FINE? APPEAL!

 

You received a fine to have overcome the limits of speed allowed; but on that road you've never passed before.

You received an infringement for a prohibition of standstill; but in that street line such prohibition is not in force.

In the notification it results that the automobile in infringement was a Fiat Punto; but you have already sold that auto two years ago.

In few words, you received a fine that you think unfair. Not discouraged you: if you think about being right, you can make appeal. Attention, however, don't do false steps.

There are two modalities of appeal: to the prefect or to the judge of peace, with different advantages and disadvantages, but also ways and precise times to be respected for the two different hypotheses. Above all, different can be the effects on the citizen fined in case of rejection of the appeal. Attention therefore to what road you choose.

A glance to the form

Before acting, we see what have to be the conditions for which the fine that you have received is valid. In case of vices of form, you can easily make to annul it.

Þ    The fine must immediately be delivers to the transgressor; if this is not possible, the notification of the infringement must be notifies by mail within 150 days from the check. If the public administration doesn't respect these terms you are not kept to pay the fine.

Þ    On the notification of the infringement must be points out always the office or the authority to which to address the possible appeal. Verify it, because if it misses this indication the fine it is not valid.

 

Appeal to the prefect

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The appeal to the prefect is an administrative appeal, it is, namely, an appeal introduced to an organ of the public administration.

It needs to introduce it to the prefect of the place in which the infringement has happened. Then, for example, if the fact is developed in Milan the appeal must have done to the prefect of that city, if it is occurred in Voghera (PV), the appeal must be addressed to the prefect of Pavia.

The prefect within 120 days has to welcome or to reject the appeal. If the prefect is not pronounced on the appeal within this lax of time, the appeal has to intend been welcomed. Attention: in case of rejection of the appeal the fine is at least doubled.

In case of rejection from the prefect, the citizen can resort within 30 days to the judge of peace of the place in which the violation has been verified. The formalities of this further appeal are analogous to those that we will see later speaking of the appeal to the judge of peace to contest an infringement.

 

 

 

 

 

TO REMEMBER

·          If you have taken a fine that you think not correct, you can try to show to be from the part of the correct one. One of the ways are to turn to the prefect. The appeal for a fine is not guarantee of good result.

·          You have sixty days of time from the notification or from the delivery of the notification to introduce appeal.

·          The appeal, in free paper, can be introduced by hand or by "raccomandata a/r" in the office of the competent organ (for example town police) or directly in the office of the prefect.

·          Together with the appeal you ask the suspension of the provision: to introduce appeal doesn't automatically suspend the payment of the sanction. The fine, in fact, is an administrative provision, and therefore it is executive: within 60 days from the notification it should be paid, independently from the fact that appeal has been introduced.

·          You have to attach a photocopy of the notification, besides the documentation that you think it is useful to the acceptance of the appeal (for example the photo of the poster that signals the end of the prohibition of standstill, the action of sale to other person of the automobile indicated in the notification or the certificate of "rottamazione").

·          If you want during the discussion of the appeal to be felt for exposing your reasons, you have to expressly ask it when you introduce appeal.

·          You have to always preserve the notification, a copy of the appeal and, if you have forwarded appeal by mail, the notice of reception of the "raccomandata".

 

MODEL FOR APPEAL TO THE PREFECT

(download appeal to the prefect zip format)

 

Comando di Polizia Municipale di _________________

Prefettura di ________________

 

RICORSO AI SENSI DELLA LEGGE N. 269/81

 

Ecc.mo Signor Prefetto,

il sottoscritto _______________________________________________ nato il _______________ a ___________________________ residente in ___________________________ e ivi domiciliato

PREMESSO DI AVER RICEVUTO

 

accertamento di violazione-verbale di contestazione n ___ di infrazione del D.d.S. per la presunta violazione dell’art. _____ (indicazione della violazione contestata), notificato in data __________

Poiché il sottoscritto invero non ha commesso alcuna infrazione al Codice della Strada, intende proporre ricorso all’Ecc.mo Prefetto di _________________ sulla base dei seguenti

 

MOTIVI

(esposizione dei motivi)

 

Per tutti questi motivi il ricorrente

 

CHIEDE

 

che l’Ecc.mo Prefetto Voglia, previa audizione personale del ricorrente, in accoglimento del presente ricorso, annullare il verbale di accertamento e contestazione e pronunciare ordinanza di archiviazione degli atti ex art. 204 codice della strada.

