A sample complaint about the traffic police's decree. Complaint to the prosecutor's office: sample

Today, your attention will be presented to the sample of a complaint against the traffic police decree. And in general, it is necessary to understand how the appeal of the decision of the specified service takes place. Drivers who are aware of their rights are often able to prove innocence in a given situation. The procedure for appealing against the GAI resolution is a step that requires some preparation. Not everyone knows the nuances and features of this procedure. What is useful to know the driver? At what point do you need to pay attention first? How in general to appeal the decision and whether it is necessary to agree to such step? Perhaps, in principle, there is no chance for citizens to win? To understand all this is further. In fact, not everything is as difficult as it seems. The main thing is to know the principles and rules regarding the issue under study.

Is there a chance for victory

To begin with, many want to find out whether there is any chance at all that it will be possible to appeal the decision of the State Traffic Safety Inspectorate (a sample application will be submitted later)? How often do citizens benefit from these cases?

As practice shows, there is always a chance. If the citizen did not in fact violate the rules of the road, then the guards of order will be on the side of the plaintiff. In the traffic police are not too fond of understanding the written fines. Therefore, often drivers have to apply for appealing decisions.

The chance of winning takes place. The main thing is that the citizen really was innocent. Otherwise, it will be necessary to execute the decree issued by the traffic police in full measure. Therefore, the driver must first analyze the situation, then prepare for the process, only after that write complaints.

Where to go

What organs can be treated? An important issue that causes controversy among drivers. You can file a complaint against the GIBDD decision in several places. But you should not hesitate with the choice.

Where exactly is it allowed to apply? Among all the bodies in which drivers have the right to assert their rights, we can distinguish:

• The heads of the regional traffic police;
• The prosecutor's office;
• court.

The most effective way to solve the problem is the judicial appeal. At the same time drivers are urged to first solve the issue peacefully. At least make it so that the complaint to the head of the traffic police on the order was sent. Only after refusal to consider the case or in the ineffectiveness of treatment is recommended to pay visits to the prosecutor, as well as to the courts.

Which judicial bodies should be contacted? Administrative violations, as a rule, undergo an appeal procedure in the world courts. You need to contact the organization located at the location of the traffic police department, with which there were disagreements.

Time for Appeal

The next point to look out for is the deadline for submitting the application. In Russia, you can file a complaint against the traffic police's decision only at a certain time. If you do not meet the deadlines, the right to review the claim is lost.

So how long does it take for citizens to complain about an illegal fine for an administrative offense? From the moment the decision is received, it should not take more than 10 days. For the specified period the driver can appeal the decision of the State Traffic Safety Inspectorate (the sample is presented below).

In this case, one should take into account one more nuance - the time from which the countdown of 10 days begins. It is carried out after the driver has received the corresponding decision or a copy thereof. In practice, this document will be issued no later than 3 days after the issuance of a decision.

In any case, the complaint against the decision of the Inspector of the State Traffic Safety Inspectorate must be written, formalized and filed with one or another authority within 10 days of receipt. While a person personally (this is important) was not handed a paper, you can not start a countdown.

Forms of complaint handling

Also, the forms of appeals deserve special attention. In the modern world, you can turn to various organs in different ways. The complaint to the prosecutor's office (a sample of the document will be presented later), as well as to any other organization, must be submitted in writing without fail. This rule applies to all complaints and suits that need to be considered. The oral form has no place to be.

You can send your decision by mail or contact one or another authority personally. The second option is more successful, it will save you from delays. After all, if the application is not received on time, the driver will not be able to defend his rights in court or the prosecutor. Instead, they will have to pay a fine or bear any other punishment imposed by the SAI.

Also recently, you can write a complaint about the traffic police's decision in electronic form. This option is also in demand. Such letter is sent to the e-mail, after which the citizen will have to respond. It is recommended that you immediately attach copies of all the documents you need to file a complaint. Suitable even photos. Nevertheless, many people strongly recommend that you personally engage with the task. In extreme cases - through a trustee. Only in this way can you be sure that the statement of claim will be delivered on time to the relevant authorities.

Structure of the appeal

Any sample of a complaint against a traffic police decree can be divided into several parts. What is the structure of the treatment that a citizen must provide? Knowing the answer to this question, you can independently draw up an appeal to these or other authorities without special problems.

At the moment, we can identify several main parts of the complaint. Among them there are the following items:

1. Introduction. It contains information on the body to which the document is submitted, as well as on the plaintiff and his representative (if any). It is advisable to indicate here the summary of the complaint. For example, "appeal against the GAI decision."
2. Main part. It is not difficult to guess, the so-called body of the claim. It is necessary to specify the resolution of the traffic police, then write the date of issuance of the document, the essence of the administrative violation. In this component, approximately in the middle of the claim, motivation is written. Any sample complaint has this feature. It specifies the essence of the applicant's claims.
3. Conclusion. At this point, you need to indicate your requests and intentions. We can say that in conclusion the driver must state the requirements, which, in his opinion, should be satisfied. It is desirable at the same time to indicate references to legislative acts and laws that can motivate the decision.

