Cases Against the Traffic Police: How to Defend Your Rights?

The control of road traffic in Bulgaria is carried out by the Traffic Police (KAT), which has the authority to issue statements of administrative violations (AUV) and penalty decrees (PD) under the Administrative Violations and Penalties Act (AVPA). Citizens have the right to appeal these acts if they believe they are unlawful or violate their rights.

Appealing Statements and Penalty Decrees Issued by KAT

The procedure for appealing statements and penalty decrees is regulated by AVPA. After an AUV is issued, the violator has the right to submit an objection within seven days of its receipt. The penalizing authority has the option to issue a penalty decree or terminate the administrative-penal case with a reasoned resolution.

After receiving the penalty decree, the violator has the right to appeal it within 14 days before the regional court in the area where the violation occurred. The appeal is submitted through the authority that imposed the penalty. The judicial procedure is free, and no state fees are required for filing the appeal.

Grounds for Appeal

Appeals against statements and penalty decrees can be based on:

• Incorrect application of substantive law: When the legal norms cited in the statement or decree do not match the violation or are incorrectly applied.
• Significant procedural violations: For instance, if the statement was issued in the absence of the violator without legal grounds or if the violator was not given an opportunity to object.
• Lack of evidence of a violation: When there is insufficient evidence to support the alleged violation.

Types of Cases Against KAT

Citizens can initiate various types of cases against KAT, including:

• Cases for unlawful revocation of a driver’s license: If the revocation was unfounded.
• Cases for temporary suspension of a vehicle: When disputing the legality of the measure.
• Cases for the deregistration of a vehicle: If the deregistration was conducted improperly.
• Cases against coercive administrative measures: Note that filing an appeal does not suspend the enforcement of the administrative measure unless otherwise ordered by the court.

Practical Tips for Appealing

• Review the documentation: Carefully examine the statement or penalty decree for formal errors, such as incorrect data or missing signatures.
• Prepare the appeal: Clearly outline the grounds for disputing the act, citing legal provisions and presenting evidence.
• Adhere to deadlines: Submit the appeal within the prescribed timeframes, as missing the deadlines will result in losing the right to appeal.
• Seek expert assistance: Consult a lawyer specializing in administrative law for better protection of your interests.
• Gather evidence: Provide all available documents, photographs, videos, and witness testimonies that support your case.

What to Expect in Court?

• Hearing process: The regional court will review the submitted evidence and hear the parties to assess the legality of the administrative act.
• Possible outcomes: The court may confirm the act, annul it, or return the case to the penalizing authority for reconsideration.
• Appealing the court’s decision: If the regional court’s decision is not in your favor, you can appeal it through the appropriate channels.

Preventing Future Violations

To avoid conflicts with KAT, adhere to road traffic rules, monitor the validity of your vehicle’s documents, and comply with legal requirements. Regular vehicle maintenance checks can also prevent sanctions.

Conclusion

Cases against KAT are an essential mechanism for protecting citizens’ rights against potential abuses or unlawful actions by administrative authorities. Successfully contesting such cases requires a thorough understanding of the law, strict compliance with formal requirements, and the presentation of compelling evidence. Seeking professional legal assistance significantly increases the chances of a favorable outcome. If you are facing a case against KAT or wish to file an appeal, you may contact a lawyer from the Legal Frame law firm.