How to challenge the penalty of GAI

If the inspector accuses you of an offence you did not commit, you have the full right to challenge his actions, and in some cases you would be right. If you manage to prove his innocence, in addition to the moral satisfaction and more and not have to pay a fine.

Instruction

Remember that relationship in terms of illegal attraction of citizens to administrative responsibility by the traffic police authorities, unjustified guilty plea in a traffic accident, as well as challenging action of inspectors, is regulated by "Federal law on the procedure of consideration of citizens of the Russian Federation and the Civil procedure code of the Russian Federation".

Remember that every citizen has the right to challenge the decision of the traffic police in court. To do this, you should require the inspector of traffic police of the Protocol on the location of the violation, and in the column "Explanation" write "did not violate traffic rules. The Protocol does not agree. Requires help of a lawyer. Then the employee of GAI has the right to write you a ticket and the case will be heard in court. It should also be remembered that in the case when in the column "Place and time of consideration of administrative offences" it is specified the place that You are uncomfortable, then do not put your signature there and sign in the box "Protocol please send for consideration at the place of registration of the vehicle." If there are witnesses, be sure to enter their information in the Protocol. If the inspector refuses to this, the information about the witnesses write in the explanation. Do not put your signature where you something is not clear. Do everything deliberately. Be sure to take the inspector a copy of the Protocol!

You have the right to challenge the penalty, both independently and with the assistance of a lawyer. To appeal the fine within 10 calendar days after receipt of the copy of the order. If you do not, the penalty will have to paid within 30 days.

To challenge the fine, send a complaint upstream in relation to the persons who rendered the decision, the courts or the district court at the place of the hearing. Remember that a complaint is submitted to the authority by registered mail with return receipt requested or personally. You can make a complaint in a free form by hand, but it must describe the situation and explain the reasons for your disagreement with the decision of a traffic policeman. Back up their arguments relevant articles from the regulations.

Remember that when making a complaint it is necessary to use a formal style, avoiding various emotional adjectives. The complaint must be brief and concise. Attach documents which confirm your innocence. The term of consideration of the complaint 10 days.

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