How to challenge a traffic police fine

How to challenge a traffic police fine - competently appealing a fine

It is difficult to imagine a driver who has never received a fine for driving or has not been stopped by a traffic policeman. Unfortunately, traffic police officers are not always objective; sometimes their actions contradict not only Russian legislation, but also, naturally, common sense. This article is devoted to a topical issue for drivers: how to challenge a traffic police fine?

A traffic police inspector can issue a ruling on a violation of the rules at the place where the offense was recorded or at the scene of the accident. The same task is assigned to special units of the traffic police, when a violation is recorded virtually automatically. There are often cases when a decision is made by a court, but only cases of the most severely punishable violations are heard in court.

The duties of traffic police officers, in particular, include compliance with the law. If they deviate from the law, they must be held accountable for it. People are often afraid to go to court because they believe that it is impossible to get the truth from the traffic police. This gives rise to impunity, but the more often we defend our own rights, the greater the likelihood of building a rule of law state.

Next, you will learn some of the nuances of how to appeal a traffic police fine.

Deadlines for filing a complaint

, 10 days are allotted for filing a complaint . The resolution is usually served after the case has been considered. But, if for some reason you were absent or the violation was recorded using an automatic recording camera, the period is counted from the moment you actually receive the decision by mail.

If you did not meet this deadline, you can, of course, file a complaint and an application to restore the deadline for the appropriate appeal. However, remember: you will have to provide all kinds of evidence that the deadline was missed for a good reason (documents for a business trip or vacation, sick leave).

The complaint must indicate the name of the body where the complaint is being filed (court or traffic police), the date, the number of the resolution regarding the case of an administrative offense, and provide arguments proving, in your opinion, the illegality of the accusation.

Consideration of the complaint

The complaint is considered within ten days. And the decision made on the complaint is not final. The inspection findings can be challenged in court at the location of the traffic police, and then in a higher court.

It is worth noting that consideration of a complaint by the traffic police is in practice only a formality.

In reality, the case is being considered without the participation of the driver, so it will not be possible to provide additional evidence (for example, witness statements, video and photographic materials).

That is why the decisions in most cases actually remain in force. In light of the above, it makes sense to file a complaint directly with the court . Naturally, the question arises: which one?

The courts consider complaints at the place where the offense was committed. You can find out which district court a specific address belongs to on the Justice website - www.sudrf.ru. If the decision was originally made by the court, then the complaint can be filed with higher authorities.

The complaint must be considered within 2 months from the date the case materials are received by the judge. The judge is obliged to consider the case from scratch and not take into account the findings of the lower court or the traffic police.

If new evidence appears, it is worth adding it to the complaint.

Witnesses

If there are eyewitnesses to the incident, it would obviously be a good idea to record them. Often inspectors are prohibited from entering witnesses in the column intended specifically for them, justifying this by the fact that only a policeman can write in the column “Witnesses and victims”. But the inspector’s ban is illegal; there are no such legal restrictions.

Signature of the car owner in the protocol

There is an opinion that the signature in the protocol means the citizen’s consent to the violation. This is wrong. The signature means that the driver is familiar with its contents, has received the appropriate copy, and the data regarding it is correct, except in cases where the protocol specifically states “I agree with the violation.”

If there is no such note, and you do not agree with the violation, sign the protocol, but in the “explanation of the violator” column on the back side, describe your vision of the situation . You can also state your objections to the police officer's misconduct.

Also know that if you intend to challenge your prosecution, failure to receive a copy of the protocol is an extremely undesirable outcome for you: you may, of course, face all sorts of bureaucratic obstacles in the future.

If the court did not agree with your arguments and left the decision unchanged, you can appeal to higher courts with a complaint. And remember: if the accusation is not supported by conclusive evidence, it is more than possible to succeed .

The legislation, unfortunately, provides the driver with minimal opportunities to challenge the fine from the camera and prove his innocence: recording a traffic offense makes the driver guilty. In court, as a rule, he can only contrast his words with a photograph of a car with a recorded speed, and this is not enough to make a decision in favor of the motorist.

When a traffic violation is recorded by a video camera, a so-called traffic violation is drawn up. “letter of happiness” instead of a protocol. The owner of the car receives a ready-made decree by mail, drawn up without his knowledge.

According to experts, such “letters of happiness” today come to every second car owner, and not only to those who actually violated the rules.

So what to do if you haven’t violated any traffic rules?

