Appeal of a traffic police administrative offense protocol sample

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:

1. Indicate the exact time and place of drawing up the protocol, as well as your full name. and position.
2. Indicate the personal and contact information of the perpetrator, witnesses and victims.
3. List all the articles of the Code of Administrative Offenses of the Russian Federation, which he convicted the driver of violating.
4. Explain to the citizen being held accountable his rights and obligations.
5. 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.
6. 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.
7. 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:

1. Carefully read the text written by the inspector.
2. Write your own version of what happened in the “Explanations” column. State and justify your disagreement with the inspector.
3. If you were not given a copy of the accident report, please note this fact.
4. Enter the details of witnesses on your side if the inspector has not done so.
5. 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.
6. 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.
7. 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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

Appeal of a traffic police administrative offense protocol sample

Quite often, motorists turn to lawyers with a request to help them appeal the traffic police report drawn up on the fact of an administrative offense.

After hearing such an appeal, any competent lawyer will immediately explain to the citizen that the administrative protocol itself cannot be appealed, since it is not the final document in the case and it does not contain a decision on bringing to administrative responsibility.

The protocol on an administrative offense is an “interim” document in which a traffic police officer records the fact of an offense that, in the opinion of the police officer, took place. In simpler terms, a protocol drawn up by a traffic police officer is a preliminary “charge” that is brought against the driver under one or another article of the Code of Administrative Offenses of the Russian Federation. By itself, the protocol does not establish the guilt of the driver and does not put an end to the case, since whether the driver is guilty or not will be decided by the court or an official who considers the case on its merits and issues a final document - a resolution. Of course, in certain situations, decisions are made by inspectors immediately on the spot, following the drawing up of a protocol, but this does not change the essence - it is still not the protocol, but the decision that is subject to appeal.

This is important: it is not the protocol itself that is subject to appeal, but the final decision in the case of an administrative offense. At the same time, violations committed during the preparation of the protocol may become one of the key grounds for a favorable outcome of the case during its consideration, or for further appeal of an illegal decision

However, the above does not mean at all that the actions of the traffic police officers who drew up the administrative protocol can be appealed only after a decision has been made on the case. Not at all. Citizens are not limited in their right to complain about unlawful actions of employees and can do so at any time. This may be especially relevant in cases that are not considered immediately on the spot, but after some time in court. If there are obvious and gross violations related to the preparation of the protocol, the motorist has a good chance to approach the trial fully armed.

What should you pay attention to at the stage of drawing up the protocol?

The protocol is the key document in the case of an administrative offense, and therefore you need to start fighting for your rights already at the stage of its preparation. If in the process of drawing up a protocol you cannot influence a traffic police officer, for example, by convincing him that you are right, then the best tactic is to record everything to the maximum, in order to exclude in the future any possibility of making any changes to the protocol and other materials. .

Do not refuse to receive a copy of the protocol. It is quite possible that it will become your main weapon in the fight for your rights. Having received a copy of the protocol, you deprive unscrupulous employees of the opportunity to make any corrections to it. And don’t be afraid to put your signature in the line “I received a copy of the protocol.” The presence of your signature in the specified place only means that you received a copy of the protocol and nothing more. The only advice is to take your time and carefully look at where and for what exactly you are signing in the protocol.

If you do not consider yourself guilty, this should be recorded in the protocol. You can simply write “I do not agree with the protocol,” or you can briefly argue why you do not agree. If you want a more detailed explanation of the essence of the incident to be attached to the protocol, you can submit a corresponding request, and write the explanation in your own hand.

Do not hesitate to carefully read everything that is written in the protocol. In law, every word can have a big meaning!

What to do if the protocol was drawn up in violation of the law?

Seek legal assistance and, with the help of a competent lawyer, benefit from this in the process of considering the administrative case on its merits. The protocol on an administrative offense is a key document in the case and if it is drawn up with gross violations of the Code of Administrative Offenses of the Russian Federation, you can count on a favorable outcome of the case.

To obtain primary legal assistance on issues of appealing the actions of traffic police officers, you can contact the duty lawyers of our website using this convenient online form. Write your question, leave your contact details and they will definitely help you!

Where to complain?

In our opinion, in case of violations of the law by the traffic police officers who drew up the protocol, it would be most reasonable to file several complaints at once.

