Deadline for appealing a traffic police administrative violation protocol

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

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 .

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

Deadline for appealing a traffic police administrative violation protocol

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

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

A car owner held accountable for violating traffic rules has the right to appeal the traffic police protocol. After all, an inspector from the State Traffic Inspectorate may make a mistake when establishing the fact of an offense and its subsequent registration. Even if the driver is convinced that he is right, it is better for him not to conflict with the traffic police officer. We need to wait for the proper protocol to be drawn up. The imposition of an administrative penalty can always be challenged if the motorist reasonably doubts the legality of the traffic police officer’s arguments.

Does the driver have the right to appeal the traffic police officer’s protocol?

If a controversial situation arises that casts doubt on the fairness of the traffic police officer’s arguments, the driver has the right to disagree with the contents of the protocol. The official document on the basis of which a citizen is given a fine can be challenged.

The corresponding right of an individual is regulated by the provisions of Article 30.1 of the Code of Administrative Offenses. A motorist can legally appeal both a protocol on traffic violations and a decision that is made on the basis of this protocol.

The provisions of Article 28.2 of the Code of Administrative Offenses regulate that an employee of the State Traffic Inspectorate must record an administrative offense (violation of traffic rules), strictly observing the following rules:

The name of the inspector, his position, as well as the place and exact time of drawing up the protocol are indicated.
Personal information and contacts of the guilty party (driver), injured citizens, and witnesses are recorded.
All articles of the Code of Administrative Offenses violated by a specific driver are clearly indicated.
A citizen brought to proper responsibility is explained all his duties and rights.
Victims, witnesses and the offending driver himself are given the opportunity to reflect in writing their own vision of the events that took place and express disagreement with the inspector’s arguments.
If a recorded violation of traffic rules became the cause of a road traffic accident (RTA), a diagram of the accident and DVR records (if available) should be attached to the relevant paper.
The document drawn up must be signed by the traffic police officer and the violating driver. If the driver refuses to sign this paper, a corresponding note is made on it.
Upon signature, the violating driver is provided with a copy of the completed administrative documentation.
If the driver held accountable is absent, the administrative protocol can be drawn up without him. However, a copy of this paper is sent to the violating driver within 3 days.

If at least one of the requirements listed above was violated by the inspector, this may become the basis for appealing the relevant protocol through a higher official or judicial authority. If the traffic police officer involved witnesses who were interested parties, this fact should also be recorded.

Who can challenge a traffic police officer’s protocol?

The following entities have this opportunity:

the driver who is held accountable for violations;
authorized representative (defender) of the violating motorist;
injured citizen (if he is present in the case under consideration);
authorized representative of the injured citizen.

Procedure for appealing the protocol

First you need to decide on the specific reasons for challenging the protocol. The citizen-applicant can reasonably refer to serious violations committed by the traffic police officer in the process of registering the incident, or, as an option, provide evidence of his own innocence. Such evidence may include video recordings of events, as well as witness statements.

Next you need to follow this order:

A written complaint is drawn up, a package of necessary papers (documentary attachments) is compiled, and agreements are reached with witnesses (if any).
The complaint is sent to the higher management of the State Traffic Inspectorate in accordance with the pre-trial appeal procedure.
If an appeal to the higher management of the traffic police does not give the desired result, the violating driver has the right to complain to the court.
The complaint is considered on its merits, a verdict is rendered, and an appeal is filed if necessary.

How to file a complaint

The procedure for appealing a traffic police report involves the driver filing a corresponding complaint containing the following information:

Introductory section. The name of the authority to which the applicant is applying, as well as the full name and residential address of the applicant, are indicated.
Descriptive section. The circumstances of the incident are briefly described. The inspector's details (full name, position), as well as information about the protocol drawn up (time of completion, date of execution, number) are indicated. The articles of the Code of Administrative Offenses imputed to the violating driver are given separately.
Motivational section. Here the applicant expresses disagreement with the arguments and actions of the State Traffic Inspectorate employee. Proper arguments are given (violations in the registration of the incident, violated requirements and acts, available evidence, witnesses, a petition to invite witnesses to court, a request for an examination, other arguments and confirmation).
Final section. Specific requirements are formulated for the authority considering the submitted complaint. This could be a reduction in the amount of the imposed fine, cancellation of the protocol, cancellation of the issued decision, or replacement of one punishment with another.
Documentary applications. It is necessary to provide copies of the civil passport of the individual applicant and the traffic police report.

Appeal period

The period for appealing the procedural actions of an employee of the State Traffic Inspectorate is 10 (ten) days, counted from the date the driver receives a decision on the fact of an administrative offense, which is regulated by paragraph 1 of Article 30.3 of the Code of Administrative Offences.

Where to file a complaint

If the driver believes that the traffic police violation protocol was drawn up by the traffic police officer unlawfully, he has the right to challenge this document by acting as follows:

Appeal to the traffic police inspector representing the group responsible for the implementation of administrative legislation. This option is considered appropriate if we are talking, for example, about the disagreement of the violating driver with the amount of the imposed fine.
The driver’s disagreement with the actions of the State Traffic Inspectorate officer is grounds for filing a complaint with the head of the traffic police department in which the officer serves.
The main department of the traffic police is the authority to which it makes sense to contact in difficult circumstances.
Filing a proper lawsuit in court is the last method, which is usually used if the previous options did not lead to the desired result. The driver can initially use the judicial procedure without resorting to previous authorities. In this case, you need to contact the district court.

Consideration of the complaint and rendering a verdict

Consideration of the submitted complaint is carried out by the authority (court, higher management of the traffic police) within 10 days, counted from the moment it is received by the addressee. At the same time, the execution of the imposed punishment does not stop upon appeal.

The driver (his authorized representative) is present during the consideration of the case. If the violator himself (his representative) is absent, the proceedings may be postponed or carried out without the participation of the absent persons.

All available materials are studied, as well as additional evidence provided during the proceedings. Based on the results of the consideration, one of the following verdicts is made:

do not change the resolution, do not satisfy the complaint;
change the resolution without worsening the position of the person brought to justice;
cancel the decision, terminate the proceedings in this case;
cancel the decision and return the case itself for reconsideration to the competent authority;
cancel the decision and send the case to a subordinate authority for consideration if it turns out that this decision was issued by an unauthorized body.

Within 3 days, a copy of the verdict is given to the applicant. The decision that was made by the reviewing authority on the driver’s complaint can also be challenged in court (if a pre-trial procedure was applied) or through a higher judicial authority. Similar terms and rules apply. If the verdict is rendered by the appellate authority, it begins to take effect from the moment it is rendered.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.