How to appeal a traffic police fine from the camera? Sample Complaint
For Russian drivers, “letters of happiness” sent out for violations recorded on cameras have already become familiar. According to official traffic police statistics, thanks to the widespread introduction of photo and video recording cameras, it was possible to significantly increase the number of fines levied on drivers.
True, the situation on the roads has not improved at all, the number of accidents continues to grow. It's just that drivers have learned to detect cameras using various means - for example, radar detectors, which we previously wrote about on Vodi.su - accordingly, in the field of view of cameras, car owners try to comply with speed limits and not violate traffic rules.
What violations are recorded by traffic police cameras?
First of all, it should be noted that there are two main types of cameras: automatic and used by traffic police officers when registering an accident and imposing fines. "Letters of happiness" are sent out on the basis of data received by automatic cameras. There are three types of them:
- stationary;
- portable;
- mobile.
Stationary ones are installed directly above the road and fix various violations, which we will describe below. Portable and mobile are used by traffic police inspectors to detect improperly parked cars or to determine speed limits.
There is no officially approved list of violations that cameras can record, but one thing is clear, they cannot, for example, determine whether a driver is intoxicated or whether he has a driver's license with him.
They can fix the following violations:
- over speed;
- travel on red;
- leaving the stop line;
- driving into an oncoming lane or into a lane for route transport, ignoring markings and road signs;
- incorrect crossing of intersections, turning from the second lane, failure to provide an advantage, including to pedestrians;
- violation of regimes for the movement of heavy vehicles;
- turning off daytime running lights, etc.
Cameras not only record violations, but also the number of the car. But, like any other technique, they can be wrong, which happens quite often. Therefore, in order not to pay a fine for a violation that you did not commit, it must be appealed in a timely manner.
Appealing fines from cameras
If you were pleased with a letter from the traffic police, you need to do the following:
- make sure that this is really a notice from the traffic police, and not a hoax or scammers;
- check if you have a fine on the official website of the State traffic inspectorate;
- call the traffic police department that issued the fine.
If you really violated traffic rules, it is better to pay the fine as quickly as possible, since in this case you will receive a 50% discount if you pay within 20 days after receiving the decision by mail.
If you don’t remember anything like that, then it’s worth fighting for the truth. Read the text of the decision carefully and look at the car in the photo. Perhaps this is not your car, or the text contains absurd type errors. True, lawyers insist that it is necessary to appeal only if there is one hundred percent evidence of innocence. So, many navigators and video recorders installed in cars can completely record the route and driving speed in its various sections. This data can serve as a good proof of innocence.
You can also appeal against the traffic police fine from the cameras if it was not you who was driving, but a person who was allowed to drive your vehicle. In principle, this issue can be resolved without unnecessary bureaucracy, however, any violation of traffic rules is postponed in your personal history, and you have to pay even greater fines for repeated offenses.
The complaint must be written within 10 days after you receive the "letter of happiness". The complaint consists of several main parts:
- “hat” - details of the traffic police department, district court, name of the head, your full name;
- title - "Complaint against the decision on the case of an administrative offense";
- description of the sent decision - “I received a decision on the violation under Article 12.12 of the Code of Administrative Offenses, part 1 Driving through a red light ... or speeding, etc.”;
- why you do not agree with this decision;
- links to articles of the Code of Administrative Offenses or traffic rules;
- application in the form of video files, a copy of the decision and other materials confirming your innocence.
A complaint form can be downloaded from our website here.
For example, let's take a case from our own practice. At one of the busy intersections, a situation arose when traffic control, with a working traffic light, was carried out by a traffic controller. According to the traffic rules, the requirements of the traffic controller, even if they contradict traffic signals, must be met. The camera was positioned in such a way that only a car passing through a red light got into the frame, but the traffic controller was not visible. Naturally, if there are testimonies of witnesses or videos recorded on the registrar, you can easily prove your innocence if you timely send a complaint to the traffic police or directly to the court in which the case is being considered.
If your arguments of your own rightness are substantiated and confirmed evidence, the court will consider the case in your favor and cancel the decision to bring to administrative responsibility. Do not forget to check on the official website of the traffic police whether the fine imposed on you has been cancelled. We remind you once again: you can appeal the fine from the camera only if you have one hundred percent evidence of your own innocence.
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