The first and main one is a complaint against a decision in an administrative case. If you do not appeal the decision, then all your other movements will, in fact, be meaningless, because the final document in the administrative case, which records your guilt in committing an offense, will come into force. Drawing an analogy with criminal proceedings, complaining about an administrative protocol without appealing the decision itself is the same as complaining about an investigator who sent a criminal case to court, without challenging the verdict passed in this case.

In accordance with Art. 30.1 of the Code of Administrative Offenses of the Russian Federation, a decision in a case of an administrative offense made by a traffic police official can be appealed to a higher official, to a higher internal affairs body or to a district court, and made by a judge - only to a higher court.

The second complaint against the actions of traffic police officers should be sent to the prosecutor. At the same time, the complaint should pay attention not only to the essence of the offense, but also to other points that may indicate unlawful actions of employees.

Helpful advice: having extensive experience in practical jurisprudence, we strongly do not recommend that you write huge footcloth complaints. This is often the sin of citizens inexperienced in legal battles and novice lawyers, who naively expect that prosecutors and judges will carefully read their twenty-page opuses. Complaints must be concise and contain only those information and arguments that are essential

Appealing a traffic police fine, sample complaints

Right to appeal. Where to appeal the decision

A decision for violating traffic rules can be appealed in various situations:

• technical camera error;
• principled defense of one’s position in relations with the traffic police;
• at the time the violation was recorded, another person (your relative or friend) was driving the car;
• the car was sold under a purchase and sale agreement, but was not registered with the traffic police - fines from the new owner come to your name;
• and others.

A decision for violation of traffic rules (traffic rules) is made by the court or the traffic police.
For violations of the rules of stopping and parking in Moscow, decisions are issued by the Moscow Administrative Road Inspectorate (MADI), for violations of the rules of paid parking in Moscow - by the State Budgetary Inspectorate of the AMPP. The court makes decisions on such violations as:

• illegal installation of “flashing lights”, “quacks” and strobe lights on a car;
• driving a car without a driver's license (driving license);
• driving while intoxicated;
• repeatedly exceeding the permissible speed by more than 60 km/h;
• repeated violation of the rules for crossing railway tracks;
• repeated entry into oncoming traffic;
• if the violation of traffic rules resulted in harm to health of mild or moderate severity;
• failure of the driver to undergo a medical examination for intoxication.

Also, if arrest is provided as a punishment, the “administrative charge” is considered by the court.

Decisions made by courts can only be appealed in court. Decisions made by the traffic police can be appealed either to the district (city) court or to a higher traffic police official.

Article 30.1.
Code of Administrative Offenses of the Russian Federation. The right to appeal a decision in a case of an administrative offense. 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of the Code of Administrative Offenses of the Russian Federation:

• rendered by a judge - to a higher court;
• issued by a collegial body - to the district court at the location of the collegial body;
• issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;
• issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.

1.1.
A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of the Code to draw up a protocol on an administrative offense. 2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court. Based on the results of consideration of the complaint, a decision is made.

Time limits for appealing a fine (restoring the time limit for appealing)

Article 30.3. Code of Administrative Offenses of the Russian Federation. Time limit for appealing a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

In other words, you have 10 days to appeal. The countdown begins from the moment you receive a letter with a resolution in the mail or a copy of the resolution at the traffic police.

What to do if you missed the 10 days allotted for appeal? In this case, you can restore this deadline, but only if it was missed for a good reason.

Valid reasons for missing the appeal deadline may include, in particular: serious illness, helpless condition, illiteracy and other circumstances related to the personality of the person filing the complaint.

If the deadline for appealing the fine has expired and the decision is not appealed, then it enters into legal force.

Article 31.1. Code of Administrative Offenses of the Russian Federation. Entry of a decision in a case of an administrative offense into legal force.

A decision in a case of an administrative offense comes into force:
1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested;
2) after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision;
3) immediately after making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

What should a complaint against a decision contain?

