The vast majority of drivers are unaware of their rights when faced with a traffic violation. Whether due to speeding, driving with excess alcohol or drugs in the blood, overtaking in a prohibited place or even illegal parking, all drivers have the possibility of presenting an administrative defense or appealing the decision to the Court.
Traffic infractions are classified as minor, serious or very serious. In the case of minor infractions, the punishment is limited to a fine. The serious and very serious ones bring with them additional sanctions, such as disqualification (or, in the case of legal entities, the seizure of the vehicle) and the loss of points on the driver’s license. Many drivers, when paying the fine, mistakenly believe that the issue has been resolved, without knowing that additional penalties, such as disqualification and loss of points, continue to apply.
The right to defense in traffic violations: An undervalued opportunity
Anyone can contest the infraction through an administrative defense (in the administrative phase) or appeal the decision (in the judicial phase).
The administrative phase takes place when the driver is notified of the infraction notice and the judicial phase takes place when the driver has already been notified of the final decision made by the National Road Safety Authority.
However, these initiatives have strict deadlines: 15 working days after receiving notification of the infraction notice or decision from the National Road Safety Authority. This is an opportunity that should not be ignored, because, upon presenting the defense, the process is automatically suspended, allowing the driver to continue driving normally until a final decision is made.
Our experience, with more than 14 years of monitoring these administrative processes, shows that the majority of cases have a favorable decision for the driver or, on the other hand, often result in the case being closed due to the statute of limitations.
In fact, many drivers do not take advantage of this possibility and end up suffering the consequences. Without a defense presented, penalties are applied immediately, and repeat offenses can result in the revocation of the driver’s license, forcing the driver to go through the entire process of revalidation, with the professional and personal inconvenience that this entails.
Given the scenario, the best solution is, without a doubt, to entrust the process to experienced professionals like our Law Firm. By doing this, the driver can avoid unnecessary penalties and continue driving normally, without the personal and professional implications that an infraction can bring.
At Araújo & Associados, we have lawyers experienced in traffic violations, available to provide you with all the support.
Q&A – Questions and Answers
The law allows any offender to comment on the offense he is accused of and the sanction or sanctions he incurs. This is an administrative phase, where the offender can present a defense to the National Road Safety Authority or any other administrative entity.
The deadline for presenting the administrative defense is 15 working days from the date of receipt of the infraction notice.
The law allows any offender to file an appeal with the Judicial Court. This is a judicial phase, where the offender can file a writ of mandamus with the Judiciary.
The deadline for filing an appeal is 15 working days from the date of receipt of the administrative decision.
No. No one can be harmed by claiming their rights before administrative entities, as well as before the courts.
Yes. The processes are suspended until a final decision is made, so any offender can continue driving until the decision is made.
In addition to legal fees, court costs may be charged.
Within 15 working days, the offender has the right to present a defense in an attempt to avoid fines and additional driving disqualification sanctions being applied, as well as the loss of road points. Once the defense is presented, the process will be suspended until a final decision is made, then you will be able to drive normally.
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