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

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

Is it possible and how to appeal a traffic police report on an administrative offense?

During travel, controversial and borderline situations often arise. This is when the traffic police inspector is sure that the driver has violated, and feels an irresistible desire to draw up a report. At this time, it is better not to argue with him.

We must not forget that the driver always has the right to appeal any actions of the inspector. Today we will tell you how to appeal a traffic police protocol if you signed it, how to write a complaint against an employee if he forgot about his duties and rules of communication, as well as other important nuances.

Is it possible to do this

A protocol is a technical document that only records the circumstances and location of the alleged violation. And it can be appealed only when its compiler made a gross technical error and only in court.

But there is no point in relying on this, because this happens infrequently. Therefore, if you are completely confident that you are right, then you need to appeal documents that, based on the protocol data, confirm the violation with reference to the unfulfilled clause of the rules and the amount of the fine, namely:

decision on the case of an offense;
the court's decision.

And the fight for justice must begin at the stage of drawing up the protocol. For this:

Read the entire protocol with passion.
It must be accompanied by an incident diagram. If it is not there or it is not true, note this in the explanations to the protocol.
Demand that the names of witnesses be included in the protocol.
Video or photograph details of the scene. The court, by its decision, may accept them as evidence.
Place a dash in all unfilled lines of the protocol.
You cannot refuse to sign the protocol, as your signature may be forged. You must record your disagreement.
And finally, a copy of the protocol and diagram of the scene of the incident should be with you after all the procedures related to registration.

We will tell you below how to appeal if you do not agree with the traffic police protocol.

Have you been issued a ticket for parking in a disabled space, but you don’t agree with it? Then the following video will tell you about appealing such a document:

How to properly appeal a traffic police protocol on an administrative offense

The traffic police officers must familiarize the alleged culprit with the decision that was made on the basis of the protocol drawn up. At the same time, they are obliged to thoroughly explain to the person involved in the case his rights to appeal the decision and the deadlines within which he must meet.

First, let's figure out where to appeal the traffic police administrative violation protocol.

Where to contact

The Administrative Code defines three instances where it is possible to appeal against what the driver considers to be an unlawful drawing up of a protocol and the issuance of a ruling on an offense based on it:

To the head of the unit that employs the inspector who compiled the protocol.
To the higher authority of the traffic police, to which this unit is subordinate.
District Court.

How to file a complaint

There are no forms for drawing up complaints of this kind, but one of the factors in making a positive decision is still its correct execution from a legal point of view. The complaint should have approximately the following format:

In the upper right part, the complete details of the addressee, the applicant and his legal representative, if any, are indicated sequentially.
Then the reason for drawing up the complaint (an unfounded protocol or a punishment order drawn up on its basis).
Date and place of incident.
Detailed circumstances indicating the characters involved.
Description of the actions of traffic police workers. That is, the position and surname of the inspector who drew up the protocol, the protocol number, the resolution number indicating the allegedly violated traffic rules and the amount of punishment.
Indication of inaccuracies and violations in the preparation of the protocol and your vision of what happened.
Arguments in favor of your option.
A link to witness testimony or the presence of any documentary evidence of your case.
Next comes a request for the possible appointment of an expert examination to verify your explanations.
And in the final part there should be a request to remove or mitigate the punishment.
At the very end, the date and signature of the applicant and his legal representative are placed.

From us you can download a sample complaint to appeal the traffic police administrative violation report.

Sample of appealing a traffic police protocol on an administrative offense

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

No driver is insured against all kinds of accidents on the roads. However, cases are not uncommon when the accusation of a traffic police inspector, for various reasons, is incorrect or raises doubts among the accused.

What behavior would be correct in such a situation? What is the procedure for appealing a traffic police report on an administrative violation? Within what time frame must a person who disagrees contact the appropriate authority? We will discuss all this today.

Protocol: your weapon or your sentence

First of all, let's understand the terminology. We will appeal not the protocol itself, but the decree issued at the same time as it, or the court decision made on the basis of this decree. The protocol records only technical aspects: information about the participants in the accident or violation and their vehicles, the type of violation that was allegedly committed, information about witnesses and explanations of the accused persons. The resolution contains a decision on the appropriate punishment (fine, deprivation of rights, etc.), an article of the Code of Administrative Offenses of the Russian Federation, on which the inspector relied when making a decision, and additional information (a receipt, in the case of a fine, information about the court to which the accused will be summoned, - in case of administrative arrest or deprivation of rights).

