I don’t agree with the traffic police protocol, how to appeal?

How to appeal a traffic police inspector's report?

Question: “How to appeal a traffic police report?” – unfortunately, it does not rarely occur among drivers. Therefore, here we will consider possible options for action in cases where you perceive the actions of traffic police officers as incorrect.

Is it necessary to sign the protocol at all?

In any case, when you do not see your guilt, and the inspector forces you to sign the protocol, arguing that you are present here, then there is no need to do this. It’s better to have the witnesses sign the inspector’s words: “I refused to sign,” and be sure to indicate the reason for your refusal in the note.

The inspector himself is obliged to invite witnesses. However, you must be sure that these are really strangers. It is very good when there are passengers in your car who can defend your position. Insist that they be included in the protocol. When a traffic police officer refuses to do this, enter them yourself in the column where you write explanations.

Disagreement with the protocol

Read the entire protocol carefully and express your disagreement with the actions of the traffic police officers in the “Explanations” column. Valid claims may include:

you were not reminded of your rights and responsibilities;
witnesses - interested persons;
you didn't break the rules;
the car was not being driven.

Describe in detail anything you disagree with.

When reviewing the protocol, do not leave blank lines: put dashes in them.

According to the protocol, a decision is made to punish the perpetrator with reference to a specific article of the Administrative Code. The decision is recorded in the decision on this case. The inspector must also give you a copy of it.

Appeal

a copy of the protocol;
witnesses;
proof.

Appealing the actions of traffic police officers

To put it correctly, the decision is subject to appeal, but not the protocol. The protocol only records the facts. The decision gives the ruling.

Their immediate superior: the head of the traffic police department or the commander of the traffic police unit.
In a court.

To appeal a traffic police report, you must write a statement in court. Stock up on facts and evidence, apply all available evidence. Rest assured that the other party will have them.

In order for your complaint to be accepted, you must provide convincing arguments in your favor. It is important to support your evidence with references to specific articles of the relevant laws (traffic regulations, Administrative Code).

Appealing a court decision

The complaint is filed in the same institution where the trial was held, to the address of a higher authority, i.e.:

a complaint against a magistrate must be made to the district court;
to a district judge - to a regional court.

Only the prosecutor has the right to appeal the decision received based on your complaint.

You can also submit your application with attached documents by mail. Then the period for sending documents will not be taken into account. The basis for calculating the period will be the shipping receipt.

Possible punishment options

If the penalty option is a fine, then you must be given a receipt for payment with details.

When this relates to an administrative arrest or involves the deprivation of a driver's license, the case is allowed to be considered only by a magistrate or district judge.

In both cases, a period of 10 days is given to appeal.

Ways to ruin a case

If you have been awarded administrative liability, you can avoid it by delaying the case for more than 3 months. This can be achieved by:

applications requesting the calling of witnesses, the need for an examination;
competent avoidance of receiving subpoenas.

The following may be on your side:

Lack of witnesses.
Failure to comply with medical examination standards.
Use of unlicensed, unsealed, faulty, damaged devices and equipment by traffic police officers and medical personnel.
Violation of the rules for installing road signs, deviation from the approved location scheme.

The DVR installed in your car can prove your innocence. Photos from a mobile phone or camera will also be useful here.

Inspector mistakes

Inspectors, like all people, are capable of making mistakes. It is this factor that helps you challenge the protocol, and it was declared invalid.

Let's look at common mistakes below.

Wrong data

The following is incorrectly written in the protocol:

location of the offense, as well as date and time;
Driver's name.

For example, if a mistake is made in your last name, then you do not need to pay any fine, and the subpoena is not intended for you. If you are Ivankov, and it says Ivanov, then the court will need to look for Ivanov, who for some reason is registered with you at the same address.

Violations when registering witnesses:

When one of the traffic police employees is presented as a witness.
If the witnesses who were recorded were not at the scene of the incident.

Requirements not met:

The driver did not receive his copy of the report.
He was not familiar with the contents of the current document.
The traffic police officer refused to listen to explanations regarding the violation.
There is no pattern of offense or it does not correspond to reality.

There may be three ways for a driver to solve a problem when traffic police officers exceed their powers and make unfounded accusations against him - this is to reconcile, give a bribe or defend their rights.

The first two cases contribute to rampant crime among traffic police workers, so you need to know your rights and defend them, then we will live in a civilized state!

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

What is a traffic police protocol and how to appeal it?

Many people have probably wondered how to challenge a fine issued by a traffic police officer. Every driver has been stopped on the road by a police inspector at least once in his life. Violation of traffic rules results in a fine. For this, a resolution on administrative liability is required.

It is drawn up on the basis of the protocol. Often, when drawing up a protocol, the violator refuses to sign. Thus, he only harms himself. Further disagreement with the decision and fine can be challenged in court or higher authorities of the traffic police. This is a fairly simple procedure, but it requires attention and careful preparation.

Preparation of the protocol

For most drivers, the traffic police protocol is a nightmare!

So, first, you need to figure out what an administrative violation is and what documents a traffic police officer draws up when violating traffic rules.

An administrative violation is an action or inaction that entails administrative liability. In case of violation of traffic rules, a protocol is usually drawn up, and then the officer issues a decision. Actually, this is the document that brings administrative responsibility.

