Challenging a Contravention : 10 Rules To Remember

Challenging a Contravention : 10 Rules To Remember

1. Do not pay the fine

The payment of the fine results in the recognition of guilt

Also it off public action, which means that the file is permanently closed; the payment of the fine is an irreversible act.

2. Meet deadlines protest

The legal period of objection is 45 days. In addition, the dispute will be rejected.

The period begins on the day the notice of contravention is delivered by hand to the offender. If the notice is sent by mail, the time from the starting point is the date, not the infringement itself, but of sending the notice of contravention. Warning ! The dispute should not be sent on the last day: because the mail must be received no later than the 45th day, by the competent service.

As an increased fixed fine, the appeal period is 30 days. When the offense was detected by a speed camera, the time limit for contesting the increased fixed fine is 3 months.

3. Send a registered letter with acknowledgment of receipt

Article 529-10 of the Code of Criminal Procedure, which covers offenses detected by speed camera, requires that the claim is borne lettrer with acknowledgment of receipt, to be admissible.

However, even where this obligation is not enshrined in law, it is strongly recommended to send the dispute by registered letter with acknowledgment of receipt, as this is the only way to prove the sending of the request

4. Send the original

The applicant must submit the original of the notice of contravention (or increased fixed fine) and the claim form, signed by him.

5. Keep copies of the documents sent and the notice of filing and receiving

It is essential to keep all documents sent to print, in order to demonstrate the reality of the dispute, and its validity in case of conflict with the Crown officer processing the claim.

6. Do not ask the indulgence

There is a priori no need to ask the indulgence of the government law officer. This has also instructed to reject requests based solely on indulgence.

The challenge, according to Article 529-2 of the Code of Criminal Procedure must be "motivated": it should focus on ways of law or fact that is likely to challenge the validity of the report or to show for example, a case of force majeure.

7. Remember to adjust the recording before challenging a flash if you report only person

After the infringement by automatic radar observation, the offender receives a notice of contravention, not as a driver but in its capacity as holder of the vehicle registration. It can then deny having driven the vehicle at the time of the offense.

Recall that the denunciation of a third party is not mandatory. In this case, if the recipient of the notice of contravention denies having committed the offense and, at the same time denounces any third party, he must pay a sum of deposit prior to the protest.

8. Do not confuse the challenge of increased fixed fine with the challenge of increasing the fine (back to the original amount)

The recipient of a fixed penalty notice can challenge plus it: in this case, he denies his guilt.

But it can also admit that he is guilty, and request cancellation of the increase of the fine, to pay less.

Warning ! This approach reveals the willingness to pay the fine: this is admission of guilt, and you can not contest the ticket later.

9. Do not rely on a simple mistake: to constitute a procedural defect, an error must cause a grievance

Any errors in the notice of violation, such as those affecting the first or last name of the recipient of the notice of contravention, are not relevant to raise.

To constitute a procedural defect, the error should cause the offender grievance: that is, that he suffers an attack on one of its justiciable rights.

10. Do not expose its arguments in the contested letter and the book for the hearing, so that the police will not be tempted to regularize the proceedings before it

The officer of the recipient Crown to protest the possibility, after examining the applicant's arguments, to ask its officials compiling details of verbalization.

For example, if the applicant relies on the vagueness of the place of the offense for rescission of the minutes, the enforcement officer will clarify this point; This may cause the regularization post the minutes.