How to appeal the protocol?
Methods of appealing a protocol are effective only when there are conditions to present circumstances as invalid. That is, to prove that you really are not guilty. But there are options in all cases.
How to appeal the protocol of the traffic police officer
- Do not subscribe to it. Just do not put a signature below and state the disagreement in a few short paragraphs. The more concise they are, the more chances you have to change the circumstance in your favor. Just make sure there are dashes in the record-free fields. The names of witnesses must be indicated in the same protocol.
- Within 10 days you can bring the application directly to the head of the inspector, who made the protocol. Your claim should be supported by links to traffic rules, notes about the actual circumstances. It will be just fine if you have a recording from the DVR. You can also come back to the place where you allegedly broke the rule, measure all the data and present them in a clear list or table. So, if the sign was not visible, then you need to take a photo from the place where you did not see it. Counter arguments will not.
- Go to the magistrate if the decision is not in your favor.On this you have 10 days from the time of the decision the sentence on the offense. There you should also show all measurements, the condition of the road, the actual visibility or the scheme that you did not succeed in, or, on the contrary, you had to perform this maneuver, overtaking, hitting or braking. Get inspiration you can.
Before appealing an administrative report on site, you should know a few things:
- If the inspector invites you to his car - then do it or not, only you decide. No one has the right to oblige you.
- Also, under Article 28.5 of the CoAp, the protocol must be drawn up immediately. And if the inspector made you wait about 10 minutes - this is already an administrative offense on his part.
- If the inspector has drawn up a traffic pattern, then you should mention that it has been drawn up without scale and measurements, so that it is invalid. It is necessary to indicate under it: "I do not agree."
- If the inspector refuses to enter your passengers as witnesses, referring to the fact that they are interested persons, then he is wrong. If anything, write yourself in the presence of witnesses.
- Offense happened in another city? Fill out the application form for consideration of the case at the place of registration of the vehicle. This gives tremendous benefits.
- You have the right to attach to the protocol any other documents: the testimony of your witnesses, the schemes you have drawn up
- If the witnesses were not there, then put a dash in the form of the letter Z in the protocol. After all, then the witnesses may appear. How to appeal the protocol in your favor depends largely on this.
If instead of the protocol you are issued a receipt-decision, then you have the right to appeal it. As a last resort, in any free space you need to make a note: "I do not agree," or ask for a protocol. There is no upper limit for the fine, and it is always easier to appeal the administrative offense record than to inevitably pay the fine.