How to prove your innocence

There are several ways to prove your own innocence:

1) First of all, you need to carefully evaluate the situation and the time in the photograph.

There is a known case when a driver was shown 3 photographs of his car in rear projection at a speed of 126 km/h, 105 km/h, 91 km/h. The time in the photo was 1-2 seconds apart.

The driver of the car could theoretically brake sharply, but in this case the brake lights on his vehicle would be on, which the photo did not reflect.

2) Be sure to look at what shooting mode is indicated in the photo - mobile (in motion) or stationary.

If the mode is the second of those mentioned, and the traffic police vehicle is in motion, or, on the contrary, the car was driving, but the photo shows a stationary mode, such photographs are invalid. By the way, few people know that traffic police inspectors are required to give photographs to the driver .

Always request these photographs, since if a discrepancy is identified, they may serve as the reason for an official investigation against such unscrupulous inspectors.

3) When recording an overestimated speed indicator, you can refer to the maximum speed of the car set by the manufacturer.

Another way to challenge the ruling is to file a complaint with the court at your place of residence, but in fact you will not have to pay any government fees. A complaint can be made within 10 days after receiving a copy of the decision.

Filing a complaint and appealing traffic police fines: instructions

The text of the complaint can be divided into several parts:

The first part contains information about the addressee of the complaint, court details and your data. Then comes the main text.
Be sure to make a reference to the resolution, legislative acts and documents confirming that you did not commit an offense or that you were not driving the car at that moment.
Also ask the court to question witnesses (if necessary) whose information is included in the complaint.
State your request addressed to the court: to terminate proceedings in a specific case, cancel the decision, send such and such a case for a new trial.
In the last part of the complaint, it is recommended to indicate a list of attached documents.

Photos from the scene of the offense, the technical capabilities of the car, and DVR data can be used as evidence of innocence.

A complaint against a decision must be considered, as already mentioned, within 10 days from the date of its receipt by the court .

If you fail to appeal the decision, you will have to pay the fine within 30 days.

If you fail to pay, you will also be subject to a fine equal to twice the amount of the unpaid fine (however, not less than a thousand rubles). In some cases, the fine is replaced by arrest for fifteen days.

The above procedure is valid when receiving a fine by mail from photo and video cameras recording offenses. In some cases, which is true, there may be special situations that allow you to avoid fines. For example, sometimes in the photo included in the “chain letter” the number is “deciphered” with an error (if the numbers or letters are hard to see due to dirt) and a different car is shown.

How to challenge a parking fine?

For parking a car in the wrong place, recorded using a stationary camera or a flying crew, the unlucky driver, in accordance with the law, will have to pay a fine of 3 thousand rubles.

If you've been fined unfairly, how can you avoid paying a ruinous amount? According to lawyers, the decision to fine can be appealed in court or to a higher traffic police, but the chances of a decision in favor of the motorist are low . Moreover, such cases are rare.

If a violation of parking rules is recorded and officially registered, it is almost impossible to challenge it. Experts say that the only possible way here is to find an error in the resolution : the place or time of the violation, the traffic rules clause, etc. are incorrectly indicated.

Video: Drivers against illegal parking fines

We can only believe that the number of drivers who are ready to fight for their rights will increase, as will the number of complaints about fines, and they will no longer have to meekly agree with unfair accusations from the traffic police. We hope you find this article useful and help you avoid unnecessary fines!

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Source: http://pravo-auto.com/kak-osporit-shtraf-gibdd/

Didn’t violate anything: how to challenge a traffic police fine from a camera

An illegal traffic police fine arrived in the mail, and justice demands that the case be put on hold, because he is innocent. Experts recommend promptly challenging “chain letters.” Why is it beneficial to prove that you are right and how to do it correctly?

Attention, camera!

Video equipment in the service of traffic inspectors is being improved - the list of offenses, images of which are sent to car owners, is regularly expanding.

Today the cameras are catching:

driving on lanes dedicated to public transport;
exceeding the maximum set speed;
parking in unauthorized places;
crossing the stop line at a prohibiting traffic light;
unfastened seat belts;
driving into oncoming traffic and other violations.

Anatomy of a Process: Why Errors Happen

Special units of the State Traffic Safety Inspectorate - Centers for Automatic Recording of Administrative Offenses (CAFAP) - are responsible for the operation of video recording systems.

A camera installed on the road records the violation and sends the image to the processing center.

