Some people end up having to appeal the fine on their driver’s license. This happens when the driver believes that the fine imposed on him is unfair, and so they end up seeking help to be able to appeal the fine on their driver’s license.
But who has the right to appeal? How does this process work? Now let’s clear up some doubts for you who are thinking of appealing the fine on your driver’s license. Come on.
What this article covers:
Is it possible to appeal the fine on the driver’s license?
Appealing the fine on the driver’s license is a right of all drivers. This process is basically divided into 3 parts which are: Prior defense, first and second instance.
But before resorting to a fine, it is important that we have full knowledge about what fines are and what types they are. Let’s see that next.
Fine or infraction?
A fine and an infraction are different things. When committing a traffic violation, the driver must receive a notice, stating the offense committed, after which the fine is applied. That is, the assessment informs that you have committed an infraction and will receive a fine.
types of fines
When you receive an assessment you will know which offense you committed, and which fine you will take. There are four types of infractions which are:
Light infractions: Where the driver takes 3 points on his license and a fine of R$88.38;
Medium infractions: Punishment of 4 points on the license and R$130.16 fine;
Serious infractions: The fine is R$195.23 and 5 points on the driver’s license.
Very serious infractions: The minimum value of this fine is 293.47 and 7 points on the CNH.
When can you appeal the fine at the CTPS?
The driver can appeal the fine on the driver’s license in three situations. The first is that the violation actually occurred, but you were not the one driving. The second situation is to justify the infraction, such as running a red light and exceeding the speed limit in urgent cases.
The last one is in case the assessment has confusing data, these cases are usually quick and are resolved already in the prior defense. Let’s understand more about this.
If you fit into any of the situations mentioned, you can make a prior defense, where the assessment is contested. After receiving the assessment, you have up to 30 days to make your prior defense.
Indication of the driver who committed the infraction
If someone had your car and committed the violation, you can also appeal the fine on your driver’s license. Just send the signature and a copy of the offending driver’s CNH to the address on the notice.
What is the 1st Instance appeal of the fine on the driver’s license and what deadline?
If you have not made your prior defense, or if it was denied, you will have another 30 days to appeal in the first instance. The document must contain the reason why you are appealing, and you must send them to the JARI of the body responsible for your process. But what is JARI?
The acronym JARI stands for ”Administrative Boards of Infraction Appeals” and its function is to judge all the processes requested by the Infractors, whether they are transit or not.
But what documents are needed to apply for a process at JARI?
The required documents are: Copies of the RG, CRLV of the vehicle, photo of the vehicle, certificates and an incident report. You can submit the documents in person or by mail.
Can a CTPS fine appeal be made in 2nd Instance?
It is also possible to appeal the fine on your driver’s license in the 2nd instance, however, only if you appealed to the 1st instance and had your appeal denied. Now your only option is to turn to Cetran.
The process is practically the same as when appealing in the 1st instance. When consulting the website DMV officer from your State you will have all the information. But does the fine need to be paid before appealing?
Must the fine be paid before the appeal?
The answer is no, you can appeal the fine on your driver’s license without having to pay. However, if you have already appealed in the first and second instance and your appeal was still denied, you will have to pay the fine.
Now if you receive an assessment and want to appeal, you already know what to do.