Objection to a Traffic Fine, How to Object to a Traffic Fine? In Turkey, traffic fines are sanctions imposed on drivers, passengers or pedestrians who do not comply with traffic rules. If you think you have been unfairly fined, you can object to the fine provided that certain conditions are met.
Objection to a Traffic Fine
The process of objecting to traffic fines is briefly as follows:
- The details of the traffic fine sent to you should be carefully examined. Check whether the information on the fine receipt, such as the date, location and license plate number, is correct.
- You should make sure that you have a valid reason to object. For example, if you think the fine was unfairly imposed, check whether you have evidence regarding that moment.
- Objections to a traffic fine should be made within 15 days from the date of notification of the fine. In fines imposed on the license plate, the date of notification of the decision to the person is considered as the beginning and the 10-day application period begins from this date.
- You must file your objection with the Criminal Court of Peace in the province or district where the traffic fine was imposed. For example, if the fine was imposed in Istanbul, you must apply to the Criminal Court of Peace in Istanbul, and if it was imposed in Izmir, you must apply to the Criminal Court of Peace in Izmir.
- You will need to prepare a petition for the application.
- In the petition, please state information such as your name, surname, Turkish Republic ID number, address, date the fine was imposed, and the fine report number.
- Explain your objection reasons clearly and attach any evidence to your petition.
- The objection process is made to the Criminal Court of Peace to which the place where the fine was imposed is affiliated. You can make your objection by going to the Criminal Court of Peace in person or through a lawyer.
- After the judge examines your application; if your objection is found to be justified, your penalty will be canceled, otherwise the fine must be paid.
- If your objection is not accepted, you must pay the fine after the decision is notified to you.
For What Reasons Can Traffic Fines Be Objected?
There are various reasons for objecting to traffic fines. In order for an objection to be successful, it is important that it is based on a valid and provable reason. Here are some of the main reasons why traffic fines can be appealed:
- Incorrect License Plate Identification:
The fine may have been issued on the wrong license plate. For example, if a letter or number error on the license plate caused the fine to be issued to a vehicle that does not belong to you, this may be grounds for an appeal.
- The Fine Was Imposed Wrongly:
The traffic fine may have been issued in a situation where you did not actually commit a violation. For example, you may have received a speeding ticket even though you were not exceeding the speed limit.
- The Fine Was Imposed on the Wrong Person:
If the fine was issued to the wrong person or vehicle owner. For example, the fine may be related to a vehicle that does not belong to you, or if you were not driving the vehicle at the time, it may have been wrong to issue the fine to you.
- The Fine Is Not Based on Evidence:
If there is not enough evidence to support the situation in which the fine was issued. For example, if the radar or camera footage is missing or incorrect, this may be grounds for an appeal.
- Notification Problems:
If the traffic fine was not served to you within the legal period, this may be grounds for an appeal. Incomplete or incorrect notification is also a reason for objection.
- Sale of Vehicle:
If the fine was imposed on you after the date the vehicle was sold, this may be a reason for objection. Fines imposed after it was transferred to a new owner cannot be applied to the previous owner.
- Special Situations:
If you violated a traffic rule due to possible emergencies, situations of necessity, special conditions requiring violation of traffic rules (for example, taking a patient to the hospital), these situations may also be a reason for objection.
- Incorrect Camera or Radar Recording:
Incorrect speed measurement or incorrect vehicle detection may have been made as a result of faulty camera or radar devices. Such technical errors are also a reason for objection.
- Signaling Errors:
If there is a malfunction in traffic lights or signs and a fine is issued for this reason, you can object by documenting this situation.
- Traffic Police Error:
If a fine is issued as a result of the traffic police’s incorrect assessment (for example, the police may have thought you committed a wrong violation), this may be a reason for objection.
If objections made for such reasons are documented and presented correctly, the probability of the penalty being canceled increases. When preparing your objection petition, you should clearly state your objection reason and present any evidence.
Result of Objection to Traffic Fines
The result of objecting to traffic fines depends on the decision made by the Criminal Court of Peace to which you applied. There are two possibilities as a result of the objection:
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Acceptance of Objection:
If the judge finds your objection justified, your penalty will be canceled. In this case, you will not have to pay the traffic fine and the penalty will be erased from your record.
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Rejection of Objection:
- If the judge rejects your objection, the penalty will be considered valid and will remain a debt that you must pay.
- If the payment has not been made within the period from the date of notification of the penalty, you will have to pay it with interest may be required.
- After the decision is notified to you, you will need to pay the fine within a certain period of time. Otherwise, additional interest and costs may be added to the fine.
Can a traffic fine be appealed via E-Devlet?
Yes, you can appeal a traffic fine via E-Devlet. If you have an e-signature and mobile signature, you can appeal via Uyap Vatandas. However, managing the process with the help of a lawyer will be beneficial in order to avoid losing your rights.