Here the computer reads the car number from the image, determines its owner from the database and generates a decision. The information is then processed manually.

The operator checks whether the image corresponds to the car whose owner has been issued a warrant, and whether the license plate is recognized. The verified data is sent to the inspector, who signs the order and sends it to the owner of the car by registered mail with acknowledgment of delivery with a photograph attached.

However, the system does not work clearly; both technology and people make mistakes. How to challenge a traffic police fine from a camera if the recipient of the letter “did not commit and is not guilty”?

In general, do you need to prove anything? It is for video recording that the Code of Administrative Offenses (CAO) makes a reservation - the presumption of innocence does not apply to these cases (Part 3 of Article 1.5 of the Code of Administrative Offenses and a note to it). The car owner has to prove that he is right.

Established deadlines: issuing a fine, appealing, payment

The statute of limitations for bringing car owners to justice is two months from the date of violation (Article 4.4, Chapter 4 of the Administrative Code). It makes sense to check whether the inspectors were late in issuing the resolution - overdue ones can easily be canceled through the court.

To appeal decisions on the collection of a fine, the law gives 10 days (Article 30.3 of the Code of Administrative Offenses). The countdown begins from the day the document is received by mail.

If the deadline is missed for a good reason, and this is documented (there is a sick leave or an order to be sent on a business trip), you can still challenge the fine.

Those who are late attach to the complaint filed with the court an application for restoration of the missed deadline with documents confirming the reason.

If the owner does not challenge the resolution within 10 days, it comes into force. Article 32.2 of the Code of Administrative Offenses allows 60 days to pay the fine (this can be easily done through the State Services website or using the Autopayment service from Sberbank). If, after 70 days from the date of issuance of the decree, the car owner has not paid the fine, the case is transferred to the bailiffs for enforcement proceedings.

If you just don't pay

You shouldn’t ignore the ruling that has arrived, even if there was no actual violation - unpaid fines can become a source of trouble (find out about the powers of bailiffs).

Table 1. Possible consequences of unpaid traffic fines

ViolationPenalty imposed by the bailiffGrounds

evasion of a fine	a fine of twice the amount unpaid (at least 1,000 rubles) or up to 50 hours of compulsory work	Part 1 Art. 20.25 Code of Administrative Offenses
evasion of payment of a fine in the amount of more than 10,000 rubles. (including according to various documents)	temporary restriction on leaving the country	Art. 67 of Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”

Is it worth hoping that after the statute of limitations expires (two years under Article 31.9 of the Code of Administrative Offenses) all debts on unpaid fines will “burn out” on their own? There is a chance only if the bailiffs are completely inactive:

When a decision is made in favor of the owner

No one forbids challenging any alleged violation. Another thing is that it’s worth starting when it’s really possible to prove that you’re right.

Based on practice, car owners manage to appeal a traffic police fine issued based on a camera image if:

Photos and reality clearly do not match. For example, the number plate on the offender’s car was read incorrectly, and the order came to the owner of a completely different car.
It is impossible to determine the license plates from the attached photo.
The speed recorded by the camera exceeds the technical capabilities of the vehicle.
In the area where the violation was recorded, no prohibitory sign was installed or its effect ended before the place where the car was filmed. For example, a fine was issued for illegal parking, but there is no sign “Parking prohibited” on a section of the road and this can be proven. Learn from a professional auto expert how to appeal a parking ticket.
It was not the car owner who was driving at the time of the violation. The owner is released from liability if he confirms that at the time of filming the car was stolen or was used/owned by another person (Article 2.6.1 of the Administrative Code). Find out why selling a car by proxy is risky.
The camera model is not certified to record a violation for which a fine has been issued. This applies, for example, to unfastened seat belts and low beams. Not all complexes are certified for their determination.
For one violation filmed by one camera, several orders were issued.

Is a warning sign required to issue a fine? The road sign “Photo and video recording” (plate 8.23) only informs that a stationary camera operating in automatic mode can be placed in this area. Plate 8.23 must be accompanied by appropriate road markings (1.24.4). Installation of a sign in front of mobile cameras is not required.

Writing a complaint: where and who to contact

If the owner of the car does not agree with the alleged violation, he must have time to challenge it within 10 days after receiving the decision. Where to go and where to appeal traffic police fines from a video recording camera?

