If the traffic police inspector accuses you of an offense that you did not commit, then you have every right to challenge his actions, and in some cases you will be right. If you can prove your case, then in addition to moral satisfaction, you will not have to pay a fine.
Instructions
Step 1
Remember that the relationship in terms of illegal bringing a citizen to administrative responsibility by the traffic police, unjustified admission of guilt in a road traffic accident, as well as challenging the actions of a traffic police inspector, are regulated by the "Federal Law on the Procedure for Considering Appeals of Citizens of the Russian Federation" and "Civil Procedure Code of the Russian Federation" …
Step 2
Remember that every citizen has the right to challenge the decision of a traffic police officer in court. To do this, you must require the traffic police inspector to draw up a protocol at the scene of the violation, and write in the “Explanation” column “I did not violate the traffic rules. I disagree with the protocol. The help of a lawyer is required. " Then the traffic police officer does not have the right to write you a fine on the spot and the case will be considered in court. It should also be remembered that in the event that a place that is inconvenient for you is indicated in the column "Place and time of consideration of an administrative offense", then do not put your signature there, but sign in the column "I ask you to send the protocol for consideration at the place of registration of the vehicle" … If there are witnesses, be sure to enter their details in the protocol. If the inspector denies you this, then write all the data about the witnesses in the explanation. Do not put your signature where something is not clear to you. Do everything deliberately. Be sure to take a copy of the protocol from the inspector!
Step 3
You have the right to dispute the fine both on your own and with the help of a lawyer. You can appeal the fine within 10 calendar days after receiving a copy of the resolution. If you do not, then the fine will have to be paid within 30 days.
Step 4
To challenge a fine, send a complaint to the higher authorities in relation to the persons who issued the order, to the authorities or to the district court at the place of consideration of the case. Remember that the complaint is submitted to the authority by registered mail with acknowledgment of receipt or in person. You can make a free-form complaint by hand, but be sure to describe the situation in it and explain the reasons for your disagreement with the decision of the traffic police officer. Support your arguments with relevant articles from the normative documents.
Step 5
Remember to use a formal style when drafting your complaint, avoiding various emotional epithets. Keep your complaint short and concise. Attach documents confirming your innocence to it. The term for consideration of the complaint is 10 days.
