How To Appeal A Fine

Most of the people who are reported as violators of land traffic regulations do not agree with the sanction imposed. But in the same way, whether due to ignorance, resignation or some other reason, those who dare to appeal a fine represent a minority.

The reasons why the application of these sanctions can be objected to are various. From errors in the form of the notification, to disagreements with the substance of what is imputed.

In all cases, the context must be objectively evaluated. This happens by admitting the mistakes, if they had been committed. Also the convenience of signing up for a conflict that could be exhausting.

In cases where reason assists and there are the resources to prove it, sitting idly by and doing nothing should be the last option to consider.

Presumption of Truthfulness Vs Presumption of Innocence

Traffic land agents enjoy, under current legislation, the presumption of truth. His performance is considered sufficient evidence for the imposition of a sanction, the criterion of who executes the punitive act.

However, this does not imply that citizens automatically renounce a fundamental right, enshrined within the Constitution of Spain. And this is none other than the Presumption of Innocence.

Administrative entities: judges and party

This is another factor that leads many people to reject appealing a fine. The administrative entities in charge of ensuring compliance with traffic regulations are judges and party at the time of evaluating challenges.

Although a good number of these allegations are rejected (many of them due to the Presumption of Veracity that assists traffic prosecutors), this does not mean the end of the road.

All those who consider that their rights have been violated, can take the case to the ordinary courts. This is an estate where the number of allegations that succeed is comparatively higher.

Appeal a fine: reasons of form

From errors in the notification forms to the prescription of the alleged fault. The notification delivered to the defendant must include all their data correctly entered, as well as those referring to the vehicle indicated of committing the offense.

It should also be noted if the violation entails loss of points on the driving license, or is only a fine in money; This can be a very important question.

Fines must be notified for up to three months, in cases of minor offenses. While, for serious or very serious offenses, its application extends up to 180 calendar days. This period begins to run from the moment the “alleged” violation took place.

Technical reasons

More than 80% of the traffic sanctions imposed in Spain are related to speed limit violations. Although the technologies applied in these controls are increasingly precise, there are still ways to appeal these fines.

In case of doubts, citizens can request from the administrative entities the approval reports of the radars, both fixed and mobile. Similarly, they can verify that the stipulated margin of error has been applied correctly.

Another factor that can lead to an appeal for a speeding ticket is the quality of the photograph . In the image presented as evidence, the license plate of the car must be read without equivocation.

This same criterion in the photo should be applied to other fairly common sanctions: those related to skipping the stop at the traffic lights. In these cases, the frame should show that the traffic controller was red.

Penalties for parking in prohibited areas are also among the frequent. The allegations of many of those affected include hidden or non-existent signs. To support these claims, taking photographs to present them together with the rebuttal writings is the strategy to follow.

How and when to appeal a fine

From the notification of the offense, citizens have 20 calendar days to present their disagreement. This same period of time applies to enjoy a 50% discount for prompt payment. The legislation does not allow to appeal a fine and pay it at a discount; they are exclusive processes .

The briefs with the appeals and allegations, as well as the rebuttal evidence, can be sent electronically through the DGT website.

Insurance companies provide advice to citizens who are dissatisfied with the application of sanctions for violation of traffic regulations, as well as various law firms.