DISCLAIMER: WHAT IT IS AND HOW TO DO IT - CULTURE VOCABULARY - 2025

The discharge document is a document that the driver prepares to claim a received traffic fine, depending on the type of infraction that is charged. After receiving the fine, the person has the possibility to cancel it or appeal it; that is, to make the due claim.

This claim can end in the exemption of the payment or the refund of the money. Although it is possible to find guides to write such a statement of defense, some experts recommend consulting the experience of lawyers and specialists in the field to obtain a positive response.

Some of the allegations that are made are the denial of the facts, and the proposal of other events, such as the failure of infraction recording equipment or the mistake on the part of the authorities.

For the claim to be effective it is important to do it within a specified period; otherwise the resource will be disabled.

What is a defense statement?

The defense document is a document that allows the claim or allegation of a fine that is considered unfair or misapplied. In this format, the person has the possibility to present the allegations and evidence with which the claim is expected to be effective.

The complaint is presented to the corresponding authority, so it must comply with a series of necessary formalities that must be exposed in a clear and concise manner.

That is why it has become common to meet a variety of companies and private institutions that provide defense and advisory services on the subject.

Important information

Taking into account the above information, a display of important elements can be made on the discharge folds:

-The sanction and financial fine is communicated in two ways: through the mail or directly to the driver. In both cases, the term to cancel the violation will start from the moment the notification was received. In case of speeding, the sanction will be sent by mail with the corresponding image captured by the radar.

-Those notifications that were not sent via mail will be published on the Traffic Sanctions Board (TESTRA). This is a system that not all drivers are familiar with, so the claim period was practically reduced to a minimum.

-Because of the foregoing, it is recommended to use the text messaging alert system, which informs the user if they have received a fine and how long it has been since its application.

-The term to appeal a fine is 20 calendar days, including holidays and weekends. If the claim was rejected, it is possible to present a new appeal, where the driver can request more specific and concrete information about the fault.

-Because a series of allegations and arguments must be presented, it is recommended that the person hire the services of specialized agencies to achieve the success of the process.

Common offenses

The following are the most common violations that are grounds for fines and other penalties:

-Wash the car on the street and away from a specialized center for this purpose; in this case, a laundry center.

-The illegibility of the registration is also a reason for infringement. Therefore, it must be kept clean to be easily recognizable.

-Riding through the city or interurban sections with the arms out of the car can also be a reason to generate an infraction.

-Not make the corresponding notification of change of address. Due to this, channels have been enabled so that people can update this type of information quickly and easily.

-Place a “for sale” notice on the car and leave it there, even when driving on the street, because it is considered improper use of the public highway. In this case, it is recommended to do the buying and selling procedure in specialized places on the Internet.

-Anything that represents disturbing the tranquility of the streets: playing loud music, making use of the bugle insistently or accelerating suddenly.

How to make the pleadings?

One of the first recommendations that is made in these cases is to clearly place the following information:

-Full names and surnames.

-Number of the National Identification Document (DNI).

-The full address where the notification was received.

-Model, license plate and detailed description of the car.

-The number or code of the bulletin with which the fine was made.

-The date and time the fine was made.

-Presentation of allegations and evidence in an orderly and coherent manner.

It is also suggested to place a photograph of the car, which must be clear and sharp, without the use of flash. Otherwise, this will be the reason for the rejection of the defense document.

Useful arguments for successful appeal

A series of scenarios is proposed that will allow the success of the arguments that will be used to appeal:

-The margin of error that can occur in the vehicular radar. For this reason, it has become important to capture the image of the offense by means of a photograph.

-The speed is not exposed in the notification.

-The photograph presented as a sample is not panoramic. In this way, it is not ruled out that it was another car that generated the radar measurement (this in terms of speed tickets).

-Some type of erroneous information is presented in the notification: from the incorrect placement of the name and other data, to the mistake in the address to which the fine was sent.

-The fine has already prescribed. To use this argument, the type of infractions that exist and their characteristics must be clearly known.

As mentioned above, the advice of professionals is recommended, who will display the allegations correctly at the time of filing the defense statement before a certain authority.

References

1. Doubts: how long does it take to get a traffic ticket? How to appeal? (2018). In Autopista.es. Recovered: May 20, 2018. In Autopista.es of autopista.es.
2. The allegations or "defense document" and the payment with reduction. (sf). In Abogator. Retrieved: May 20, 2018. In Abogator of Abogator.com.
3. Model of the defense document for a radar fine. (2001). At Supermotor.com. Retrieved: May 20, 2018. In Supermotor.com from supermotor.com.
4. Traffic tickets: where do the ones that don't get home go? (2017). In Autopista.es. Recovered: May 20, 2018. In Autopista.es of autopista.es.
5. Fines that you may not have known about: washing the car in the street, having the license plate dirty… (2018). In Autopista.es. Recovered: May 20, 2018. In Autopista.es of autopista.es.
6. Fines resources: 10 keys to appeal successfully. (2018). In Autopista.es. Recovered: May 20, 2018. In Autopista.es of autopista.es.