Appealing fines: everything you need to do explained step by step

The most important thing when appealing traffic fines is knowing both the traffic rules and regulations, as well as the procedure associated with filing an appeal. What we must always keep in mind is that by respecting traffic laws and regulations, we have very little chance of receiving a fine.

However, if you have received a traffic violation notice and believe it was issued unfairly, Ecumotorstock.com explains the steps you should follow to properly appeal it.

Where should I appeal and what documents do I need to submit?

The first thing to understand is that if you are going to file an appeal, you should not pay the fine. Paying the fine waives your right to appeal.

Once you receive the notification, you have 15 days to submit your appeal. The appeal must be addressed to the Head of Traffic in the province where the proceedings began, and can be submitted by mail to any other Traffic Headquarters. You can also submit it to any official registry of the State, Regional, or Local Administration.

Before drafting your appeal, you can seek legal advice from your insurance company, allowing them to handle both the drafting and subsequent procedures.

If you prefer to do it yourself, the following instructions are provided below:

The appeal must consist of three parts:

Personal Information: In this section, you must include your full name, ID number, postal address, and contact phone number.
Information Regarding the Complaint: Here you must include the case number, date of the complaint, vehicle registration number, make, and model.
Argument: Here you must explain why you believe the penalty should not be applied, and mention any supporting evidence you have gathered, such as witness statements, expert reports, videos, etc.

Finally, include the city and date of submission and sign the document. It's important that you bring two copies: one for the administration and another stamped by them for your records. It's also advisable to request any documentary evidence (if available) that proves your infraction. Submit the document you're going to submit, along with the aforementioned evidence demonstrating your innocence, in an envelope.

Once sent, you must wait for a response:

If the document is rejected, you can still file an appeal with the Minister of the Interior, who may delegate the decision to the Directorate General of Traffic (DGT). You have one month to do so.

If the appeal is successful, you avoid paying. If it's rejected, you must pay the fine. However, if you still believe you're innocent, you can take legal action through an administrative appeal. If this is resolved in your favor, the DGT will be obligated to refund your money.

What types of fines can I appeal?

In theory, yes. However, you should keep in mind that in the vast majority of cases you will end up paying the fine. Nevertheless, if the notification contains a procedural defect—that is, an error in the information, such as your name or surname—the fine will be invalidated once the appeal is filed. Furthermore, you can avoid paying the fine when it has expired or when you request conclusive proof of the fine and the competent authorities are unable to provide it.