According to the law (Article 30.2 of the Administrative Code), the car owner sends an application of his choice:

The official who made the decision, i.e. traffic police inspector. In this case, the appeal will be redirected to a higher-ranking person for consideration, so this option is not working.
To a higher official who is authorized to consider such complaints.
Directly to the district court at the place where the decision was made.

That. The issue can be resolved pre-trial, through the traffic police department, or in court.

Contacts of State Traffic Inspectorate officials to whom a complaint can be sent are indicated in the resolution itself. Since video recording of offenses is the responsibility of the Automatic Recording Centers of the State Traffic Safety Inspectorate, in most cases you need to write there (see contacts of the Russian branches of TsAFAP).

An application for appeal can be sent to the traffic police by registered mail with acknowledgment of receipt, or drawn up on the spot and delivered in person (not forgetting to put an acceptance mark on your copy).

The most convenient way is to create a request through the traffic police Internet service (http://www.gibdd.ru/letter/). In this case, scans of documents confirming the applicant’s position can be attached to the complaint.

For residents of the capital, at the initiative of the Moscow State Traffic Safety Inspectorate, the Autocode portal was created, which is intended, among other things, for applications to MADI.

No matter how the complaint is sent, there is no specific form for it.

The application for review of the case should be called “Complaint against a decision on an administrative violation” and include the following information:

details of the person to whom the complaint is sent (full name, position);
applicant’s details (full name, residence address, contacts);
number and date of the appealed decision;
a request to cancel the decision;
description of the reason for reviewing the decision - the motivation for the complaint;
list of attachments (copy of the decision, photographic materials from the camera, documents confirming the applicant’s innocence);
the note: “Please consider without personal participation” if it is not possible to attend the analysis of the situation;
signature of the applicant and date of preparation.

The more detailed the situation is described and the more accurately the evidence is selected, the greater the chances of success. The applicant’s position can be confirmed by: photographs, videos, technical characteristics of the car, purchase and sale agreement, etc.

Example of motivation for appeal:

The inspectorate must consider the case within 10 days (Article 30.5 of the Administrative Code). The decision of the traffic police is not final; the law gives the right to appeal it in court at the place where, according to the decision, the violation was committed. Through the website www.sudrf.ru you can find out which district court (magistrate judge) the address belongs to:

Find out from the video why lawyers advise challenging erroneous fines received by mail.

How to challenge an illegal fine

Material on the topic: Payment of a traffic police fine through the State Service website: quickly and easily

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How to appeal a traffic police fine?

Good afternoon, dear reader.

Almost every Russian driver has received an administrative fine at least once in his life. Most fines are imposed quite reasonably, so drivers can only pay them.

However, in practice there are often situations in which the driver absolutely disagrees with the administrative punishment and wants to protest it. It is the procedure for appealing the fine that will be considered today:

Let's get started.

To begin with, I would like to remind you that currently there are 2 options for receiving fines:

Some of the steps below will differ for the options listed.

1. Make sure there is a penalty

This step applies to the situation when the fine is received by mail. It is quite difficult for a driver who complies with the requirements of the rules and rarely receives administrative penalties to distinguish a real “chain letter” from a fake one. This is often taken advantage of by scammers who send “fake” letters with their own details.

In 2018, such deception is much less common than several years ago. Nevertheless, it will not be superfluous to make sure that the fine is legal. You can do this using the form below. Just enter the resolution number (it is indicated at the top of the document) and click on the “Search!” button.

If the fine is found in the GIS GMP, then you can proceed to the next step. If nothing is found in the database, then I recommend contacting the nearest traffic police department to clarify the information.

2. Feasibility of appeal

Before proceeding with the preparation of documents, I recommend that you think about the advisability of canceling the fine. After all, although the procedure itself is free, you will have to spend your own time on it.

In some cases, you will have to take time off from work at your own expense to visit the traffic police or court. There may also be additional costs for sending a registered letter or for travel to the department.

Let's look at an example. The driver will receive a “letter of happiness” for exceeding the speed limit by 22 km/h. The fine for this violation is 500 rubles. If you pay for it at a discount, the amount will be 250 rubles.

If this amount is not significant for the driver, then there is little point in spending time and money on drawing up a protest, because the benefit will be small in any case.

It's better to just pay the fine and forget about it.

Nevertheless, in practice there are situations when an appeal is a matter of principle for the car owner. In this case, even if the fine is small, you will have to file a complaint.

