How to appeal a traffic ticket

To appeal a fine, you must do it within a certain time, since if you spend a lot of time it will not be accepted. Thus, even if the postman does not give you the fine in hand, the sanction will follow its course. The fine can be received at the time we commit the infraction, because a guard stops us and delivers it to us. It will tell us if we want to sign it; our rubric only means we have received it. If the agent also signs, it is corroborating that they have delivered it to us, not that it is a witness to the infraction. In addition, the report may arrive home days after committing the infraction. If the owner of the vehicle did not drive the day that indicates the fine, he has the legal obligation to communicate the required data . If he fails to comply, he will be sanctioned as the author of a very serious infraction, with a fine of 301 to 1, 500 euros. And the same will happen if the owner does not allow notification of the complaint to the driver that identifies. In this article, we explain how to appeal a traffic ticket.

Steps to follow:

one

If the fine is paid, allegations are waived. So if we do not agree, we must submit a statement of allegations in the next 15 business days . If we keep it in a drawer or do not open the door to the postman, we must know that the fine continues its course and the notification will be published in the Edictal Plan of Traffic Sanctions (TESTRA) and in the Official State Gazette (BOE), which he will assume you know him. If you decide to ignore it, the Treasury will demand payment, with a surcharge of up to 20%.

two

Also, upon receiving the letter of the fine you can make allegations in a period of between 15 and 20 days to start this process and start appealing the fine. To do this, you must plead what you consider appropriate, providing evidence on why you think the fine is invalid. You will also have a month to file an administrative appeal.

3

The brief of allegations will be addressed to the Chief of Traffic of the province in which the procedure has been initiated, and can be presented at any other Headquarters by administrative mail, that is, in a post office, in an open envelope, so that they are recorded on the first page of the letter, the data of your presentation, as well as on the copy of it if you wish, which will serve as a receipt to prove that it has been presented. It can also be done in the official records of the State, Regional or Local Authorities that have signed an agreement to that effect.

4

There are many companies that advise on how to make this writing. To write the sheet, divide it into three parts: Personal data, Report data and Claims.

In the first section you must indicate your name, surnames and ID along with your postal address and telephone number.
In the second, it collects all the data of the complaint: file number, date of the complaint, registration of the vehicle, make and model.
In the allegations the tests that can be proposed are the driver's statement, documentaries, testifying, and expert opinions, which are prepared by technicians or experts.

Also, read carefully the fine, in case there was a failure in the color of your car, in the number of the license plate, in the name of the way you could also claim ... Finally, it points out the city and date on which the deliveries and sign it. Take two copies and try that the one that you are going to stay sealed. Almost all the companies that advise indicate that you demand from the Administration the proofs that certify the infraction and thus, if it is a photo, to be able to claim that it is blurred, it looks bad, etc.

5

Once sent you have to wait for the answer. If the statement is dismissed, an appeal can still be filed before the Minister of the Interior who can delegate his powers to resolve it in the General Directorate of Traffic. For this we have a month.

6

It will be necessary to wait for an estimate, and it would not be necessary to pay, or a rejection of the resource, that the fine and it entails to pay it. At this point, the option is to take legal action through a contentious administrative appeal. If you follow this path, the first thing you must do is pay the fine first and if it is resolved in your favor at the end of the process, it will be returned to you.

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