience, bring witnesses and “their” witnesses. The first thing you need to do when you are arrested is to remain calm.

Under no circumstances should you succumb to the temptation of a bribe. You will not be charged for giving a bribe, but in court this will be a 100% signal to the judge that the offender indirectly admits his guilt to officials.

The first and most important thing that is indicated in the protocol is the reaction to the suspicion of committing an offense. If a person is not involved, he must persistently refuse the charges brought against him, all kinds of signatures, inspections and other procedures, arguing that he is not involved. Officials may begin to say that you cannot refuse to undergo this or that procedure, then you should demand that these words of theirs be entered into the protocol (this will be very useful in court).

The traffic police inspector draws up a protocol

It is imperative to demand clarification of responsibility for refusal, in detail and in writing (in the protocol), and an explanation of the person’s rights during arrest. All these explanations must be recorded in the protocol. Everything that is not recorded in the protocol does not legally exist.

Attention! If officials flatly refuse to record their explanations or demands in the protocol, the person suspected of an offense must himself write comments on the protocol and independently describe to the smallest detail all demands, threats and intimidation from officials (for example, the “impossibility” of refusing a personal search, from undergoing examinations, etc.). However, it is better to persistently insist that employees independently enter into the protocol all their actions and words.

The court is more inclined to believe government employees. The logic of the court in this case is extremely simple: there is no need for an employee to slander or involve anyone just like that. But the suspect has the direct intent to lie, because he wants to evade responsibility. Therefore, if a person believes that officials are biased against him, serious evidence is needed. One such evidence may be, for example, an incorrect explanation on the part of employees of the rights and consequences of certain actions for the detainee. If an official incorrectly explained to a person the consequences of his stated refusal, for example, threatened criminal liability where there could be none, and this is recorded in the protocol, this is already, from the point of view of the court, a serious procedural violation. The employee deceived the detainee; therefore, the protocol was drawn up incorrectly and is no longer admissible evidence in the case.

Appeal process: at the out-of-court ruling stage

If the decision is made by an official (for example, the deputy head of the traffic police), it can be appealed to higher authorities. There is no point in contacting the prosecutor’s office at this stage, since it will forward the appeal to the authorities of the department where the decision on the administrative protocol was made.

In this case, the complaint is written in any form addressed to the head of the district department. However, you should still adhere to certain rules: at the beginning of the complaint, briefly state the situation, give arguments towards the end and end with a pleading part (Please: 1... 2... 3...).

Sample complaint against a decision on an administrative offense

In accordance with the law “On working with citizens’ appeals,” the appeal will be considered (it will be considered for about a month from the date of receipt), and the applicant will receive a written response about the decisions taken on it.

Many believe that a complaint to the authorities will not yield anything, so you can appeal the official’s decision directly to the court (10 days are given from the date of receipt of the decision).

In the pleading part, it is very important to strictly adhere to the strict legislative form of the request - the court cannot terminate the proceedings for any other reason than that specified in Art. 24.5 Code of Administrative Offenses of the Russian Federation. Asking for something else is giving the judge a reason to return the complaint to the applicant without consideration.

Important! Sometimes those who try to challenge the decision also refer to Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, asking to cancel the resolution due to the “insignificance” of his offense, however, the very concept of “insignificance” has legislative uncertainty and one cannot count on its widespread use by the court. In addition, the link to Art. 2.9 of the Code of Administrative Offenses of the Russian Federation is an actual admission of guilt.

Appeal process: court rulings

The appeal at this stage begins immediately from the start of the trial in the first instance.

If inconsistencies in the protocol are discovered in the trial (for example, one thing is written in the protocol, and the suspect wrote something else in the comments), then it is necessary to demand the interrogation of the official who compiled the protocol as a witness in the case, or to demand the interrogation of other witnesses to the incident, even if their personal data is unknown (searching for witnesses is the task of officials). Most likely, neither officials nor the necessary witnesses will be present at the trial, but only an authorized representative of the department will be present. Some judges, due to the above-mentioned busyness, will try to reject a request to call witnesses. Thus, it is possible to provoke the trial judge into committing a procedural violation, which a person can argue against when appealing.

