How to challenge a traffic police fine from a camera? Where to apply for his challenge?

In all Russian cities, cameras for video and photo-fixation were installed to monitor and prevent offenses . Systems around the clock monitor the situation on the roads. If the robotic technique captures the wrong driver's maneuver, the latter receives a message with a photograph and a receipt for payment of the fine. In the people it has received the name "the letter of happiness". As a rule, drivers prefer to pay receipts and forget about them. But there are cases when they consider an offense fixed by the camera, wrongful. The question arises: how to challenge the traffic police penalty from the camera? This is discussed in the article.

In which instances complain?

If you disagree with the decision, the driver has the right to appeal him within ten days from the time he received the document in his hand in the form of a registered letter. The date from which the period is calculated is the one when the recipient has signed.

Letters on fines come with a notice of receipt. Also on the envelope put a stamp departmental instance.

How to challenge a traffic police fine from a camera? What can be done in this case? First, it is to turn to the video and photo fixing center. The complaint is filed on the official website of the traffic police (there is a special section "receiving complaints") or write an appropriate application and submit it personally.

Timing

If the ten-day period that is given to file a complaint has expired, but the car owner was not able to use it, they are applying for the restoration of the term. In doing so, attach documents that support this fact (for example, evidence of a business trip, vacation or illness).

Also indicate the instance where to appeal the traffic police fine from the camera you are going to: traffic police or a court. Here, note the date and number of the decision, arguments that prove the innocence of the driver. So, if there were witnesses at the moment of fixing a photo or a video camera of the car, they are necessarily mentioned.

Court review

The complaint is processed within ten days. If it is submitted to the traffic police, then the decision on it is not final. After this instance, they go to court.
Usually, the complaint in the traffic police is formal. In practice, its decision remains always in force. So do not get upset when you get the appropriate document. How does the GIBDD fine from the camera go on?

The district court is contacted at the place where the offense was committed. He examines the complaint within two months. The arguments of other instances are not taken into account.
If there were violations on the part of the traffic police, this is always indicated and attached to the case file. These are, for example, violations of the notice period.

If the traffic police told you that by signing the notice, you agreed to a fine, it is not. Signature means only the fact that you have received the document and become familiar with the content. But if it contains such graphs as "I agree with the offense" or notes of the driver, then there should be appropriate notes. Therefore, before signing the papers, they should be carefully studied. If on your side there was no violation of the law, there is every chance of achieving the truth.

How to prove innocence?

Consider what you pay attention to, if you took up the challenge of fines from the traffic police from the cameras. In the "letters of happiness" are reflected:

• Shooting mode;
• time;
• speed;
• The owner of the car.

First, they study whether the picture was taken in mobile or stationary mode. Make sure that the snapshot corresponds to reality (for example, that the machine is moving rather than standing still when taking a mobile survey). When detecting inaccuracies, an official inspection of inspectors is appointed.

Then look at the time and evaluate the situation at the time of the picture. For example, if there are several shots with different speeds and a minimum time interval, then the stop light is reflected on the car. And if it is not on the frame, then there is reason to think about the conscientiousness of traffic police officers.

Of course, it is better if there is a registrar, which fixes everything. This material is attached to the case in court. Prior to it they report this fact directly to the inspector, showing that you will defend innocence.

It also happens that by the time the penalty is received, the car has already been sold. Therefore, do not discard documents about the purchase and sale and the act of acceptance - the transfer of the car. If it is proved that at the time of the offense, the car was owned by another person, then the responsibility is lifted.

How to file a complaint?

Consider step by step how to challenge the traffic police fine from the camera.

First, we determine the authority to which the complaint is filed. If the decision is made by the traffic police, they turn to their boss, and if the court, to a higher authority.
The document reflects the following information:

• An official or a court where the case is being examined;
• Information of the person filing the complaint;
• Data on the body that passed the resolution;
• Assigned punishment;
• Disputed circumstances;
• The legal norms to which you refer.

Also attach the documents proving innocence, and sign a complaint.

The application is the testimony of witnesses, photos taken, data from the navigator and DVR, a copy of the contested decision.

Having prepared the document, it is passed directly to the head of the traffic police or to the court. The complaint is filed in person or through a legal representative. In the latter case, he must have a power of attorney, notarized. In addition, the complaint can be sent by registered mail. In this case, the date of submission is the one indicated on the post stamp.

These are the necessary actions, how to challenge the traffic police fine from the camera. After that, events develop according to one of the following options:

• The complaint is not satisfied, and therefore the resolution will not be changed;
• The ruling varies, and at the same time the size of the fine;
• The ruling is canceled, and the case is closed;
• The ruling is canceled and the case is reviewed again.

Failure to pay fine: consequences

Of course, the prospect of not paying a fine traffic police from the camera seems tempting. But this becomes possible only if you have taken the path of defending your legitimate rights, and they were indeed violated. If you want to postpone receipts and forget about them, then this decision is hardly correct.

The term for payment of a fine is 60 days. And the limitation period for fines for violation of traffic rules is 2 years. The decision comes into force in 10 days. Therefore, if you "remembered" the fine after two years and 10 days, then you do not need to pay it, otherwise you will be punished. Cases with overdue fines are considered in court. From there, the offender comes with a summons. If he is not at the meeting, it is postponed, but next time is considered without him, if he does not reappear. The penalty can be doubled.

After the court makes the decision, the work rests with the bailiffs, who charge fines. They have the right, for example, to arrest bank accounts or recover the necessary amount from wages. If the payment claims are ignored by the violator, compulsory work or administrative arrest for half a month is awaited. But this development of events is the exception to the rules.

Payment 50%

The innovation of 2016 was the opportunity to pay fines half as much as it was written out in the resolution. The measure is aimed at increasing the activity of drivers to pay them on time. This provision does not apply to all offenses, but only to those that are not serious. As a rule, they include those that are recorded in the "letters of happiness."

Some drivers are concerned with the question: how quickly traffic police fines come from the cameras and does it affect the terms provided by law? Dates begin to be counted only from the moment when the offender receives a registered letter. But also he can go to the official website of the traffic police and check there the presence of fines.

Legal framework

Letters, which are received by drivers who violated traffic rules and fixed by CCTV cameras, are regulated by the Code of Administrative Offenses, namely the 12th chapter.

According to the code, the offender is obligated to pay a fine, which is imposed as a result of fixation by the surveillance camera.

At the same time, if at the time of fixing the car is stolen, sold or in use by another person, the car owner is released from liability. However, he must prove this fact.

The notification is received in the proper form. Otherwise, even if the person is guilty of an offense, he has the opportunity to challenge the decision through the court.

Conclusion

Thus, protection from fines from the traffic police cameras is carried out. What to do when you receive a "letter of happiness", it's up to you. If you understand that you have committed an offense, the best solution is not to find ways to protest the traffic police's fine from the camera, but to pay fines on time. But when you are clean before the law, it is more correct to assert your rights. The law then is on your side.