How to appeal against traffic violations

If you want to appeal for a traffic violation, you need to go to the traffic police team to handle the violation first, pay the fine, and deduct points, and then go to the local public security agency with the penalty decision letter, administrative review application form and other materials to go through the procedures and review. The public security organs will promptly notify the parties concerned after the results are available.

1. Confirm that your violation should not be punished or be exempted from punishment according to the law. Currently, the revocable violations stipulated in the traffic law include vehicles being plated; repeated entry of violation information; wrong information entered by the traffic police; violations caused by signal light failure; violations caused by avoiding special vehicles. Violations of traffic regulations and avoidance of special vehicles, line-breaking behaviors caused by accidents, etc. If your violation is among these, you can appeal.

2. Before filing an appeal, you must first go to the traffic police team to deal with the violation, pay a fine, and deduct points. At this time, you will receive a "Penalty Decision" issued to you by the traffic police team. The fine paid here will be returned to you once your appeal is successful and the violation is revoked.

3. Ask for an "Administrative Reconsideration Application Form" from the relevant department of the traffic police team, and then take the completed "Administrative Reconsideration Application Form", "Penalty Decision Letter", ID card, driver's license, and driving license to the local public security agency for processing. It is best to have originals and copies of all documents, and hand in whichever copy you need. If it is done on behalf of someone else, the identity card of the agent and the applicant's "Authorization Letter" need to be issued.

4. Note that when filling in the appeal form, there is one item in it that is the reason for revoking the penalty. The reasons you fill in must be sufficient. It is best to write down the legal basis that can be used, which can increase the success rate of the appeal.

The statutory circumstances for the crime of dangerous driving are:

(1) Driving a motor vehicle while drunk;

(2) Engaging in school bus business or passenger transport, serious Carry more passengers than the rated number of passengers, or drive seriously exceeding the prescribed speed;

(3) Chasing and racing, the circumstances are egregious;

(4) Other legal circumstances.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 19 of the "Regulations on Procedures for Handling Road Traffic Safety Illegal Acts"

Within five days after the traffic technical monitoring equipment collects the record information of illegal acts, the public security authority at the place where the illegal acts occurred shall The traffic management department shall review the record content and enter it into the road traffic violation information management system after the review is correct, as evidence for punishing illegal acts.

Article 20

On the day after the illegal behavior information recorded by the traffic technical monitoring equipment is entered into the road traffic violation information management system, the traffic management department of the public security authority at the place where the illegal behavior occurred and the place where the motor vehicle was registered shall Departments should provide inquiries to the community. The traffic management department of the public security organ where the illegal act occurred shall, within five days after the illegal act information is entered into the road traffic illegal information management system, according to the contact information in the motor vehicle registration information, use mobile Internet applications, mobile phone text messages, or mail to notify the time of the illegal act. Notify the illegal perpetrator or the owner or manager of the motor vehicle of the location and facts, and inform them to accept the punishment within thirty days.

The traffic management department of the public security organ shall confirm in writing that the illegal perpetrator or motor vehicle owner or manager handles illegal activities, traffic accidents, or handles motor vehicle or driving license business. The contact information and legal document delivery method of the person and manager shall be informed, and the person or manager shall be notified that they can register or change the contact information and legal document delivery method through the Internet website of the traffic management department of the public security organ, mobile Internet application, etc.

Article 18 of the "Regulations of the People's Republic of China on Punishment of Traffic Violations"

Where a fine is imposed on a party, the party shall be notified of the penalty within 10 days from the date of receipt of the penalty decision. Within five days, go to the designated collection agency to pay the fine. If the party concerned fails to pay the fine within the time limit, an additional fine of 3% of the fine will be imposed on each day.