Important! It is also very important to remember about the procedural statute of limitations for committing administrative offenses specified in 4.5 of the Code of Administrative Offenses of the Russian Federation. If authorities try to prosecute a person for an offense that the official may have known about long before the protocol was drawn up, this may well be illegal due to incorrect calculation of the statute of limitations.

Appeal Process: Appeal and Review

Within 10 days from the date of receipt of the decision, you can file an appeal against the court decision. If the decision was made by a magistrate, it will be appealed to the same district court. If a federal judge - to the next court of the region (Regional, Regional, Supreme Court of the Republic, JSC).

Complaint against a court decision

If the 10-day appeal period is missed, you can try to restore the deadline or immediately file a supervisory appeal against the decision that has entered into legal force in a regional court. Although the possibility of filing such a complaint is controversial among lawyers, most often the courts accept such supervisory complaints, even if they do not go through the appeal stage. Supervisory complaints are filed against decisions that have entered into legal force - and it does not matter how they entered into force (passed the appeal stage or became so after 10 days).

What sanctions are provided for repeated violations?

An offense committed a second time within a year is considered repeated. For an offense committed repeatedly, a more severe punishment is provided in the form of a larger amount, which is 2 times increased compared to the penalty imposed the first time.

In addition, if you repeatedly violate traffic rules and drive while drunk, the driver may also be subject to criminal liability for up to 2 years, or forced labor for up to 480 hours, or a fine of 200 to 300 thousand rubles may be imposed on him. But it’s better not to let it come to this, because then it will be extremely difficult to appeal the court’s decision.

Where to file and how to correctly write a complaint to the traffic police about a violation decision

If a car owner believes that a fine for violating traffic rules was issued to him illegally or with violations, then he has the right to appeal it. A complaint is drawn up against the decision on an administrative violation of the traffic police and submitted for consideration to the State Traffic Inspectorate or directly to the court. The document is written short and concise, containing only specific facts and circumstances.

Traffic police decisions subject to appeal

Issued by an official (traffic police officer). You can send a complaint to a higher official; sometimes it is more productive to immediately contact the district court.
Handed down by a court (where the punishment includes a large fine or deprivation of rights, administrative arrest). An appeal is made in court.
About termination of admin. proceedings against the culprit. They are also considered by a higher authority, the district court.

The question of how and where to file a complaint against a traffic police decision will be discussed in more detail below.

In what cases should a decision be appealed?

The criteria by which a decision can be considered illegal are quite numerous. This includes exceeding the limits of authority defined by law for a given official, and a biased attitude towards the alleged culprit. Let's look at some special cases when a decision needs to be appealed:

Incorrectly specified date, place or time of the DPP.
The described circumstances of the violation do not correspond to the points of the traffic rules specified in the protocol, as a result of which the applicable legal norm does not correspond to the actual circumstances of the incident.
The protocol does not contain comprehensive information about the witnesses involved in recording the violation.

Any violations in the content of the protocol or of a procedural nature give rise to an appeal, for which an application is written to the court to cancel the traffic police decision.

Appealing the protocol

When drawing up the protocol, in the “Explanation” column, indicate your position, describe in as much detail as possible what you disagree with and for what reason. Support your arguments with testimony and indicate the details of all witnesses who can confirm your words. Mark all empty lines with dashes so that nothing can be added to them later.

Many drivers believe that without signing the protocol, they can easily appeal the decision. But what is important here is not the presence of your signature in the protocol, but the content of the document. There is no point in protesting the protocol. It is much more useful to find inconsistency with the established rules in the actions of the inspector. You can indicate the following in the protocol:

your rights were not explained by the traffic police officer,
all witnesses were not brought in,
The traffic police officer behaved defiantly and rudely.

Also note:

if the inspector does not want to include all witnesses in the protocol, do it yourself;
if the protocol does not contain a diagram of the accident, indicate this.

In your explanations, if you are confident that you are right, write that you did not violate traffic rules and you need the help of a defense lawyer. In this case, the inspector will not be able to issue you a fine on the spot. Don’t forget to take a photo of the decree and the scene of the accident itself - this will be useful, you just need to figure out how to write a complaint to the traffic police about the decree.