3. Payment of fines at a discount

Another issue to pay attention to is the 50% discount when paying a fine. If the driver files an appeal, the proceedings will most likely last longer than 20 days. Those. The opportunity to receive a discount will then disappear.

What can be done in this case? If you are not sure that the proceedings will end in your favor, then it is better to pay the fine at a discount in advance. This can be done through the form presented above.

Please note that if in the end the traffic police (or another organization) takes your side, then the previously paid amount can be returned:

4. Evidence to cancel the fine

The next step is to think about evidence that will allow the driver to defend his case. Let's consider several options:

The photo in the “chain letter” shows another car . Unfortunately, such errors are quite common, because... The camera may not always correctly recognize the number. For example, your car has number A123AA19, and you receive a photo of a car with registration plate A123AA197.
If at the time of the violation recorded by the automatic camera, the driver was in a different place . In this case, evidence is more difficult to find. For example, if the owner of the car was abroad, then he can present a foreign passport, which contains notes about entry and exit from Russia. The same applies, for example, to places of deprivation of liberty or cases of serving administrative arrest, confirmed by documents.
If another driver was driving , then the evidence will be the statement of this driver.
When a violation is recorded by police officers, the evidence may be a recording from a video recorder or an external surveillance camera, which shows the circumstances of the alleged violation.

The evidence listed above is quite serious and, if available, the likelihood of challenging the fine is quite high.

However, in practice, some drivers try to challenge fines because of some nonsense. For example, if there are minor typos in the text of the resolution. In such cases, challenging the fine is much more difficult, and the likelihood of the decision being canceled is quite small.

5. Where to appeal a decision on an administrative violation?

In short, the protest must be sent to the organization that initially issued the fine:

1. If you exceed the speed limit or violate other traffic rules, an application is submitted to the traffic police.

2. When receiving a fine for unpaid parking, the complaint is sent to the State Administration of the AMPP (in Moscow) or a similar organization in the regions.

3. If the issue was not resolved the first time, the driver can go to court.

Please note that you need to contact exactly the department whose employee imposed the punishment.

For example, a fine was received by mail. The speeding was recorded by a camera located in Moscow; the driver lives in Khabarovsk. In this case, the application must be sent to Moscow (details of the unit must be indicated in the resolution). In this case, the car owner will have to use registered mail, because... traveling across the country is too expensive.

6. Drawing up a complaint

After all the preparatory issues have been resolved, all that remains is to draw up an application. The document is drawn up in free form. The text must indicate the reasons why the fine should be cancelled.

Let's look at drawing up a complaint using an example. The driver received a “letter of happiness” with the following content:

The problem in this case is that the automatic system did not fully recognize the car number and sent the letter to the wrong person.

Let's move on to filing a complaint:

1. In the header of the document you should indicate the name of the department, the full name of its head, as well as the full name and address of the owner of the vehicle.

2. The main part of the document must describe in detail the reasons why the punishment should be canceled. In the example under consideration, this is a discrepancy between the number in the photograph and the number indicated under it.

Since situations are always different, the text of the document is compiled individually.

3. The bottom of the complaint should be dated and signed.

The result is a complaint like this:

7. Submitting a complaint

After the complaint has been prepared, it must be submitted to the appropriate government agency (from paragraph 5). You can do this in the following ways:

1. In person.

2. Send by mail . Please note that by mail you must use a registered letter with a description of the contents and a receipt. The enclosure inventory confirms the contents of the envelope, and the delivery receipt indicates that the letter has been delivered to the addressee. Such a letter costs a little more, but it will not allow the complaint to be “lost.”

Let me remind you that the driver has 10 days from the date of receipt of a copy of the decision to appeal the decision on an offense. If the complaint is sent by mail, then the letter must be sent within 10 days. If the letter reaches the addressee after the expiration of the specified period, then this will not be a violation.

In conclusion, I would like to note that challenging fines is not as complicated a procedure as it seems at first glance. The most important thing is to correctly express your own thoughts in the text of the complaint. So if you are faced with an unlawful administrative punishment, then feel free to contact the traffic police to have it cancelled.

Good luck on the roads!

Source: https://pddmaster.ru/shtrafi/kak-osporit.html

Instructions for appealing traffic police fines. Nuances and legal advice

Automatic video and photo cameras have been in use for a long time, but in recent years they have become widely used as a source of evidence in administrative cases - and especially those involving traffic violations.

