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How to appeal a fine for violation of traffic rules

Without exaggeration, we can say that each driver was faced with the fact that he was stopped by police for any violation of the rules of the road (SDA) and a fine was issued. Article 222 of the Code on Administrative Offenses of Ukraine establishes the authority for the National Police to bring to administrative responsibility, in particular, violators of traffic rules.

It also indicates that regardless of the amount it can be paid directly on the spot, but only with the use of non-cash means of payment. Many motorists, in accordance with the circumstances, pay a fine and for many this is a significant plus, since you do not need to go to the bank, stand in lines and carry proof of payment to an authorized employee

If the violation of traffic rules falls within the competence of the court, the policeman will draw up a protocol on an administrative offense. These include those for which the driver may be deprived of their rights. For example, for driving while intoxicated, committing an accident and others.

And if you do not agree? What's next?

Those who simply did not pay on the spot or within the time period established by law were obliged to do this through the state executive service by forcing a fine and entering debtors into the register. Just note that the deadline for the payment of the fine in accordance with Art. 307 of the Code of Administrative Offenses no later than 15 days from the date of delivery of the decision on imposition of the fine.

But far from uncommon - unfair fines. Perhaps the police seemed to them or they used a pretext for the legality of your stop or they simply did not like you and thus decided to punish you. All kinds of situations occur in life and no one is safe from them. If you have not violated traffic rules and consider the actions of law enforcement officers illegal, and the police officer is going to write you a fine, try to defend your rights and challenge such actions.

After all, not many people know that it is possible to quite successfully and inexpensively appeal the fine for traffic rules, and in this article we will tell you how to do it.

The first thing that can be done, of course, is to try to prove your innocence at the stopping place. Calmly and politely ask to provide the police with arguments, videos, give witnesses an opportunity to speak, ask to use the legal assistance of a lawyer for their defense. If you have a DVR, show the event record. You can also capture the entire dialogue on video or at least audio recording.

Second, if you still couldn’t do it at the stopping place, defend your rights to the end through the courts. Many people believe, and often not without reason, if the fine was ordered for a couple of hundred hryvnias, and the lawyer will need to pay a lot more, then by itself “the game is not worth the candle” and it makes no sense to appeal the fine for traffic rules. We will try to convince you of this!

For appealing many decisions, filing lawsuits, the personal presence of a lawyer or lawyer is not necessary, which accordingly reduces the labor costs and the cost of such a service. The case can be considered without the presence of the parties to the process on the basis of the documents and evidence provided, and claims in such cases differ slightly since police officers persistently make similar mistakes ignoring the laws of Ukraine and the Constitution. Accordingly, the cost of appeal is set less than the size of the fine itself, and the chances of contestation are quite high.

How to appeal a traffic fine in court? Terms of appeal.

Even if you don’t agree with what you are charged with, but you can’t do anything on the spot, you still subscribe to receive a copy of the decision or a check, preferably with the mark NOT AGREED or PLEASE CONSIDERING IN THE PRESENCE OF AN ATTORNEY. It will be possible to appeal the fine on an administrative offense within 10 days from the date of its adoption, in accordance with Article 289 of the Code of Administrative Offenses. To do this, it is necessary to file a lawsuit with the court and attach a resolution to it.

It is important to note that if you miss the deadlines for appealing the fine, they will refuse to open a case. In this case, you will have to file an application for the restoration of the terms of the appeal and invoke good reasons. And only if the court considers them convincing and proven by you, it is possible to restore the terms of appeal and begin its consideration. Therefore, seek legal assistance as quickly as possible without delay.

For filing a lawsuit in such cases, you are exempted from paying a court fee, which is also an important plus. At this point, the Supreme Court of Ukraine has formed a clear position on 12/13/2016 (No. 21-1410a16).

It is important to understand that a fine is a legal consequence, a sanction for violation. And the fact of violation still needs to be established and proved when the case is considered by the police. According to Art. 276 of the Code of Administrative Offenses the administrative case is considered “at the place of its commission”, that is, the territorial location of the body authorized to examine it is meant, but such a phrase is not equivalent to “at the place of its commission”. Therefore, before the case is considered, there should be no discussion of any fine if the driver does not agree with the charge against him. The procedure for establishing the guilty person and the consideration of the case are clearly spelled out in the KuoAP.

At the same time, it doesn’t even matter if the fact of violation of traffic rules was or not. Only the fact that the police examined the case on the road is already a good reason for filing a lawsuit and challenging it. It turns out an interesting situation, we can say a legal conflict: a police officer can write a resolution at the place where the car stops. But, at the same time, according to the Code of Administrative Offenses, it cannot issue a resolution without considering the case. A case can only be considered in the Police Department. If he considers the case on the road or does not consider it at all, then this will be considered a good reason to appeal the fine and cancel it. Every driver can use this, and even independently

It is worth adding that at the time of challenging such a decision, there is a delay in paying the fine until it is considered. If the court refused to satisfy your claim, then you will have the same 15 days to pay it. If satisfied, you do not need to pay a fine. Although in the realities of our lives, the National Police continues to violate the rights of motorists and there are cases of sending a fine to the executive service and the opening of enforcement proceedings by the State Executive Service despite the existence of a delay.

To summarize.

In order to appeal a fine for violation of traffic rules, you need to apply to a district or city court at the location of the body and the official who issued this decision with a claim for its cancellation in administrative proceedings and attach the appealed resolution to it without missing a ten-day period. There is a deferral of payment of the fine for the duration of the trial in court.

Would you like to, but don’t know how to appeal the fine for traffic rules?
In order to minimize the possibility of a mistake on your part and achieve a positive result, we recommend that you contact our law firm.
Check out our won cases of traffic fines.
The cost of services to cancel the decision on an administrative offense for violation of traffic rules.


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