Sample Petition For Objection To Traffic Penalty
OBJECTION TO TRAFFIC TICKET – SAMPLE PETITION
One of the most common problems today is unjustly imposed traffic fines. The issuance of a traffic fine can be in 2 different ways;
Penalty issued by the police
Ticket issued in absentia, colloquially written on the licence plate
Traffic fines are the sanction power that law enforcement officers apply on behalf of the state in order to make traffic safer and more comfortable while supervising the safety of highways. It takes place in the form of traffic police officers stopping at the application points at the determined points of the highways and following them from mobese and radar devices. As a result of these inspections, people who violate the rules are fined. Especially with the increase in electronic inspections, traffic inspections have become much stricter. In this case, objection to traffic fines can be made directly to the court or via e-government.
HOW TO LEARN THE FINE?
People can learn the fine imposed on them with the notification made to them. Also over the internet; The fines imposed on individuals can be learnt by using the websites of EGM, PTT, E-state or Revenue Administration.
WHEN TO APPEAL A TRAFFIC FINE?
Traffic fine appeal status may also differ according to the type of fine imposed. If the traffic fine is issued in absentia, that is, if it is issued to the licence plate, the traffic fine appeal period starts from the notification of the fine to the person concerned. In cases where the traffic police issue the fine against the face of the person concerned, which is another form of fine, the traffic fine appeal period starts to run on the same day.
The objection to a traffic fine is a matter regulated by law. Pursuant to Article 27 of the Law on Misdemeanours, the person who has been issued a traffic fine has the right to object to the existing fine within 15 days. If the person does not object within this specified period, the existing fine will be finalised.
The address where the fine to be notified will be sent is the address where the vehicle licence is registered. If there is no relevant person at the address, a paper notifying the notification document is hung on the door and the document is delivered to the mukhtar. The 15-day period to object to the fine starts from the moment it is delivered to the mukhtar. In both cases where the fine is issued, if the objection is not made within the time limit, the fine will be finalised.
HOW TO APPEAL A TRAFFIC FINE?
When objecting to a traffic fine, some documents must be present both in the objection to be made through the court and in the objection to be made via e-government. No fee is charged to the applicant during the appeal. However, if the court finds the objection unfair and rejects it, then the court may order the court costs to be taken from the applicant. Therefore, it is important to make an objection through a lawyer.
The objection process will be initiated by submitting the Petition for Objection to the Traffic Penalty written for objection to the court before the 15-day period or by making an objection via e-government.
WHAT ARE THE DOCUMENTS REQUIRED FOR OBJECTION?
In the Regulation Amending the Regulation on the Procedures and Principles to be Applied in the Collection and Follow-up of Administrative Fines Imposed Pursuant to the Provisions of the Road Traffic Law and the Receipts, Minutes and Notebooks to be Used, the application procedure is explained as follows:
“Application procedure
ARTICLE 16 – (1) An appeal can be filed against the Traffic Administrative Fine Decision Report to the criminal court of peace within 15 (fifteen) days at the latest as of the date of notification of the decision. If the application is not made within this period, the administrative fine becomes final”.
Citizens have the right to appeal within 15 days from the date of issue for fines read to the face, and within 10 working days from the date of notification to the person for fines written on the licence plate. The documents required to appeal a traffic administrative fine are determined by law:
The petition written to the Criminal Judgeship of Peace and the following documents must be attached;
-Photocopy of the Traffic Administrative Fine Decision Minutes Notification,
-Photocopy of the Traffic Administrative Fine Decision Record,
-P.hotocopy of the licence certificate of the vehicle for which a traffic ticket was issued,
-Photocopy of the car owner’s driving licence and identity card,
-If the fine has been paid, bank receipt of the payment
After the application, the court decides in the light of the information contained in the petition without a hearing. However, in some extraordinary cases, the court may summon the parties for a hearing on a specific day and time. During the hearing, the lawyers of the parties may also be present in the courtroom if they wish. The positive or negative result of the decision is sent to the persons by notification.