 

CHIEDE

 

altresì che l’Ecc.mo Prefetto Voglia sospendere l’esecutività del provvedimento impugnato, attesa la fondatezza dei motivi addotti e il grave pregiudizio che deriverebbe al ricorrente dall’esecuzione del provvedimento stesso, considerata l’entità della sanzione amministrativa pecuniaria.

 

Si allegano

§          copia del processo verbale;

§          eventuali altri documenti.

 

Luogo e data                                                                                                                                     Firma

 

 

Appeal to the judge of peace

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In alternative to the appeal to the prefect, whoever thinks that the fine is unfair, can introduce appeal to the judge of peace. In this case it speaks the appeal is jurisdictional.

The appeal must have introduced to the judge of peace of the place in which has been verified the violation to the code of the road. The offices of the judge of peace are present in the most greater cities and also in many municipalities.

The judge of peace, otherwise from the prefect, it doesn't have to decide in a prearranged term regarding the appeal. From your question, therefore, you/he/she could also spend a lot of time. If rejects the appeal, the judge of peace can reduce the amount of the fine (naturally he can also increase it).Against the decision of the judge of peace he can appeal only to the Cassation. The application of suspension of the payment is welcomed if two presuppositions subsist: who applies it has to show that the application of annulment of the fine is not unfounded (the so-called fumus boni iuris) and that the payment of the amount of the fine could determine a serious prejudice (the periculum in mora). In practice, to convince the judge, is opportune to make lever on the excessive amount of the sanction and/or on your own economic conditions. If you are not resident in the territory of the judge of peace you have to elect domicile in the commune of the office of the judge of peace. This means that you must to indicate the address to which you want the communications related to the appeal to be sent (gives some hearing, decision of the appeal…). You can also to elect domicile in the chancellery of the judge of peace (pointing out it in the appeal); in this case you have the burden to periodically inform you to the chancellery, personally or telephonely.

 

TO REMEMBER

·          The term for the presentation of the appeal is of 30 days from the delivery or from the notification of the infringement.

·          The appeal in free paper must personally be deposits to the chancellery of the judge of peace by the recurrent or by other person with the delegation. The appeal is not admitted by mail.

·          The appeal must have introduced in original. You have to attach: the photocopy of the notification and the documentation useful to the acceptance of the appeal. The appeal must have introduced in more copies; the number of copies is varying in base to the inside demands of the chancelleries.

·          When you go to deposit the appeal you have to register the role cause (it deals with compiling and to sign a special form that will be given you in the chancellery of the judge of peace). The recording of the cause serves for the assignment of the judge and to define the date of the hearing. You preserve the copy of the appeal that will be returned you with the stamp of the office and the date of the happened deposit.

·          As for the appeal to the prefect, remember to ask the suspension of the execution of the provision.

·          You point out the address to which you desire to receive the communications related to the appeal. If you are not resident in the territory of competence of the judge of peace to which you introduce the appeal you have to elect domicile in the commune or in the chancellery of the judge of peace. 

