Prompt payment is caramel with which we have deceived as far as fines are concerned. Drivers, save efforts also can be sterile, prefer to pay half the amount. But as a driver you must never forget that you have rights like duties. And if the former are violated in a penalty should not be afraid to resort.
maybe lack of information in this matter and therefore ignorance, they take you to choose the path, a priori, easier. For that we are us: here we leave several keys to appeal a traffic ticket and have much chance of winning the appeal.
1. We are all innocent until proven otherwise
The first thing you have to keep in mind is that the fact a fine indicates that you have committed an offense does not make you guilty. The Spanish Constitution contains in Article 24 Right to the presumption of innocence of every citizen and that includes drivers. This means that, if a fine is unfair or fails something in the infringement procedure, you are in full right of appeal.
Remember, although the authorities, as established by Law, are presumed to be accurate, the presumption of innocence is the one that protects the citizen and in no case is the first over the second.
2. The key to a resource: tests
Not only administrations and agencies can provide evidence to a complaint -ratification of the agent, the testimony of the same, proof of proper functioning of the mechanisms used or photographic proof are the most habituales- but you as a driver, you can make yours.
Lack of visibility of a signal, the misplacement or lack thereof at the point where they can be sanctioned test. Further, a photo provided by the administration that has punished you is not always a feasible test. Example of this is found in the case of traffic lights 'multones' of the town of Rivas Vaciamadrid.
Also, any error in the testimony of the agent or that can not prove the correct operation of a radar It means that the judge gives you the right to sanctioned.
3. How do I file an appeal?
Drivers can find out if we have fined in many ways: either by a notice on the spot or later in domicile or if we see published in BOE through the electronic headquarters of the DGT (DEV). Once we are aware of the sanction, the law states that you have 20 days to present claims you consider appropriate.
Once submitted the allegations, the Administration notifies us or that We introduce a resource, for what we have 15 days, or that they are not enough, so we'll have to pay the fine.
4. Pay half or defend my rights?
It is very important that you consider that, if you present arguments, your right to prompt payment is canceled. Among other things because to welcome you to reduce 50 percent, you must pay the fine within 20 days. Here's diatribe, ¿waive off to defend my interests or not?
From Pyramid Consulting remind us that It is very important that we value the complaint received before launching his eyes closed to early payment: You have to read carefully the fine. If we do not we can discover, eventually, there was an error in it, it was not me who was driving the car, which had itself set the parking ticket regulated or that I was not at that time in that place of infringement.
5. What judicially?
Decide to bring before the court a fine of traffic is something that boat soon, we usually discard. It is true that choose the courts it will only be useful when we are talking about fines of high level and involving the subtraction of a remarkable number of license points.
Perhaps because of a tremendous misinformation about the court fee, the most widely held belief is that, as we go to court costs money, it no longer makes sense to opt for this option. But the reality is that individuals, as recorded by the law, They are exempt from the court fee.
However, which itself will cost us money, it is the prosecutor and the lawyer. This is where we assess whether we pays to seek the services of the many associations that exist in Spain resource fines. It is also true that, depending on their coverage or what you contract, attorney expenses and attorney be included or not.
Likewise, as an individual you are required to pay some costs which are a percentage of the amount of the penalty. These costs, of failing the judge in your favor, will be borne by the Administration as well as the stolen items and the amount of the fine.