1. Addressee of the application.
   You must indicate the name of the court or territorial traffic police office to which the complaint is being sent. Information about the applicant (i.e., your data) and representative (if available) is also indicated here: full name, residential address, contact phone number.
2. Title of the document.
   Complaint against a decision in a case of an administrative offense.
3. Descriptive and motivational part.
   Here you need to briefly outline the circumstances of the incident.
   Indicate the number and date of the resolution, full name. and the position of the traffic police inspector (or judge - if the court decision is being appealed), who brought you to justice, article of the Code of Administrative Offenses of the Russian Federation. In this part it is also necessary to describe your position, the reasons why you consider the decision to be unlawful. Provide references to legal provisions to support your position.
4. Resolution part.
   In this part, you must indicate what you are asking the court (or a higher traffic police body), namely: to cancel the decision (number, date) and terminate the proceedings.
5. Application.
   List the documents attached to the complaint, indicate the number of sheets in the documents.
6. Signature and date of writing the application.

What arguments can be used

Each situation is individual. Below are common examples that you can use in your application:

1. The decision made is unfounded, and the offense has not been proven.
2. The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
3. Incorrect application of the law (misinterpretation).
4. Failure to take into account evidence provided by the applicant in his defense.

Which fines are better to challenge in court and which ones in the traffic police?

If the decision was made by a traffic police inspector, then it can be appealed both in court and to a higher official of the State Traffic Inspectorate. So, where to write a complaint to resolve the issue faster and fairly?

Practice shows that the bulk of appeals are sent to the courts, since it is the court that has no interest in the final decision, and accordingly will consider the case materials in more detail and more objectively.

Article 30.5. Code of Administrative Offenses of the Russian Federation. Time limits for consideration of a complaint against a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint.
1.1. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

Thus, a complaint sent to the traffic police will be considered much faster. Therefore, it makes no sense to send appeals to the courts, according to which you are clearly recognized as right.

Which complaints are easier to send to the traffic police?

1. if you sold a car, and you still receive fines: in this situation, you need to appeal the received decisions and contact the REO with an application to terminate the registration of the vehicle in connection with its sale;
2. if there are technical errors in the resolution: the state was erroneously determined. car number, if it is not your car that is captured on the photographic materials;
3. if the camera reacted to foreign objects, and you were the intruder (the shadow of a car crossed a solid line of road markings, a motorcycle passed by in excess of the speed limit, etc.);
4. if you were forced to drive through a red traffic light at the direction of a traffic controller;
5. if you are stopped by a traffic police officer in a place where this is prohibited.

That is, everything that is obvious to a person, but not obvious to a camera. And also cases when you sold your car, and the buyer, in violation of the law, did not re-register it in his name within 10 days.

What complaints should be sent to court?

1. Controversial situations in which the traffic police take the side of the “accuser”, when in order to make a legal decision it is necessary to consider the totality of facts confirming your case.
2. When during administrative proceedings:
   - procedural violations were committed in the case;
   — incorrect application of the law;
   — unlawful actions were committed by employees of the State Traffic Inspectorate.

Complaints against decisions on administrative offenses in the field of road traffic are sent to the court at the district (city) level and are not subject to state duty.

Judicial practice (examples when the courts sided with drivers)

1. Appeal of a violation due to the fact that the driver was not the owner (organization), but another person (driver) - the complaint was satisfied (Decision in case 12-378/2016);
2. Appeal against speeding, due to the fact that the car was not in the possession of the owner (spouse), but of another person (spouse) - the complaint was satisfied (Decision in case 12-394/2016);
3. Appeal against deprivation of the right to drive for leaving the scene of an accident - the complaint was left unsatisfied (Decision in case 12-88/2016);
4. Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
5. Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
6. Reinstatement of the appeal period - the complaint is satisfied (Decision in case 12-305/2016);

Samples of complaints against decisions

• sold the car, but fines come to me (download);
• traffic police officers committed violations of the procedure for bringing to justice (download);
• I received a fine, but it’s not my car in the photo - the camera mistakenly read the state license. car number (download);
• paid for parking, and was issued a fine - appealing the fine of the State Property Committee of the State Property Committee (download);
• parked the car under a sign indicating the expiration date of the sign (download);

Online appeal

Appeals to AMPP (Moscow Parking)
On this page you can send a complaint (appeal) to the State Public Institution "AMPP" regarding regulations for violations of the procedure for paying for parking in Moscow . The numbers of decisions that can be appealed here begin with 780 or 03554310 .

