Petition for Objection to Traffic Ban Penalty
ANKARA ADMINISTRATIVE COURT ON DUTY
TRAFFIC BAN DECISION
OBJECTOR : A…. B…. (T.C.:…………….)
ADDRESS
REPRESENTATIVE :
ADDRESS
SUBJECT OF OBJECTION NOTICE :
Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau Office’s ../../…. Date and … Serial No., …….. Traffic Administrative Fine Decision Record (issued by Police Officer B…. C…. with registration number ………) (Annex-1) and Annex-… Temporary Driver’s Licence Revocation Record (Annex-2) numbered …..
DATE OF NOTIFICATION :…/../….
SUBJECT OF REQUEST : … Serial No., …….. organised as a result of mistake Serial No., numbered Traffic Administrative Fine Decision Record and Annex-… ….. numbered Temporary Driver’s Licence Revocation Record and the request for cancellation of the fine.
EXPLANATIONS
Plaintiff client A…. B…., ../../…. On the date …………………, while he was travelling on ………………… with his vehicle ….. (registration details are attached to this petition. Annex 3), he was measured with a breathalyser during a traffic control. The client assisted the officers in performing their duties and carried out the measurement, but although he had not consumed alcohol, his alcohol level was found to be … promil.
The client stated to the police officers that he had not consumed alcohol but had only consumed an energy drink and the police officers stated that he should have a blood test. Thus, the subject of the objection … Series, …….. and a Temporary Driver’s Licence Revocation Record numbered ….. on the grounds that the client had violated Article 48/5 of the TCC; the client’s driving licence …. was confiscated for a period of time.
Subsequently, the client went to the nearest hospital and had a blood test and as can be seen from the results of this test (Annex 4), which we have submitted to the file, no alcohol findings were found in the client’s blood. The drink that the client had consumed beforehand misled the breathalyser and therefore the police officers, which led to a big mistake and led to the proceedings against the client.
For all these reasons, the client did not commit any infringement of the rules that would require the fine stated in the report and that would lead to the temporary revocation of his driving licence due to the violation of Article 48/5 of the KTK. The traffic administrative fine report subject to the objection and the Temporary Driver’s Licence Revocation Report were issued with a great mistake. The client actively drives a car in his professional and private life and not having a driving licence has a major impact on his life. Since the failure to rectify this mistake has a negative impact on the client’s life, we demand that the penalties in question be cancelled and the client’s driving licence be reinstated immediately.
LEGAL GROUNDS : TCC, CPC, Law on Lawyers and other relevant legislation
EVIDENCE :
Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau Office’s ../../…. Date and … Serial No., …….. Traffic Administrative Fine Decision Record (issued by Police Officer B…. C…. with registration number ………), Annex-… Temporary Driver’s Licence Revocation Record numbered ….., Photocopy of the licence, Blood test results, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Accept our justified OBJECTIONS against the action taken against the client,
2-Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau ../../…. Date and … Serial No., …….. (issued by Police Officer B…. C…. with registration number ………) and Annex-… ….. numbered Temporary Driver’s Licence Revocation Record is annulled
3-We respectfully request and demand that the penalty determined by the report be removed and that the client’s driving licence be restored immediately. 16/12/2021
Objection to the Minutes
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