Is it possible to appeal the traffic police protocol if I signed it?

The lawful activities of traffic police officers are regulated by law. However, in reality, very often civil service employees openly violate all prescribed norms. Complaints and negative reviews about the work of traffic police officers do not dry up. Today, in the legal sphere, there is an excellent opportunity to appeal the ruling, as well as to recognize the actions of traffic police officers as illegal.

Is it possible to appeal the traffic police protocol if I signed

A lot of violations may be discovered on the part of traffic police officers. Hundreds of drivers have encountered a situation where the offense was classified incorrectly. It is the data that is entered into the protocol that is especially often questioned. The inspector is obliged to explain all the rights and obligations to the citizen in whose name the protocol is issued. There may be a lot of errors in the document itself.

In our country there is no ideal behavior pattern on the road. There is a certain set of rules called traffic rules, which the driver must strictly follow. The list of rights and responsibilities of the driver on the road, as well as the forms of punishment that are provided for violations, are prescribed in the administrative code. In addition, these standards apply not only to civilians, but also to officials.

A protocol can only be issued for a committed violation of traffic rules. The protocol is entered regardless of the severity of the violation, whether it is a punishment for not fastening a seat belt or driving into the oncoming lane. The right to fill out the protocol form belongs only to an authorized traffic police officer.

The reason for which the protocol was drawn up must be serious and have an evidence base. So, when speeding was recorded, radar readings are needed, if the driver was driving while drunk, a medical certificate is needed. In a situation with an accident, it is imperative to take into account the testimony of witnesses and witnesses.

Find out how to cancel a decision on an administrative violation here.

Where to appeal a decision on an administrative offense, read the link: http://1avtourist.ru/shtrafy/kuda-obzhalovarushenii-gibdd.html

If the accused does not agree with a certain punishment, he has the right to appeal the decision.

There are several ways to challenge protocol data:

Refuse to sign documents. With this outcome, it is necessary that this fact be noted by the inspector in the protocol, in addition, this data must be recorded in the presence of two witnesses.
Sign the document and enter additional information in the column called “Explanations.” In this paragraph, you can indicate all the information that, in your opinion, is not reflected reliably or was not provided at all.

The protocol itself is not subject to appeal; you can only appeal the issued decision, which was issued according to the protocol data.

The main question that interests the violator: is it possible to appeal the protocol if he signed the documents? Any lawyer will explain to you in detail, according to the Administrative Code, signing the protocol only confirms that the citizen was familiar with the data. No one forbids the driver to challenge the protocol data, present evidence, or apply for the recording of witness data. If the driver wishes to have his interests represented by a human rights activist when the offense is considered by the investigation team, then this information must be recorded in the protocol (column: “Explanations”).

How to appeal a traffic police report if you signed it

In order to file a complaint, citizens are given a period of 10 days; the time spent on forwarding is not taken into account. The same period is provided for filing an appeal. By law, these periods can be extended, however, for this there must be serious reasons, for example, a hospital stay.

Another important point to note is that you can appeal the decision in two ways:

The complaint is submitted to the district traffic police department (addressed to the head).
To the district or regional court.

A complaint can be made for any reason:

in case of procedural errors;
when the inspector exceeded his authority;
in case of incorrect classification of the offense;
if the report was not drawn up according to the rules, errors or typos were found in the document, the diagram of the accident was incorrectly depicted, there were no witnesses, etc.
other errors in the protocol.

Complaints sent to the traffic police department most often do not bring results. The only thing that can be achieved is to punish the inspector for unlawful actions. It is more realistic to cancel the decision in court. Based on real evidence, a car lawyer will be able not only to achieve a mitigation of the penalty, but to completely refute the guilt of his client. So, for example, if a driver faces deprivation of his license, but at the time the report was issued, the radar data was not shown to the culprit, then in court it is possible to prove that the record was fabricated or the device is not certified at all.

There is no single form of complaint; it can be drawn up in free form. The complaint must include the citizen’s data, the number of the protocol and resolution, a request to cancel the resolution and the regulations that were violated.

Read about liability for driving without insurance here.

Today, you can file a complaint on the traffic police portal; the deadlines for filing and reviewing documents have not yet been established, but this is a good way to appeal less serious fines. For example, a driver was fined 500 rubles for not fastening the seat belts of passengers in the back seat of a car. According to the Code of Administrative Offences, this fine is issued for unfastened seat belts of the driver and passengers in the front seat; there are no marks in the law regarding other passengers. The fine of 500 rubles is not so large and perhaps the driver considers it inappropriate to waste his time visiting the traffic police, much less the court. It is much easier to file a complaint on the website.