State Public Institution “Administrator of the Moscow Parking Space” (AMPP)
Actual address:
Moscow, st. Staraya Basmannaya, building 20, building 1 (metro: Baumanskaya, Krasnye Vorota, Kurskaya ring)

Phones:
+7 (495) 539-54-54 - Unified contact center
3210 - Short number of the Moscow Transport contact center, for calls from mobile phones (Beeline, MTS, Megafon)

Appeals to MADI (Moscow Administrative Road Inspectorate)
Here you can leave an appeal about disagreement with the decision (appeal it), notify about payment of the fine, request a copy of the decision, return an erroneously paid fine. The numbers of decisions by which an appeal can be sent begin with 782 or 03560430 .

Moscow Administrative Road Inspectorate (MADI)
Actual address:
Moscow, st. Kalanchevskaya, 49 (metro: Prospekt Mira, Komsomolskaya)

Phone:
+7 (495) 540-76-56 - Single multi-channel number

Appeals to the State Traffic Safety Inspectorate (State Traffic Inspectorate)
ATTENTION: it is not possible to appeal the decisions of the State Traffic Safety Inspectorate through the online application form. Appeals received by the traffic police through this form are considered in accordance with the Federal Law of May 2, 2006 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” The period for consideration of such requests is 1 month.

To appeal decisions, you must submit a written application to the territorial traffic police department.
The numbers of traffic police regulations start with 188 .

Need help filing a complaint?

Contact our specialists in the “Traffic Lawyer” section through the “order a document” or “ask a question” form. We will promptly consider your question and prepare a complaint against the decision to the court or the traffic police.

To appeal fines in a timely manner, you need to know about them. Subscribe to notifications about new fines (STSI, MADI, AMPP) on the Online State Traffic Safety Inspectorate, pay them on time or appeal them.

Article published date: September 29, 2016
Last modified: July 13, 2018

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:

1. Name of the court (position of the person) authorized to consider the complaint;
2. Information about the applicant of the complaint (full name, address, telephone);
3. Information about victims (if available);
4. Name of the authority (court) that issued the decision;
5. The operative part of the decision (the punishment imposed);
6. Circumstances with which you do not agree;
7. The rules of law to which you refer;
8. Applications;
9. 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.

Sample documents

Sample complaint against a decision in a case of an administrative offense

To court

(full name, address of the applicant)

COMPLAINT

on a decision in a case of an administrative offense

(indicate the name of the body, official)

from "_____"____________________20___ I have been subject to administrative punishment

(specify type of punishment)

under Art._____________ Code of the Russian Federation on Administrative Offenses - for the fact that

(indicate the essence of the administrative offense)

I consider bringing to administrative responsibility (imposed punishment) unlawful, since _____________________________________

Based on the above, guided by Article 30.1 of the Code of the Russian Federation on Administrative Offences,

I beg:

Cancel (change) the resolution_____________________________________________

(indicate the name of the body, official)

Appendix : 1.Copy of the resolution.

2.Evidence presented to support the arguments of the complaint.

How to appeal a traffic police administrative violation protocol

To appeal a protocol on an administrative offense drawn up by a traffic police officer, you must first decide on two important points:

1. What exactly do you intend to appeal – the fact of drawing up the protocol and the violations committed by the traffic police officer and (or) the decision (resolution) adopted based on the results of consideration of the protocol.
2. Who has jurisdiction to consider cases of this offense. In some cases, traffic police officers themselves have the right to draw up protocols and make decisions, and in some cases, the decision is made exclusively by the court on the basis of the materials presented, including the protocol on an administrative offense.

General principles for appealing a protocol

A protocol is a means of recording an offense and its circumstances. In the administrative process, this document is considered as evidence of a violation, often as the most significant, therefore it forms the basis for making a decision in the case - issuing a resolution.