And if previously the driver only had to fear an inspector with a baton and a radar, now it could easily turn out that a “chain letter” from the traffic police will come to someone who did not even suspect about his violation.

Let's say that when you open your mailbox, you find such a letter in it - but from the attached pictures you can't really tell whether there was a violation or not - and there are also reasonable doubts about whether the car in the picture is yours at all. What can be done in this case?

○ Appealing a fine to a higher official in the traffic police

The Code of Administrative Offenses of the Russian Federation provides two options for action for a person who has been sentenced, but who does not agree with this punishment:

Appeal to higher management. This option is applicable if the fine was imposed by an executive official (in our case, the traffic police).
Appeal to court.

Let's talk about the first option. It is considered not very effective: in every system, a superior boss usually tries to “cover” his subordinates. However, if the violation is severe, this method may work.

In order to appeal a fine imposed based on an automatic camera image, a number of actions must be taken. The first of these will be the preparation of the complaint itself. It must contain the following information:

Information about the document on the basis of which the fine was imposed: the date of issuance, details of the decision, the person who signed it.
The reasons why you believe that the decision was made unreasonable.
Evidence that supports your position. It must be remembered: although Art. 1.5 of the Code of Administrative Offenses of the Russian Federation provides for a presumption of innocence - but specifically in cases where a fine is imposed on the basis of photo or video recording of a violation, this presumption does not apply. Accordingly, it is not the traffic police who will prove your guilt - but, on the contrary, you will prove your innocence.

At the end of the complaint, a direct demand should be made to cancel the decision and, accordingly, the fine. In this case, you can refer to Art. 30.1, which determines the procedure for appeal, and Art. 30.7 of the Code of Administrative Offenses of the Russian Federation, which, when considering a complaint, gives the right to cancel the decision and completely terminate the administrative proceedings.

Then you should find out who exactly you should contact. This is quite easy to do: on the official website of the traffic police, find the address of the regional department that controls the region where you were fined. Address the complaint to the head of the department.

If he is listed on the official website, enter his name and title in the complaint; if not, simply indicate “Head of the traffic police department for such and such an area.” Even if another department employee considers the complaint, the transfer will take place according to the internal rules of the traffic police, and you, in turn, will comply with the deadlines established by law.

After this, you only need to send the complaint by registered mail. If you yourself live in a regional center or in Moscow, St. Petersburg or Sevastopol, you can personally appear with a complaint at the office hours of the regional traffic police department.

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○ How to challenge a fine in court

But, as already mentioned, you cannot always count on the impartiality of the traffic police chiefs themselves. In this case, it is better to immediately contact the court of the district where the fine was issued.

It also makes sense to go to court if the violation was recorded not in the region where you live, but during a trip to a neighboring one: this way there is a greater chance that you will have the opportunity to appear and personally participate in the consideration of the complaint, as well as confirm before the judge gives his reasons.

The rules for preparing a complaint for a judge will be exactly the same as in the case of a department head.

Moreover, in court the complaint will definitely be considered in a court hearing, to which you will be able to invite witnesses if they can confirm your innocence.

In addition, you will be able to show other evidence in court (for example, a recording made by your car's dash cam on the day the violation allegedly occurred, etc.).

Finally, you can go to court if the traffic police department rejected your complaint. In this case, the court will act as a second instance.

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○ Results of appeal

In accordance with Art. 30.7 of the Code of Administrative Offenses of the Russian Federation, after considering the complaint, a judge or official may make one of the following decisions:

Refusal to satisfy the complaint. In this case, you will have to appeal it to a higher court in accordance with Art. 30.9 Code of Administrative Offenses of the Russian Federation. The period for appealing the decision is the same as for appealing the decision on a fine, that is, 10 days.
Change of resolution. In this case, they will leave the fine to you, but they may change the grounds on which it was imposed. In some cases, it is even possible to reduce its size.
Complete cancellation of both the decision and the fine. This is possible if the violation is considered insignificant (Article 2.9 of the Code of Administrative Offenses of the Russian Federation), or it was committed under extreme necessity, as well as under other circumstances provided for in Art. 24.5 of the Code of Administrative Offenses of the Russian Federation (in particular, in the absence of an event in connection with which a fine was imposed).
Cancellation of the decision and return it for a new consideration. This decision is made if serious procedural violations have been identified that do not allow a full consideration of the case and determination of guilt. A refund also occurs if it was established that the decision was made by a person who did not have the right to consider such cases.