Terms and procedure for appealing a decision

All calendar days are taken into account, so when you receive a copy of a document on the weekend, do not wait for them to end, immediately fill out a complaint against the decision and submit it. If documents from video recording cameras arrive by mail, the ten-day period begins to be calculated from the moment they are received at the post office.

Filing a complaint against a decision to the traffic police

A complaint against a traffic police administrative violation report is submitted in the following ways:

By registered mail with notification.
By personal contact to the duty station. Applications are accepted 24 hours a day.
Sent electronically through the official website of the State Traffic Safety Inspectorate after filling out the form. Read more about this method in the article here.

If the application is mistakenly sent to an institution not authorized to review this document, after seven days it will be forwarded to the appropriate department.

Registration and verification of application

Any complaint against the traffic police decision to the chief from citizens is subject to registration with the records management service. The officer on duty who receives applications at the traffic police issues a notification coupon to the person who handed it over. The document is then forwarded to the records management department.

An inspection is carried out during which:

The validity of the data provided in the application is analyzed.
Explanatory notes are collected from traffic police officers.
If necessary, requests for additional materials are sent.

Making a decision on a complaint against a decision

If a complaint against a traffic police decision is filed in a pre-trial manner, then the period for its consideration should not exceed 30 days from the date of registration. If necessary, the consideration is extended for another 30 days, and the person who submitted the application is required to be notified of this.

Depending on the validity of the information provided by the citizen in the complaint, the latter remains unsatisfied, or changes are made to the resolution. The best option for the applicant is to cancel the decision.

The procedure for appealing a decision in court

The complaint is also submitted to the court by registered mail or in person through the judge’s office. Practice shows that appealing a decision in court is more profitable for the applicant - this way cases are won more often. Many people are confused in which court to appeal the traffic police decision. The documents are sent to the magistrate at the address of the traffic police department, whose officer issued the decision. Therefore, before submitting an application at the court office or on the website, you need to find out which judge has the right to hear the case.

The procedure for appealing a decision in court is practically no different from the process of filing a complaint with a higher authority of the traffic police. The text will be the same, the only difference is the addressee.

The application must contain:

The name of the institution where this document is sent;
Full name and position of the addressee of the document;
Full name and address details of the applicant;
Circumstances of the case and other information related to it;
Position and full name of the employee who made the decision;
Signature of the applicant, date of writing the application.

There is no specific strictly established form for filing a complaint, but despite this, the document should be short, meaningful, and, if possible, written in competent legal language. Attach to the application a copy of the traffic police resolution and documents that the applicant has reason to refer to when describing the case.

Let's look at an example of drawing up a complaint against a traffic police protocol in this video:

The procedure for appealing a decision on an administrative offense of the State Traffic Safety Inspectorate

How to appeal a traffic police decision on an administrative offense? Deadlines, procedure and sample documents.

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The procedure for appealing a decision on an administrative offense of the State Traffic Safety Inspectorate

A decree is a document that imposes a specific punishment on the driver for violating traffic rules. The inspector can draw it up only in some simple cases. If the driver faces a warning or a fine, and if the driver does not challenge the existence of an administrative offense and (or) the administrative punishment imposed on him. Often the decision is issued by an automatic traffic police camera. Anything more serious, related to the revocation of a license, arrest or drinking while driving, is considered only by the court, and a protocol is drawn up on the spot on the alleged circumstances of the violation.

If the inspector draws up a resolution, this means that he examined the case on the spot without drawing up a protocol and assigns a punishment to the driver on the spot.

If the driver does not agree with the circumstances of the offense charged to him, only a protocol is drawn up, and a decision on the case will be made by the traffic police or at a court hearing. The driver has the right to specify the date of consideration of his case.

Traffic violators are given 10 days to appeal the decision. Only the person against whom a decision on an administrative offense by the traffic police has been issued can appeal the protocol.

Step-by-step instructions for appealing a traffic police decision

Step 1: Select the authority to which the complaint is filed. This could be the higher authorities of the traffic police or the courts.

Step 2: Prepare the text of the complaint.

The text of the complaint against decisions on an administrative offense must contain:

Name of the court (position of the person) authorized to consider the complaint;
Information about the applicant of the complaint (full name, address, telephone);
Information about victims (if available);
Name of the authority (court) that issued the decision;
The operative part of the decision (the punishment imposed);
Circumstances with which you do not agree;
The rules of law to which you refer;
Applications;
Date of filing and signature of the applicant.

