Courts The DGT loses half of the resources for fines
Traffic Freeze says it will not increase the amount of fines
Positions to report in Spain, the sanbenito no one takes it away from the DGT, which makes this task one of its methods to educate drivers.
But there are the City Councils, with a
sanctioning machinery
that also helps them to fatten public coffers that are quite indebted in not a few cases.
So much so that they file six times more complaints than Traffic.
Both have turned this activity into a highly automated and, at times, questionable management. "
Sometimes, the Administration acts as a roller with the administered ones, belittling their rights
, obviating the reasoning used in their defense and forcing them to go to court for issues that should be discussed in the ordinary way," assures the association for the defense of the Turnaround motorists.
"They do it so that they desist before the high cost of the judicial process, but
more and more courts are condemning the Administration in costs
for acting in bad faith or procedural recklessness" they add.
And they detail several sentences in their favor - they also lose many - that no longer allow recourse.
Because that is how the rules establish it and because it is about "
citizens defending themselves from the Administration, not the other way around
."
Nor do they feel jurisprudence, that this task falls to the Supreme Court, but they do help to build it since they can be used in other trials.
Some of those sentences fall under their weight and it is surprising that they did indeed reach a court.
Others are very particular, and questionable, interpretations of the magistrates
.
SCANNING SIGNATURE (7/13/16).
In this decision against Traffic in Tenerife, a driver was penalized for speeding.
The judge annulled the 300-euro sanction, pointing out that it is "null and void" because the signature that appears in the sanctioning resolution was simply scanned and did not comply with the legally established technical requirements.
THE LEAST HARMFUL OPTION (1/2/2015).
In this case, Traffic decided to sanction the owner of a vehicle for not identifying the driver who had committed an excess of speed.
The amount of the fine was 900 euros.
The Court number 2 of Alicante rules against the DGT and annuls the procedure.
His argument is that he should have opted for the least harmful option for the citizen: the speeding ticket.
WITHOUT HOME (7/23/18).
The judge of court 2 of Cádiz rejects the penalty of 300 euros to a driver for speeding, since the Provincial Traffic Headquarters did not find an address to notify the sanction and went directly to publish an edict.
According to the magistrate, the Administration should have carried out a minimum investigation work to find an alternative address, consulting the public archives.
AMBULANCE IN ACTION (OCT 2015).
The judge of Court 2 of Malaga revokes a penalty of 300 euros to a driver for exceeding the speed limit by demonstrating that it was a mobile ICU that was responding to an emergency.
OUT OF SERVICE (11/16/18).
Court 4 of Bilbao sentences against the Basque Government after the complaint made by an off-duty ertzaina who practiced cycling and proposed a fine to a driver of 500 euros and the withdrawal of six points from the driving license for reckless driving. The magistrate considers that by being out of service and being an involved party (the recklessness reported would have caused him risk) he does not benefit from the presumption of veracity. He also adds that the Basque policeman does not provide evidence of the charge other than his own account of the events.
NON-COMPETENT CITY COUNCIL (1/12/18).
The ruling of Court number 4 of Madrid concluded that the City Council had no jurisdiction to sanction with 200 euros and the withdrawal of four points from the license to a driver who did not respect the right of way on the VAO Bus.
As the kilometer point of the offense is not collected, it could correspond to the State Highway Network, where the authority belongs to the DGT.
ONE PHOTOGRAM (6/3/18).
The speeding reported by the Córdoba Police Department was witnessed by two images of the same frame taken by radar.
The fine of 300 euros was annulled since a frame that offered a panoramic view was missing.
CAMERA NOT VERIFIED (1/7/19).
The fine of 90 euros to a driver for not respecting the signs in a restricted traffic lane is annulled by the 10th Court of Madrid.
The City Council did not include in the file evidence that would prove the correct operation of the recording cameras.
WHERE DID YOU ILLEGALLY PARK? (3/11/19).
A Madrid driver is fined 90 euros for parking in an unauthorized zone.
Court number 23 agrees with him because the photographs in the file do not prove the offense because the place is not identified.
INDEFENSION (3/15/16).
Traffic denounces in Seville an excess of speed (300 euros), but does not respond to the allegations that the driver presents in his defense.
The magistrate resolves the procedure stating that this way of acting generates a serious defenselessness in the citizens.
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