 

 

 

 

 

MODEL FOR APPEAL TO THE JUDGE OF PEACE

(download appeal to the judge of peace zip format)

 

Al Giudice di Pace di _________________

 

RICORSO AI SENSI DELLA LEGGE N. 689/81

 

Il sottoscritto _______________________________________________ nato il _______________ a ___________________________ residente in ___________________________ e, per gli effetti del presente atto, domiciliato in ____________________ via ____________________

 

PREMESSO DI AVER RICEVUTO

 

accertamento di violazione-verbale di contestazione n ___ di infrazione del D.d.S. per la presunta violazione dell’art. _____ (indicazione della violazione contestata), notificato in data __________

Poiché l’accertamento operato appare infondato, illegittimo e ingiustificato, il sottoscritto intende proporre ricorso alla S.V. Ill.ma contro il suddetto accertamento-contestazione sulla base dei seguenti

 

MOTIVI

(esposizione dei motivi)

 

Per tutti questi motivi il ricorrente

 

CHIEDE

 

che la S.V. Ill.ma, riscontrate l’infondatezza e l’illegittimità dell’accertamento operato, Voglia annullare il verbale di accertamento e contestazione impugnato.

 

CHIEDE

 

altresì che la S.V. Ill.ma Voglia sospendere l’esecutività del provvedimento impugnato, sussistendo sia il fumus boni iuris sia il periculum in mora attesi la fondatezza dei motivi addotti e il grave pregiudizio che deriverebbe al ricorrente dall’esecuzione del provvedimento stesso, considerate l’entità della sanzione pecuniaria irrogata e le condizioni economiche del ricorrente (illustrare brevemente le proprie eventuali condizioni economiche non agiate).

 

Si allegano

§          n __ copie del presente ricorso

§          n __ copie del verbale di accertamento;

§          eventuali altri documenti.

 

Luogo e data                                                                                                                                     Firma

 

 

 

Advantages and disadvantages

Before choosing among the two possible roads to appeal against a fine, it needs to appraise the advantages and the disadvantages. Both substantially the means of appeal don't involve expenses: the only cost to be sustained is that of the consignment of the "raccomandata" letter (if is chosen the appeal to the prefect) and that for the possible copies of the appeal and the notification of the infringement (if he resorts to the judge of peace). In both the cases, are not necessary, however, to be assisted by a legal. Among the two roads there are, however, important differences.

 

I have chosen the judge of peace

The procedure in front of the judge of peace asks for some formal fulfillment and some loss of time in more. For instance, the deposit must personally be deposits in chancellery from the recurrent one, it is had to compile the note of registration in role of the cause, it is had to necessarily take part to the audience. There can be besides spent additional, if the office of the competent judge for your infringement is not in your city. In this case you have to consider the expenses of trip to go to deposit the appeal and to witness to the

audiance.

The judge of peace is a more impartial organ in comparison to the parts in cause (the prefect is, in fact, an organ of the public administration, as the agents that have given you the fine). 
If rejects the appeal, the judge of peace is able, unlike the prefect, to reduce the amount of the fine (but he can also increase it).

For against, nevertheless, the decision of the judge of peace can be grasped in Cassation. This means that, if the appeal is not welcomed, you don't have available other easy means of appeal (to appeal in Cassation you necessarily need a lawyer, not one any, but a pleader in Cassation). With the further increase of expense because the Court of Cassation has only center to Rome, and, therefore, every action or audience has to necessarily take place in the capital.

 

I have chosen the prefect

The appeal to the prefect, more agile in the formalities, introduces however greater risks of failure. 
The prefect, often, limits him to verify the formal regularity of the documentation related to the fine.

If he rejects the appeal, he have, for law, to send ordinance of payment of an import at least to the double one of the contested fine. In short, the risk to pay more is tall.

Within 30 days from the ordinance it is possible, however, to appeal in front of the judge of peace of the place in which the infringement has been committed. This means that, in practice, you have two possibilities of appeal with few expenses.

 

What is it worthwhile, in conclusion? 

In general line, if you think that you have unjustly been fined, we recommend to you to turn to the judge of peace: the probabilities of acceptance are greater, without skipping, obviously, the fact that he has the faculty to decrease the amount of the fine even if he doesn't welcome the appeal.

It needs to keep in mind, however, also another datum: a lot of prefectures are literally clogged by the appeals, particularly those of the most greater cities (as Rome, Naples and Milan), for which, the prefect, often, doesn't utter some provision within the 90 allowed days.

If this happens, you have had justice without working too much.

 

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