The complaint must contain the maximum number of copies of the documents you refer to, witness statements, examination materials and street plans. The higher the level of elaboration, the greater the chance of satisfying the complaint.

Step 3: Filing a complaint

You can submit a complaint:

A) To a senior traffic police official

B) To a senior traffic police official through the person who issued the resolution

B) To the district court at the place of consideration of the case;

The complaint can be sent in person or by registered mail. In the second case, the filing date will be considered the date indicated on the postage stamp.

Step 4: Wait for the outcome of the complaint review

A complaint cannot be left without consideration - this is the law. There will be a reaction in any case. A positive outcome depends on your scrupulousness in selecting documents and witness testimony.

In the most unacceptable case for the complainant, the decision on the administrative case of the traffic police will be left unchanged, and the complaint will not be satisfied. In a positive scenario, the decision will be canceled and the case will be dropped.

Appealing a protocol or decision?

The first and main thing the reader needs to know about the traffic police protocol is that it is impossible to appeal it. This is due to the substitution of concepts in the minds of motorists. The decision is appealed in the courts and the traffic police - that is, a specific decision on punishment made on the basis of the protocol. The protocol is just a formal technical paper that sets out the circumstances of the commission of the alleged offense.

Let's analyze the situation in detail. Having stopped a car on the road, a traffic police officer is authorized to draw up both a protocol and a resolution against the driver.

A protocol on an administrative offense is a document in which the inspector records the circumstances of a traffic violation. The protocol then serves as evidence of the driver's guilt. But when the protocol is drawn up, the driver has not yet been punished, but the protocol simply records the fact of the offense. This is somewhat reminiscent of the situation with investigative actions and identification of suspects in criminal trials.

As part of the consideration of the case on the merits in the traffic police or in court, the driver has the right to point out shortcomings in the protocol.

How to appeal a traffic police administrative violation report ? No way, since the protocol itself is neutral and does not accuse the driver of anything. Court decisions or decisions of the traffic police inspector containing the accusatory part are appealed.

A complaint about the traffic police protocol in itself is also not viable. If a motorist does not agree with the actions of a traffic police officer, it makes sense to complain about him. A number of legal mechanisms are provided for this.

The driver has the right to file a corresponding complaint with higher authorities. A copy can always be sent to the prosecutor's office or the Internal Security Service, depending on the subject of the complaint. In some cases, it is worth contacting the judicial authorities directly.

The complaint must be concise, succinct and contain references to the relevant legal documents. Such texts command respect and are most often taken seriously.

Thus, to the question “is it possible to appeal the traffic police protocol?” We confidently answer - no! The actions of a traffic police officer or a fine issued on the basis of a protocol are subject to appeal.

The protocol cannot be appealed. This document only describes the situation as the traffic police officer sees it. Only a decision on an administrative offense and a court decision are subject to appeal .

How to appeal a decision?

The process of appealing a decision is discussed in detail in the first part of this article. The process of appealing a ruling is quite complex and requires a lot of time and effort. Most drivers, having become familiar with the stages of appeal, gritted their teeth and paid even a guaranteed unfair fine. However, there may be situations when you won’t be able to get rid of the problem with a little money. In this case, you will have to resort to an appeal.

1. Select a structure for filing a complaint (traffic police, traffic camera operator, courts)

2. Compose as detailed a complaint as possible containing the mandatory points from the first part of this article

3. Serve the complaint or send it by mail

4. Wait for the review and familiarize yourself with the decision.

Contacting the traffic police

If you appeal an administrative decision, you can appeal either to the traffic police or to court. Both methods are legal and logins, but there is a greater chance of success in the case of going to court.

Going to court

You can go to court immediately after receiving a decision that is perceived as unlawful. The application is submitted to the judicial authority at the place where the offense was committed.

Deadlines for appeal

The deadlines for appealing decisions of administrative offenses are discussed in Article 30.3 of the Code of Administrative Offenses of the Russian Federation - “Term for appealing a decision in a case of an administrative offense.”

A complaint against the decision must be filed within 10 days.
If the ten-day deadline for filing a complaint is violated for valid reasons, this deadline can be restored through the court.