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○ Is it possible to appeal a fine from a camera?

But how much sense does it make to appeal a fine imposed after reviewing a camera image? Isn’t it better to come to terms with the fact that on the basis of filming in Russia it is only allowed to fine, and not to deprive of rights or impose more serious penalties?

In fact, it is impossible to say for sure here. On the one hand, an appeal is a waste of time and money, so if the fine is not that significant for you, you can pay it. On the other hand, any administrative penalty increases your risk: in some cases, a repeated violation leads to a more severe punishment - and you have to wait a whole year for repayment.

Besides, no matter how loud it may sound, justice must prevail. The fewer unfounded decisions that remain in force, the better the work of government bodies (including the traffic police), the better in the end for the state and society.

By appealing an unfair decision, you not only protect your rights, but also fulfill your duty as a citizen of your country.

The statistics themselves are different in different regions, but nowhere is it completely zero: it never happens that all complaints are met with only refusals. Therefore, if your evidence is serious, perhaps you should still appeal the fine.

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○ Lawyer's advice: how to avoid a fine

To appeal a fine imposed after a camera shot, you must do the following:

Carefully study the photographs attached to the resolution. If they do not show what the violation is, file a complaint.
If a fine is imposed on you, but you were not driving the car, use as evidence both witness testimony and bus or train tickets, business trip orders and other evidence. However, this method only works if the person driving the car is registered with OSAGO. Otherwise, you will get rid of one fine but receive a second one.
Find out under what circumstances the shooting took place. In particular, if there was no warning sign, this may serve as grounds for canceling the fine.
Consider what the violation is. A textbook case is when a driver was sent a “chain letter” about speeding, where in three photographs taken with a difference of 2 seconds, the car’s speed decreased from 126 km/h to 91 km/h. The driver won the case by pointing out that the pictures were taken from behind, and with such a decrease in speed the brakes would definitely be used and the brake lights would be on - but in the pictures they are not on.
Find witnesses if possible.

This is only a rough list of what can be done. If the issue is serious for you, you should consider contacting a car lawyer.

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Challenging traffic fines. About this, see the story of the program “Morning with the Province.”

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Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Source: http://TopUrist.ru/article/53864-instrukciya-po-obzhalovaniyu-shtrafov-gibdd.html

How to challenge a traffic police fine from a camera in 2018 - instructions

Today, anyone who violated the speed limit or committed other traffic offenses and was caught on camera will receive a fine by mail, which must be paid within the time limits established by law. But are these fines always legal? Are there cases when a driver, without violating the rules, receives a receipt for a fine? What to do in this situation and how to challenge a traffic police fine from a camera?

What traffic violations are recorded by video cameras?

There are two types of cameras used on the roads today. Automatic crime recorders record any unlawful actions of the driver on the road. The second type of cameras are those used by traffic police officers when on duty. It is very difficult to challenge the latter data, because they remove a specific offense.

The list of offenses that can be recorded by traffic cameras is constantly growing. What traffic violations are recorded by video cameras?

Today, a notification can be received for the following illegal actions on the road:

driving in oncoming traffic;
seat belts are not fastened;
stopping in places not intended for this purpose;
driving beyond the stop strip on red;
over speed;
travel in the bus lane.

In addition to these offenses, drivers may increasingly receive a fine for not having an insurance policy.

In what case can I appeal fines from a camera?

Despite the fact that department officials insist that footage from automatic recorders is highly informative, in fact, many cases have been recorded when a citizen does not agree with the fine imposed on him.

There are often cases when the registrar incorrectly records the license plate number or incorrectly calculates the speed of the vehicle.

It may also happen that the camera will not notice the sticker on your car indicating that you have insurance.

How to challenge a traffic police fine from a camera, in such situations it turns out to be quite simple.

It is worth noting that the law provides for minimal fines for offenses recorded by surveillance cameras. However, this does not stop many drivers from proceeding. And this is correct, but only if you are truly confident in your innocence.

Attention! According to statistics, more than 80% of drivers who are confident in their innocence win cases to appeal fines from video recording cameras.

So, in what case can you appeal a fine:

They sent you a notification, but the photo is not your car at all.
You are sure that you did not violate the speed limit and you have witnesses.
You have insurance, but for not having it you received a fine.
The curb is invisible in the frame.
There is no driver of the vehicle in the frame.
You have received several fines for the same offense.
If you receive a parking fine, but there is no sign prohibiting parking in the photo.
At the time of the offense, the owner of the car was not driving.
The video camera does not have a certificate for recording offenses.
Traffic police fines from video recording cameras have expired.

