There are drivers who believe that they are penalized unfairly and refuse to sign the violation report. They thus hope to escape the sanction by proving that they did not agree with the facts stipulated by the ascertaining agent. In such a situation, does the policeman still have the right to fine you, if you refuse to sign the report?
There are drivers willing to do whatever they can to avoid receiving a traffic ticket. Some threaten the cops with endless lawsuits, others pick up the phone to call the boss. Even some people go to the right seat and say that they don’t know who was behind the wheel.
But, the most common form of trying to avoid a traffic fine is refusing to sign the minutes drawn up by the policeman.
Are you required to sign the minutes?
The violator is not obliged to sign the report drawn up by the investigating agent.
„The report is signed on each page by the investigating agent and the violator. If the violator is not present, refuses or is unable to sign, the investigating officer will make a note of these circumstances, which must be confirmed by at least one witness. In this case, the minutes will include the personal data from the witness’s identity document and his signature”, it is specified in the traffic law.
But, the law establishes that the sanction can also be applied in situations where there is no witness.
So, given that signing the fine by the violator is not mandatory, can those who intentionally refuse to sign escape the fine?
Does the policeman still have the right to fine you if you refuse to sign the report?
In the situation where a driver refuses to sign the report of finding the traffic violation, he will not escape the sanction.
According to the law, which was updated this year, it will be considered that the driver has become aware of the sanction received. And the Police is no longer obliged to send the report by post. Instead, it is up to the violator to request the issuance of a duplicate at the Police station.
Because, if he refuses to sign the sanction, the report remains in the custody of the investigating agent. And in the absence of this document, the driver will not even be able to challenge the fine in court.
Moreover, signing the report does not mean that the driver agrees with the facts described. But he just took notice. And, in certain situations, it can even make mentions.
The only legal option to escape the fine is to contest in court the facts described or the information in the minutes.
How to contest a traffic fine
Drivers have 15 days to appeal the traffic fine. This period is calculated from the date on which they came into possession of the minutes.
„Any a mistake in the name, address, CNP or description of the act may invalidate the minutes. Even a wrong letter or number has often resulted in the fine being overturned in court“, lawyer Valentin Ciobanu explained for ProMotor.
The steps to be taken to contest the traffic fine:
- A stamp duty is paid at the municipality of residence;
- An appeal against the minutes is submitted to the court of residence or to the court of the locality where the sanction was applied. It must contain:
- Handwritten or typed complaint, in which the driver briefly describes what happened and why he disputes the report and requests its cancellation;
- Copy of the contested minutes;
- Proof of payment of the Stamp Duty;
- Other supporting documents that he considers important in his case (for example, there were drivers fined for excessive speed, but they proved that they had a medical emergency and it was imperative to get to the hospital as soon as possible);
- Various material evidence (photos, video or audio recordings, etc.).
The presence of a lawyer is not mandatory to submit these documents. Every citizen has the opportunity to represent himself and can even request a trial in absentia.
Source: www.promotor.ro