However, in order to be able to prove your innocence in the future, the main attention should be paid to the protocol. Here are some tips to help you avoid being scammed:

Carefully read each sentence that is indicated in the protocol.
If you notice that the pattern of the offense does not correspond to reality (or its absence), do not agree with the inspector’s interpretation or consider his actions unlawful, be sure to indicate all this in the “Explanations” column;
Insist that witnesses on your side (if any), for example, those who were in the car with you at that moment, must be included in the protocol. If the inspector refuses to enter them, do so yourself in the “Explanations” column;
In each unfilled line of the protocol, put a dash so that later “miraculously” information does not appear in it that distorts reality.
If possible, photograph or videotape all the nuances related to the case, so that if something happens, present them as evidence.
Don't forget to get a copy of the protocol. If a different version than was drawn up appears in court proceedings, it is the copy that will become the main weapon for protecting your interests.

In addition, you have the right not to sign the protocol. However, in this case, make sure that your refusal is confirmed in writing by 2 witnesses, so that later a signature in the protocol does not appear out of nowhere.

Appealing a decision: how, where, when

We've sorted out the protocol, now let's move directly to the appeal.

If you do not agree with the amount of the fine, which can be issued at both the lower and upper limits, then you should contact an official from the IAZ group (enforcement of administrative legislation).

If you do not agree with the actions of the traffic inspector, then according to the established procedure it can be done in 2 ways:

Initially, write a complaint to higher management (this can be either the head of the traffic police department or the commander of this traffic police unit), and then, if this does not help, go to court.
Contact the court directly.

In this case, your application must be drawn up by hand, in the appropriate manner (see sample appeal), contain your signature, and also be:

Brief. No one is interested in reading 20-page novels, and besides, the risk that the reader will not pay attention to the points that are important to you is extremely high.
Structured. The complaint can be written in any style (preferably businesslike), but must have a consistent logical sequence: Who is filing the complaint, what he is accused of, what and on what basis he does not agree, what he is asking for (cancel the decision/mitigate) and what I am ready to provide materials as proof of my innocence.
Reasonable. The more legislative documents, excerpts from the Code of Administrative Offenses of the Russian Federation, etc. you can cite in your defense, the higher the likelihood that your complaint will be satisfied.

Contacting the traffic police

Consideration of a complaint to the traffic police, in most cases, is nothing more than a formality. Most appeals are unsuccessful, after which people are forced to go to court. Since after filing a complaint the case will be considered without your participation (you will only be given a copy of the decision), then in fact you will not be able to provide any witnesses or additional materials that could tip the scales in your favor.

But, if you want to try your luck or do not have time for legal proceedings, you can contact the above-mentioned traffic police authorities, information about which can be found both in the traffic police department and on the website www.gibdd.ru.

Going to court

The procedure for appealing a protocol on an administrative offense of the traffic police in court, or rather a resolution, must be considered from 2 positions.

When you challenge the legality of the inspector's actions;
When you challenge a previous court decision.

In the first case, you also write a complaint to the court at the place where the administrative offense was committed (you can find out which one on the website www.sudrf.ru). You receive a summons, after which you appear in the courtroom on the appointed day and provide all available arguments proving your position. It would be a good idea to seek help from a lawyer.

In the second case, you already have the judge’s ruling in your hands and are filing a complaint against him.

If the decision was made by a magistrate, the complaint is filed in the same district station, but is addressed to the district court;
If the decision was made by the district court, then the complaint is filed with it, but addressed to the regional court.

The decision can be appealed only once.

Deadlines for appeal

Regardless of which authority (court or traffic police) you choose to appeal, the deadline for filing a complaint, according to Part 1 of Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, is 10 calendar days (including holidays and weekends). You have the right to choose the form of filing a complaint (in person or by mail). In this case, the mailing time will not be taken into account, and the stamp on the envelope and the mailing receipt will become evidence that you met the deadline (if they refuse to accept the complaint). The same situation applies to a summons if you missed a court hearing because you received it too late or did not receive it at all.

If, for good reason, you were unable to properly file a complaint within the prescribed period, you can submit an application “To restore the deadline for appealing,” in which this reason (illness, business trip, etc.) is indicated. If your application is satisfied, you can prepare documents to appeal the inspector’s decision.

If the accusation is truly unfounded, and you have irrefutable evidence confirming this fact, it is quite possible to achieve a decision in your favor. Therefore, do not be afraid and defend your rights in court .

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.

Checking and paying traffic fines 50% discount

We are checking information about fines,
please wait a few seconds

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

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

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

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

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

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

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

Step 2: Prepare the text of the complaint.

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

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

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

Step 3: Filing a complaint

You can submit a complaint:

A) To a senior traffic police official

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

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

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

Step 4: Wait for the outcome of the complaint review

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

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

Appealing a protocol or decision?

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

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

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

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

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

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

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

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

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

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

How to appeal a decision?

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

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

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

3. Serve the complaint or send it by mail

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

Contacting the traffic police

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

Going to court

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

Deadlines for appeal

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

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

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.

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

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