The most effective option is to go to court. The complaint must be filed by the person to whom the document was issued or his human rights defender. The complaint form is also free. Certificates, extracts, examinations, records from registrars and other evidence must be attached to the complaint. When a person sends this document to the court office, he must be given an extract stating that the document has been accepted for processing. Next, the meeting itself is scheduled; the maximum period for consideration of the issue should not exceed two months.

You can appeal a court decision only once. If the first court instance was a regional one, then the appeal must be filed in the same division, however, using the details of the regional court.

Video on how to challenge 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

If you don’t agree with the traffic police protocol: what to do and do you need to sign, what to write and where?

Disagreement with violation

Disagreement with the traffic police protocol should be expressed, first of all, by the corresponding entry in it. This is the first thing you need to know. You still need to sign the document - this is the second thing. In 2019, the traffic police inspector still has the right to make a decision, even if the driver does not agree with the protocol on the administrative violation. And this is the third. Now let’s look in order at the subtleties of communication with an employee when initiating a case, how, what and where to write, what to do and whether you can further appeal if you are challenging an alleged traffic violation and how to sign this document correctly.

Should a road protocol be drawn up at all?

Yes. But with one important subtlety that applies in 2019, and due to a recent change in the law, few drivers know about it. This is due to the change in Article 28.6 of the Code of Administrative Offenses in 2014. And today, in any case, a ruling on the case is being made.

To help you understand the terminology in car law:

a protocol is simply a list of circumstances of an administrative case and it initiates proceedings in the case (it is just beginning and open),
a ruling is a decision already made in a case in the form of a fine, deprivation of rights or other punishment; Once the decision is made, the case is closed.

Thus, the protocol for today is just a formality, a document that is drawn up for the driver to further appeal the fine or to transfer the case to court.

Is it possible and how to appeal the protocol?

The protocol is not subject to appeal . Since the driver is not directly found guilty of the act by the protocol. But what to do then? The decision makes the motorist guilty, and it is this decision that is subject to further challenge to the head of the traffic police in whose territory it was issued, or to the court.

But, as we have already explained above, the traffic police inspector is obliged to draw it up so that you indicate that you do not agree with the alleged violation, and also indicate the circumstances of the case. If the policeman refuses to draw it up, then you can indicate your disagreement in a direct resolution anywhere. In this case, also indicate the employee’s refusal to write a protocol.

Do I need to sign the protocol?

Yes. If you do not agree with the protocol (more precisely, with the violation, as we found out above), then in any case it is not advisable to refuse to sign it. Simply put, your reluctance to put an “autograph” on a document will lead to nothing in principle - in this case, the inspector will write on it that you refused to sign, and it will be valid.

If you don’t agree with the violation, what should you write?

“I don’t agree with the violation charged to me. The help of a defender is required."

And sign the protocol.

Where to write disagreement? Such an entry must be made in a special column with explanations from the person held accountable. The traffic police report has an approved form, and this field is on its reverse side. Here:

Thus, if you do not agree with the violation, then you need to make 2 entries in the protocol (or resolution - it doesn’t even matter much):

directly write: “ I do not agree with the violation ,”
put your signature.

What's next?

What to do next when you have expressed disagreement with the traffic violation charged in the protocol and signed the documents? That's right, just appeal the ruling.

The main subtlety is that expressing disagreement directly in the protocol will play an insignificant role in the future when appealing, but it will play a role in arguing that you are right. The main thing is that this is not the only “confirmation” of your innocence.

Alas, in 2019, the inspector has the right to issue a fine immediately on the road (for example, under Article 12.16 of the Administrative Code) and then you will appeal it, proving your innocence. Simply expressing your disagreement in the protocol and, moreover, your refusal to sign it does not in any way destroy the inspector’s right to make a decision.

The only situation when a police officer does not have the right to issue a decision immediately is when the violation entails one of the penalties:

deprivation of rights (for example, if you drove under a “brick” sign),
administrative arrest.

In these cases, the inspector does not have the right to consider such cases, and therefore a protocol is simply written on the road, which is submitted to the court for consideration.

But here we have good news - the Supreme Court ruled that the protocol alone is not enough to punish the driver. And therefore, other evidence is needed from the traffic police officer (witnesses, witnesses, video recording of traffic violations).

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