Before appealing an administrative protocol, you need to pay attention to some nuances:

1. You may not agree with the fact that the protocol was drawn up, believing that there was no offense. In this case, it is necessary to reflect your disagreement in the document and, preferably, justify it. This is done in writing in the “Offender’s Explanations” section of the protocol. However, disagreement expressed in this way does not prevent the preparation of the protocol and its consideration, but is necessarily taken into account when making a decision.
2. You may consider some actions (inaction) of a traffic police officer related to drawing up a protocol illegal (unreasonable). Such violations are usually of a procedural nature: witnesses were not involved or they are interested parties, the protocol refers to witnesses or other evidence that actually did not exist, some columns were not filled in or filled in with errors (violations), your rights were not explained , duties, etc. The procedure in this case is similar to that specified in the first paragraph - a written expression of disagreement and its justification, indicating specific violations on the part of the traffic police officer.
3. You know in advance what decision may be made, and, anticipating it, you do not agree with it. Here we are talking about a potential appeal of the decision, but insofar as it has not yet been issued, it cannot be appealed. In this case, it is reasonable to express your disagreement with the protocol in your explanations, and in sufficient detail and motivation so that the body considering the case can clearly and clearly understand your initial position.

In order for the protocol to become proof that you are right, you must actively participate in its preparation and double-check everything.

Necessarily:

• read the compiled protocol;
• indicate in your explanations all violations committed by the traffic police officer, incompleteness of evidence, receipt of evidence with violations, incorrect interpretation (qualification) of the violation and everything else that may show the illegality (unreasonableness) of both the preparation of the protocol and the actions during its execution;
• record the evidence yourself, film it if necessary, drawing up a protocol on video is your right;
• put dashes in the blank lines of the protocol to prevent entries being made there without your knowledge;
• do not sign in places where it is said that rights and obligations are explained if there was no actual explanation;
• receive a copy of the protocol.

The protocol itself cannot be appealed, but there are procedures that still make it possible to recognize it as illegal.

Recognition of the protocol as inadmissible evidence

This option is most effective when the protocol is the only or main evidence, which happens in most cases of traffic violations.

The purpose of recognizing the protocol as inadmissible evidence is to exclude it from the case file for making a decision, with the subsequent termination of the proceedings.

Depending on who is considering the case, a request to recognize the protocol as inadmissible evidence is sent to the traffic police or to the court. You can also submit a petition during the process - as part of a hearing on the case and, accordingly, consideration of the protocol along with other materials. If the application is submitted separately, you must ensure that it is registered. The sooner a statement is made, the better. The deadline is until a ruling is made in the case.

The petition must provide a justification for why you consider the protocol to be inadmissible evidence. Based on practice, the following can be called good arguments:

• use of an unauthorized breathalyzer, claims against equipment designed to record violations;
• participation of interested witnesses (for example, relatives of traffic police officers, administrative detainees and other dependent persons) or their absence;
• indication in the protocol of witnesses who were not present;
• failure to explain to participants the rights, duties and responsibilities;
• examination by a doctor who does not have the right to conduct it;
• absence of entries in the protocol in the required fields (for example, place, time), as well as discrepancies between the data specified in the document and the real ones;
• any other circumstances indicating a violation of the procedure for drawing up the protocol.

Appealing actions (inaction) of traffic police officers when drawing up a protocol

This option is a broader procedure for appealing a traffic police protocol, which covers all possible violations by employees, starting from illegally stopping a vehicle, presenting unreasonable demands, and ending with drawing up a protocol and making a decision on it. In this case, the purposes of the appeal may vary:

• delay the consideration of the case;
• punish traffic police officers for unlawful actions;
• recognize (eventually) the protocol as inadmissible evidence or terminate the proceedings on other grounds.

For the purpose of only appealing the protocol, the option is rarely used, since it is easier, faster and more convenient to rely on the recognition of this document as inadmissible evidence. But sometimes a consistent scheme of challenging individual actions, decisions, documents is used, which ultimately, step by step, leads to the termination of proceedings or a mitigation of punishment. Complaints against traffic police officers are sent to their supervisor or to the court.

Challenging the protocol as part of an appeal of the final decision (resolution)

If a final decision has already been made on the case - a ruling has been made - we can only talk about appealing this act. However, at the same time, the protocol is often disputed as the only or main basis for issuing a particular verdict in the case.

The deadline for appeal is 10 days for preparing and sending the complaint from the moment of receipt of the decision (its copy).

The complaint is addressed to a higher authority of the traffic police and (or) to the court. The bulk of applications are immediately sent to the court, since it is believed that the appeal will be considered in court more objectively and effectively. In addition, in court you have the opportunity to personally present your position and evidence. But the higher authority of the traffic police will study only the case materials and the applicant’s written arguments, however, the decision will be made faster - within 10 days. Decisions in administrative cases made by the court can only be appealed to a higher court.