SAMPLE PETITION-
ANKARA ON DUTY ( ) CRIMINAL COURT OF PEACE
CANCELLATION OF TRAFFIC ADMINISTRATIVE FINE
OBJECTOR : A….. B….. (T.C.:………………)
ADDRESS
REPRESENTATIVE :
ADDRESS
SUBJECT OF OBJECTION
MINUTES :T.C. Ankara Motorway Bureau Office’s …/…./2021 Date, … Series, ………. Sequence Numbered, Traffic Administrative Fine Decision Record with a Total Amount of … TL
DRAFTING OF MINUTES
DATE : …/…/…/…. time … : …
NOTIFICATION OF RECORD
DATE :../../….
SUBJECT OF OBJECTION : T.C. Ankara Motorway Bureau Office’s …/…./2021 Date, … Series, ………. It is our request for the cancellation of the fine written in the Traffic Administrative Fine Decision Record with Sequence Number.
EXPLANATIONS
Client A….. B…..’s 06 …. … licence plate vehicle belonging to client A…. B…. With the allegation of “using mobile phone while travelling” based on Article 73 of the KTK on the date ……. Registry Numbered General Service Police B….. C….. has issued a Penalty Report (Annex-1) with the serial and sequence number written above. This report ../../../…. It was served to the client’s address on …/./.
Since the report subject to the objection, which was issued in the absence of the client, was issued unfairly and irregularly, it has become necessary to submit our request for the cancellation of the report and the elimination of the penalty to the discretion of your Court.
First of all, it should be noted that the aforementioned report does not have legal elements. According to the Highway Traffic Law, the type of violation, date and place of violation must be shown completely and accurately in the penalty report to be issued. However, it is not clearly stated in the minutes where the alleged violation was committed; only the phrase “Batıkent …. Street entrance” was used as the location.
.
The alleged violation, which is not based on any concrete evidence, was not committed by the client. The client was not even present at Batıkent … Street, where the violation was alleged to have occurred on that date. It is clear that the report subject to the objection was inadvertently kept in the absence of the client.
In addition, the traffic fine report does not contain any video footage of the client using his mobile phone while driving in the vehicle. It is obligatory to serve the video recordings with the penalty report, and the said report is also against the procedure in this respect. It is clear that the report subject to the objection was not issued as shown in the law. The penalty imposed is unfounded and irregular. There is no document showing that the client picked up and used his mobile phone while driving. The said report is unfounded.
As stated above, the client did not violate the prohibition on using mobile phones while driving. The report issued without any evidence is unfounded, unfair and irregular. The client did not violate any rule that would constitute a violation of Article 73 of the TCC. Accordingly, we apply to your Court for the cancellation of the unjustly issued penalty report and the cancellation of the penalty.
LEGAL GROUNDS : TCC, CPC, Law on Attorneys and other relevant legislation
EVIDENCE : Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau Office’s ../../…. Date and … Serial No., …….. Order Numbered Traffic Administrative Fine Decision Record (issued by Police Officer B… C…. with Registration Number ………), Photocopy of the licence, 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 ………) of the Traffic Administrative Fine Decision Record,
3-We request and demand that the penalty determined by the minutes be cancelled. 22/12/2021
Objector
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