EXAMPLE OF TRAFFIC FINE APPEAL PETITION
…….. CRIMINAL COURT OF PEACE
(Here, the name of the criminal court of peace where the traffic violation is committed will be written)
OBJECTOR :
TR Identity Number and Clear Identity Information name, surname, father’s name, etc. and address information should be written.
DATE OF ISSUANCE OF THE REPORT SUBJECT TO OBJECTION:../../20…
DATE OF NOTIFICATION OF THE MINUTES SUBJECT TO OBJECTION:../…/20…
SUBJECT OF OBJECTION :
About the cancellation of the fine written in the traffic fine report of the Crime Scene (Ex: Artvin) Traffic Supervision Branch Directorate, …..Amirliği’s …. date ….. serial, ….series no.
EXPLANATIONS :
1- My private car registered with 08 XX 111 registration plate; In accordance with the provision of the …. article of the Highways Traffic Law …., the attached traffic fine report dated ../../20…dated ../../20…dated in absentia on the grounds that the offence of “….” was committed, with a total ….. TL. traffic fine report was issued and notified to me on ../../20.
2- The traffic fine report with the above information was issued in my absence on ../../20… according to the registration plate of my vehicle and was notified to me after months, that is, on ../../20….
Article 10 of the regulation on “Principles and procedures to be applied in the collection and follow-up of traffic fines and the documents to be used” titled “Procedures to be made for the minutes issued according to the registration plate”;
“In accordance with the provisions of Article 116 of the highway traffic law,
according to the registration plate within the limits of authorisation by the officers
minutes issued;
a) According to the archive records from the organisation where the vehicle is registered, the owner or operator of the vehicle is determined (if more than one, the first in the first row) and the blank parts of the report are filled in and the relevant person is notified in accordance with the provisions of the notification law numbered 7201 and a copy of the report is sent to the relevant property chest for follow-up and collection. The notification process is started within 10 (ten) working days. In the notification made, it is stated that they can appeal to the competent court within 15 (fifteen) days from the date of notification for the fines imposed in this way. The objection stops the payment and the period related to the payment. However, the decisions made on appeal are final. This provision is in force.
In accordance with the provision of the aforementioned article, the process of notifying the traffic penalty report to the addressee, that is, to me, must be started within 10 days.
However, as can be seen in the attached report, there is a long time between the date of the alleged violation and the date of notification. It is obvious that the notification was not made according to the relevant regulation provision. The report was issued on ../../20… and according to the clear provision of the regulation, the notification procedures should have been carried out until ../../20… at the latest (10th day after the date of the report), while the notification of the report to me months later constitutes a violation of the procedure and the law.
3- On the other hand, the offence of “…………..” stated in the penalty report in question has not been committed by me. As the date of the report is months ago, my right to defence arising from the Constitution has also been restricted. The notification, which was made in violation of the said regulation, was made in a period of time that would eliminate my justification for my objection.
For this reason, taking into account Article 10/a.b of the said regulation, it is necessary to decide to cancel the fine written in the traffic report subject to the objection, which was served in violation of the law. Regarding this issue, Istanbul 3rd Criminal Court of Peace
22.05.2006 dated, 2006/129 d.iş, 2006/129k. The decision given from the file no. 2006/129 d.work, 2006/129k and which I have submitted in the annex is in line with my objections.
CONCLUSION AND REQUEST:
For the reasons I have tried to supply and explain above, I respectfully request and demand that my objection be accepted and the fine written in the traffic fine report issued in violation of the law be cancelled. ../../2015
OBJECTOR
Name and Surname
Signature
ANNEXES :
1- The subject of the objection traffic supervision branch directorate, …… of the chief of the …. date
Photocopy of the traffic ticket report with ….series,… sequence number.
2- Photocopy of two licences of my vehicle with ….. number plate.
3- Regarding this issue, the 3rd Criminal Court of Peace
22.05.2006 dated 22.05.2006, 2006/129 d.iş, 2006/129k. Decision given from the file no.
4- Copy of identity card.
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