Appeal against the decision on the administrative offense of the State Traffic Safety Inspectorate: a sample

Appeal of the decision on administrativeThe offense of traffic police in modern Russia is quite common. The right to implement the idea in life is available to every driver who does not agree with the punishment. Only not everyone knows how to properly use their powers. Below, we will talk about all the nuances of the operation. After all, if the rules are not observed, the appeal will be refused. So, you will have to suffer punishment, even if it was made by mistake or illegally. To prevent this from happening, it is worth to find out how to act after the release of the traffic police decree.

When it is possible?

The first thing to remember is thatthe appeal of the decision on an administrative offense of the State Traffic Safety Inspectorate in Russia does not always happen. Under certain circumstances, this possibility will not exist for a person.

As a rule, any violation of an administrative nature can be reconsidered if it did not entail serious bodily harm or death.

For example, you can apply for an appeal:

• with errors committed by the cameras fixing violations on the roads;
• if you need to defend your position regarding the committed act;
• in the absence of registration in the motor licensing and inspection department of cars bought from the hands;
• when the recorded violation was committed not by someone who was fined.

This is not a complete list of situations whenwhich may appeal the court's decision on the administrative offense of the State Traffic Safety Inspectorate. As we have already said, such a right exists for almost any violations on the roads.

Where is the process going

And where to send the relevant application? The answer to this question is not so simple as it seems. After all, various violations are considered by different bodies. This is quite normal phenomenon.

Usually, an appeal against a decision on an administrative offense of the State Traffic Safety Inspectorate is made through the traffic police body. It is necessary to send a request to the established form with proof of their innocence.

Sometimes you need to go to court. For example, if the traffic police did not react to the application, or in the case of a fundamental disagreement with the punishment. Serious violations of traffic rules (such as driving in a state of intoxication, speeding, etc.) are considered only in the courts. Ideally, a request for review of the case is filed with the district court. But there are exceptions.

In case of appeal of a court decision onadministrative offense of the State Traffic Safety Inspectorate, a citizen must send a request to a higher judicial authority. This practice does exist. And the traffic police advise to actively implement their rights.

Timing

But only have to remember that a similarthe opportunity is not always there. The thing is that the appeal of fines and GAI decisions is made only at a certain time. His expiration leads to the execution of one or another punishment of the offender.

To appeal the decision on administrativethe traffic police or a driver has only 10 days. The countdown starts from the moment of delivery of the relevant paper. Therefore, we will have to hurry with the realization of our legal rights.

Recovery of deadlines

According to the current legislation, allcitizens have the right to restore the time for appeal against the decision on the administrative violation of the State Traffic Safety Inspectorate. This practice is not very common in Russia.

10 allocated to defend their position of the dayat the admission are restored only in a judicial order. Usually for this it is necessary to have a good reason for skipping. If the validity of the situation is not proved, you can completely forget about appealing a fine or ruling.

About the contents of the document

Now let's try to understand what the pattern looks likeapplication-appeal of the decision on an administrative offense of the State Traffic Safety Inspectorate. It is not so difficult to compose this paper. Nevertheless, some rules must be observed.

Let's start with the most important part - content. To it it is necessary to treat extremely responsibly. The application shall contain the following information:

• the body that will consider the request;
• the name of the paper;
• a description of the situation;
• substantiation of their position;
• request for review of the case;
• list of documents attached to the application;
• signature and date.

Nothing specific. It would seem that we are talking about the most common lawsuit in court. But in reality we have to try. Write the main part is required briefly, but with a detailed description of all the facts that affect the course of events. It is because of this that problems can arise with the appeal.

Structuring and form

But that's not all! The form for appealing against a decision on an administrative offense of the State Traffic Safety Inspectorate may be difficult to fill out. And to arrange it according to all established rules is quite easy.

This is due to the fact that the request has a certainstructure. It completely coincides with the components of any other statement. So, for example, the document starts with the header located in the upper right corner of the sheet. Next comes the name with the clarification, the main part with the story and request.

After that, in the sample of appealing the rulingon the administrative offense of the State Traffic Safety Inspectorate, there is a mandatory list of attached documents. He is numbered. It is important to specify the number of copies of a paper. This item is called an application.

At the end, the citizen sets the date for the request, andalso his signature with a transcript. Without the latter, the document will not have legal force. It follows that the application simply will not be accepted for consideration.

On the arguments

As you might guess, one must justify his position somehow. Which arguments are most often used in practice? There are not so many of them, but they are worth taking into account.

Quite often, when appealing against the decision on the administrative violation of the traffic police (an example of the request is presented below), the following arguments are used:

• the decision is not justified;
• the violation is not proved;
• the conclusions in the resolution do not correspond to reality;
• the legislation of the Russian Federation was misconstrued;
• it is necessary to take into account the applicant's evidence regarding the issue under study.

This is not a complete list of reasons. Increasingly, when using special cameras for fixing violations, an appeal against a decision on an administrative offense of the State Traffic Safety Inspectorate takes place. You can refer to the fact that cameras can make mistakes. And this really happens.

For traffic police

Now we should consider what situations it is better to send to the traffic police, and which ones - to the court. Let's start with the first hand.

An appeal against a decision on an administrative offense in the State Traffic Safety Inspectorate often occurs in the following situations:

• the presence of errors in the resolution;
• the camera recorded other people's violations;
• when forced to travel to the red light according to the instructions of the regulator;
• if the driver was stopped by traffic police officers where prohibited.

As a rule, the GAI considers everything that is clear to a person, but not to the camera. This includes the incorrect interpretation of road signs. For more serious violations it is better to go to court.

On Courts and Appeals

When is this possible? The procedure for appealing the decision on the administrative violation of the State Traffic Safety Inspectorate through the court is usually nothing special. Except for the reasons for contacting the said authority.

You can send complaints here if:

• The traffic police insists on the position of "guilty", although in order to make a decision it is necessary to consider a combination of facts capable of proving innocence;
• at violations of administrative proceedings;
• if traffic police officers violate current legislation.

In fact, everything is much easier than it seems. Especially if you follow a certain algorithm of action.

Appeal guidelines

What is it about? Consider the step-by-step operation mentioned. A sample of the appeal of the decision on an administrative offense of the State Traffic Safety Inspectorate is presented below. What to do after writing this paper?

In general, the operation looks like this:

1. Get a fine on your hands or a ruling.
2. Within 10 days, apply to the traffic police or to the court with a statement of the established form.
3. Prepare documents that can prove the rightness of a citizen. They must be attached to the request.
4. Wait for a response from the reviewing body and, if necessary, take part in the meeting.

It would seem nothing difficult. And there is. The main problem is the collection of evidence of the innocence of a citizen.

Sample

Below you can see a sample application-appealDecisions on the administrative offense of the State Traffic Safety Inspectorate. This is just a template that can visually demonstrate what the document that interests us looks like.

In practice, to prove my case is validcan. Especially if a person did not actually break the law. The right to appeal fines and orders must be realized. Such advice is given by the State Traffic Safety Inspectorate of the Russian Federation. In particular, due to the fact that cameras fixing violations are often mistaken. In such circumstances it is enough to pay a visit to the traffic police and revise the decision.

As evidence can be submittedphoto, video and audio files, references, extracts and even testimonies. It all depends on the circumstances. The main thing is not to expose the attached materials to changes.