In what case can a decision be made in favor of the car owner?

The law does not prohibit you from challenging any offense brought against you. However, it must be taken into account that the presumption of innocence does not apply to traffic police fines. Therefore, the citizen will have to prove his case on his own.

How to challenge a traffic police fine from a camera, you can take up the proceedings only if you are sure of your innocence.

The decision is made in favor of the car owner in the following situations:

If the photo from the recorder does not match the make or color of your vehicle.
It is impossible to make out the license plate in the photo.
If the speed set by the recorder is not supported by the technical characteristics of your car.
If you are charged with an offense in an area where there is no prohibitory sign or its effect has already expired.
If the car was not driven by the owner (the car was stolen, the driver was driving by proxy, etc.)
If you have already received a notification regarding this violation previously.
If the recorder does not have a certificate to film a specific violation.
If the receipt is issued after 2 months from the date of recording.

How long does it take to appeal fines from cameras?

How to challenge a traffic police fine from a camera, and within what time frame?

According to the law, if a citizen disagrees with the imposition of penalties, he can appeal the decision within 10 calendar days from the date of receipt of the notification.

If the appeal period has expired, the vehicle owner has no right to file a complaint.

Important! If you miss the deadline for appealing, you will have to pay a fine, even if your innocence is easy to prove.

The first question asked by those who receive a receipt is where to appeal the traffic police fine?

There may be several options. In the case when your truth is obvious and there is no need to prove anything, you can contact the inspector who signed the notice.

When this option does not work, you can file a complaint with the traffic police. Most often, agency employees admit their mistake and the sanctions are lifted.

Important! You can send a letter to the traffic police without leaving your home. On the official website of the department you can write your complaint and calmly wait for a decision.

If the question of your innocence is controversial for department employees, a trial cannot be avoided.

How to challenge a traffic police fine from a camera in court?

Despite the fact that there are no official requirements for filing a complaint with the courts, it is better to follow the following rules when writing it:

Indicate the applicant’s details, department details, and the address of the court department.
Describe why you believe you are innocent, providing evidence that you are right.
Ask the court to cancel the order.
Make a list of attached documents.

The complaint must be written in two copies. You hand over one to the office, the other must be stamped with the date the application was accepted.

The court must review your case and make a decision on it within 10 days.

If the court decision does not satisfy you, you need to know how to appeal a traffic police fine from a camera. You can appeal it to a higher authority within 10 days from the date of the court decision.

What if you don't pay fines from video recording cameras?

Many of our citizens believe that they can simply not pay fines from video recording cameras. This is not entirely correct.

There is an administrative penalty for non-payment. So, if your non-payment amount is more than 10,000, you simply will not be allowed to go abroad.

Important! The deadline for paying the fine is 60 days after the appeal period expires.

If the agency initiates legal proceedings for evasion of payment, the court will order you to pay double the amount owed or you will face 15 days of arrest. In addition, there is also such a punishment as forced labor for up to 50 hours.

If you are found to be a habitual defaulter, your driver's license may even be revoked. The law on this type of punishment came into force in 2016 and now, if you are caught with a large debt, say goodbye to your driver’s license.

Attention! There will be no physical withdrawal of rights. The debtor will only be entered into the database as not having the right to drive a vehicle. Violation of the ban will result in more serious punishment. If the debtor pays the fines, he will be removed from the database and his right to drive will be restored.

The only legal way to avoid paying a fine (if guilt is still undeniable) is to prove that another person was driving.

You can prove this if you have a power of attorney issued by you to a certain person to drive a car.

Also, your statement of theft, which was filed before the offense occurred, can serve as evidence.

At worst, you need testimony from witnesses that although you were in the car, your relative or friend was driving.

Important! If you entrust your vehicle to another person, it must be included in your OSAGO policy. If there is no entry, there is an additional fine for lack of insurance.

It is worth noting that litigation is a very troublesome and exhausting task. Russian courts stand on the side of the traffic police to the last, even if the defendant provides irrefutable evidence of his innocence.

To win a case you need to have a lot of patience and nerves. Try not to violate traffic rules, and if an unfair fine is issued, settle the matter out of court.

Source: https://infportal.ru/fizlitsa/kak-osporit-shtraf-gibdd-s-kamery.html