After the conclusion it is necessary to put the date of the appeal, and also to subscribe. It is recommended that you specify the decryption of the signature. If there are any witnesses, contacts for communication with them can be prescribed exactly at the end of the claim. It is important. According to established laws, you can not listen to witnesses that have not been reported.

Collect evidence

Now it is clear where to appeal the decision of the traffic police. Moreover, the structure of the statement of claim is clear. But this is not enough. Judicial practice indicates that the citizen will have to prove his innocence. What can be useful for this?

First, you can take testimony. Especially this option is successful when disinterested persons appear in the case. Sometimes it happens that the citizen did sit at home, and the traffic police claim that at one time or another a person broke the rules.

Secondly, as evidence of innocence, the results of an independent examination will be appropriate. Often you have to check photos and videos received from security cameras. Independent experts will be able to confirm or deny the accuracy of the materials provided and their authenticity.

Thirdly, a complaint to the prosecutor's office (sample submitted) or to the court allows you to attach personal photos and videos as evidence. Also suitable are videos shot by the DVR. Audio recordings are also suitable.

Once you have collected all the evidence, you can apply to those or other agencies for appealing the decision. It is recommended to just reconcile with the decision of the SAI without confirmation. Defend their point of view in court or the prosecutor will only be able to prove the illegality of the document issued earlier.

What decisions can be appealed

Another point is that not all decisions can be appealed. Citizens have the right to review a decision if:

• The decision violates human rights and freedoms;
• The document impedes the exercise of rights;
• Unlawfully place any responsibility on the citizen;
• The document has no legitimate grounds for bringing to one or another responsibility (it should not be confused with the imposition of this on a potential violator).

All previously listed information is not enough to achieve justice. A sample complaint about the decision of the State Traffic Safety Inspectorate will be submitted a little later. First you need to understand what documents are useful for filing a claim or a letter to the prosecutor. There is little evidence.

Documents for the court and the prosecutor

Submission of a claim is not so simple. The driver, who is going to complain about the decision, should be ready for paperwork. But if properly prepared, there will be no problems. Where (to appeal the decision of the traffic police, as you already knew, it is possible) to apply, it is already clear - either to the prosecutor to write, or to appeal to the world court. And what documents do you bring with you?

Among the main list of securities are:

• Identity card (the passport is suitable);
• Documents for the vehicle (indicating the number of the car, serves as evidence);
• statement of claim;
• A copy of the decision, which is subject to appeal;
• Proof of innocence;
• List of witnesses with contact details;
• Power of attorney for representation of interests (if any).

It would be enough. The main problems, as already mentioned, are in the collection of evidence of innocence of the driver. After all, if you fail to prove that the GAI decision was made illegally, you will have to satisfy all the requirements put forward.

Sample for trial

There are several types of complaints. To begin with, consider a more common option. A sample complaint to the court is the lawsuit that is most often encountered among drivers.

It looks something like this:

Data on the court of a city

A statement of claim to appeal against an earlier decision of traffic police bodies

I, Ivanov Ivan Ivanovich, (passport data), the driver of the vehicle (data on transport), hereby request that I consider the possibility of appealing against the decision of the SAI issued earlier (information from the document) for an administrative offense.

By the decision of this document, I, on the night of December 31 to January 1, 2001, violated the traffic rules - made a turn in the wrong place, parked not where authorized, but also exceeded the maximum permissible speed on the highway. But in this period, in fact, I was at a family dinner. The following witnesses can confirm this: (enumeration with contacts).

Please acknowledge the previously issued decree invalid. All evidence and materials that can influence the course of the case are attached to this suit.

Sample for the prosecutor

There is one more example of a complaint about the decision of the State Traffic Safety Inspectorate. It's about appealing to the prosecutor. The claim will look approximately the same as the statement of claim, but with some changes.

When composing a complaint, you can use the following template:

Complaint to the district prosecutor (district) on the decision on an administrative violation issued by the State Traffic Safety Inspectorate.

I, Ivanov Ivan Ivanovich (passport data), I ask you to reconsider the resolution of the State Traffic Safety Inspectorate (GIBDD) issued earlier (information about the document). I consider it illegal.

According to inspectors of the traffic police on July 31, 2016, I, Ivanov Ivan Ivanovich, was stopped for driving in a state of intoxication, for which I was discharged a fine. In fact, at this time, I was in a medical facility on a scheduled survey from the employer. All evidence is attached to this complaint.

I ask to cancel the administrative violation specified in the resolution (data on the document).

Results

Now it is clear how you can write a complaint or an action for an administrative violation made by the traffic police. In fact, everything is not as difficult as it seems. The main task is to provide evidence of innocence.

As it was already said, in the judicial practice quite often citizens win such cases. Moreover, the population is offered to appeal against decisions and fines that are issued with the help of surveillance cameras. Only the really innocent can achieve justice.