How and when do you have to appeal a traffic ticket?

A fine is a sanction imposed for the breach of any punishable legal norm and that obliges us to pay an amount of money. In the case of traffic tickets, parking in prohibited places, exceeding the speed limit, passing a red light or giving a positive breath test are some of the most common examples.

When can I appeal to a traffic ticket? In the first place, it should be clarified that every citizen has the full right to present allegations if they do not agree with the facts for which a sanction has been imposed. Of course, to do so, you have to provide evidence and documents with the information deemed necessary to justify that the facts for which you are being sanctioned are not true. Later, Traffic analyzes the allegation and decides whether it is right or not. But before taking this step it should be borne in mind that, If you recur, you automatically lose the option of a 50% discount on the amount of the penalty. Similarly, if the claim is rejected, you must then pay 100% of the penalty.

How and when to appeal a traffic ticket (Photo Bigstock) 2

Indeed, if you pay the fine voluntarily and in the period specified for it, you benefit from a 50% reduction on the total fine. In this sense, if you pay, it is understood that you waive submitting allegations. So, Any appeal that you present after having made the payment of the fine in a voluntary period will not have effect or validation.

Therefore, it is convenient to analyze well in which situations we must present allegations to appeal a traffic fine.

Tips for turning

When deciding whether or not to file an appeal, many factors come into play, which vary depending on the type of offense. Although each case is different, we can determine that it may be appropriate to file the appeal if:

  • We are very sure that we have not committed the offense that is charged to us. In this case, it is recommended to consult experts to tell us what type of evidence we have to present.
  • We have arguments with which to refute the infringement. For example, in the event that we have parked in a prohibited place, ignoring the sign, and we can claim that the sign was in poor condition or was not visible. To make this type of claim, it is advisable to present photographs that demonstrate what has been declared.
  • We found mistakes in the fine. That is: errors in the vehicle data; in the description of the fact, either in the detail of the place or the section; on the date and time; in personal data such as name, surname, home address, etc. Then, we could also have a reason to appeal the sanction and present the allegation.
  • The fine is late and has expired. According to the law, the statute of limitations for offenses will be three months for minor offenses and six months for serious and very serious offenses. When the driver commits the traffic offense, the notification period opens. It is the time that the competent authority (the DGT or the City Council) have to notify the offender that he has been fined.

What avenues do I have to present the allegation?

Depending on where the sanction comes from, you must go to one place or another. If the fine comes from the local police then we will have to present the allegation in our City Council. In the event that it was the DGT that imposed the sanction, there are three ways:

  • Through the Internet, in the DGT Electronic Headquarters or in any Electronic Registry of the Public Administration.
  • By postal mail, sending the letter of allegations to the Traffic Headquarters that is processing the procedure.
  • Presenting the appeal in person, by appointment, at any of the Traffic offices.

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