A protocol is a procedural official document that records any factual circumstances.
On its basis, a decision on an administrative offense is made. It is compiled by the traffic police inspector at the scene of the violation. The protocol must contain the following information:

Place of compilation.
Date of;
Position held, full name of the compiler;
Information about the violator who is brought to administrative responsibility;
The essence of the administrative violation;
Normative act;
Names and addresses of witnesses, if any.

The structure of the protocol is as follows. At the top of the document, the details of the originator are indicated. This is followed by the body of the document, which reflects the essence of the offense, and also indicates the victims and witnesses (if any).

The most important part of the protocol in this case under consideration follows. In it, the violator gives his explanations and signs the document. Contrary to popular belief about the signature in the protocol, you do not agree with the testimony of the traffic police officer, but only confirm the accuracy of your own words and vision of the situation.

Remember that by refusing to state your version of events, you significantly reduce the chances of administrative liability being lifted in court. After drawing up a protocol, signing and drawing up a resolution, the police officer is obliged to give you a copy of these documents.

Please note that the resolution is drawn up and issued after the protocol is signed. If a traffic police officer gives you a resolution along with the protocol for signing, you can safely call the hotline.

It is worth mentioning a little about how to correctly fill out the protocol. Be sure to indicate witnesses, even if the traffic police officer did not do so. Objections may arise from the inspector, allegedly they do not indicate witnesses, or he will do it for you. Your best option would be to name the witnesses yourself, despite any objections.

Witnesses can be either random people or your relatives or fellow travelers. Also, be sure to fill in all fields and blanks. If you do not indicate anything, put a dash in order to avoid “accidental” additions. In the protocol itself, you can indicate the following key phrases: “I do not agree with the violation of traffic rules. I will provide the arguments in court”, “I do not agree with the violation, I provide the arguments on a separate sheet”, “On my part there are witnesses: ________ (who lives at the address _____).”

If the inspector did not explain to you the essence of administrative laws, then in the protocol you indicate: “The rights that Article _______________________ provides for were not explained to me.”

If diagrams or drawings were made, then on the diagram you can indicate that you do not agree with it, since the scale is not correct and there is no reference to the area. If you recorded a conversation with the inspector, then indicate: “I recorded the conversation with the inspector using (specify device).”

The procedure for challenging a decision

The traffic police report is drawn up directly on site

The first rule that you must learn is that you have 10 days after being brought to administrative responsibility to challenge this decision. Therefore, important advice - do not delay. You can extend this period only for a valid reason. For example, a business trip or illness. You can challenge the fine imposed on you in the following government authorities:

Complaint to the prosecutor's office.
A lawsuit.
Complaint to higher traffic police authorities.
Complaint to higher traffic police authorities.

There are two options for how you can submit a complaint. The first is by registered mail with notification. The second one is to go to the department in person. In the second case, it is necessary to register the complaint and keep the second copy of the document with a registration mark.

The complaint is filed in the name of the head of the traffic police, indicating a request to cancel the decision from the specified date in the document. It is also necessary to indicate that after reading all the materials, the complaint will be filed by your personal lawyer.

If a complaint is filed, you must have a protocol and a resolution on hand. If the inspector did not give you copies when compiling them, then you need to request them from the traffic police. In this case, the actual date of receipt of the protocol and resolution is indicated.

Rules for filing a complaint

First of all, indicate the name of the body to which you are sending the complaint.

Full name and address.
The essence of the complaint is stated. A request to cancel the resolution is also indicated.
At the end, the date the complaint was filed must be indicated.
Filing a claim in court.

You can also file a complaint with the court within ten days from the date of execution of the decision.

However, if you contacted the higher authorities of the traffic police and did not receive a response, or were refused, then you have a month to file a claim for judicial review. The best option would be to challenge the decision in a local court (at your place of residence, i.e. registration).

The court makes a decision to consider the claim within ten days. The hearing is scheduled within 15 days from the date of consideration of the case materials. You need to carefully prepare for the trial in order to sway it in your favor. It is necessary to understand that the data in the protocol drawn up by the inspector is not perceived by the court as the only correct one.

Clear and intelligible diction, evidence (a video from a dashcam would be an excellent option), the presence of witnesses - all this will help convince the judge of your innocence. Another advantage on a psychological level is likely to be that inspectors in this case often ask to consider the case in their absence. It should be noted that the decision made by the court is not disputed. It can only be appealed by the prosecutor.

Rules for drawing up a lawsuit

The traffic police report can be appealed

There are certain rules for filing a claim in court:

The name of the court should appear first.
Next is the full name of the plaintiff, his postal address (telephone).
Full name of the defendant (place of duty, position held).
Claim requirements.
Request for exemption from payment of court fees.
List of attached documents.
Among other things, the date of preparation of the document is indicated.

You can challenge the inspector’s decision not only in a local court, but in any court. As practice shows, judicial consideration of a claim for the abolition of administrative liability is more effective than a complaint to higher authorities of the traffic police.

Evidence of innocence

Often people are deprived of their driver's license for a long period of time and pay huge fines in cases where they are truly innocent. This can be proven in quite accessible ways. The most effective of them:

DVR video.
Testimony of witnesses.
Clear knowledge of traffic rules.
Logic and consistency in explanations and evidence.
Timely filing of a complaint/claim with the relevant authorities.

It is best to consult with a lawyer, and only then build a line of protesting the decision of the traffic police inspector. During the trial, the driver's license is temporarily returned to the plaintiff.

You can no longer challenge the court's decision. So prepare carefully for the hearing, since you will have to testify and prove your innocence on your own.

Tricks of the traffic police - the difference between a protocol and a resolution: