TO ANKARA CRIMINAL JURISDICTION ( ) ON DUTY ( )
TRAFFIC ADMINISTRATIVE FINE CANCELLATION IS REQUESTED
OBJECTED : A….. B….. (T.C.:………………)
ADDRESS
ATTORNEY:
ADDRESS
SUBJECT OF OBJECTION
MINUTES: Date of Ankara Highway Bureau …/…./2021, … Serial,………. Decision Report of Traffic Administrative Fine with Sequence Number, Total Amount of … TL
REPORT ISSUED
DATE :…/…/…. hour … : …
MINUTES COMMUNIQUE
DATE :../../….
SUBJECT OF OBJECTION: Ankara Highway Bureau Chief’s …/…./2021 Date, … Serial, ………. It is our request for the cancellation of the fine written in the Traffic Administrative Fine Decision Minute with Serial Number.
DESCRIPTIONS
06 …. belonging to client A….. B….. Regarding the vehicle with license plate ../../…. With the claim of “Exceeding the speed limits from 10% to 30%” in its history ……. The Criminal Record (ANNEX-1) with the serial and serial number written above has been drawn up by the General Service Police with Registry Number B….. C…… This report is ../../…. It was communicated to the client on the date.
Since the report, which is the subject of the objection, prepared in the absence of the client, was drawn up unfairly and illegally on the basis of Article 51/2-a of the Highway Traffic Law, it became necessary to submit our request for the cancellation of the report and the abolition of the penalty to the discretion of the Court.
First of all, we must state that the aforementioned report does not contain legal elements. It is not clearly stated where the alleged speed limit violation occurred; as a place only “Batikent …. The phrase “street entrance” has been used. According to the Highway Traffic Law, the type, date and place of the violation must be fully and accurately indicated in the penalty report.
“Batikent …. The maximum speed limit applied at the “Avenue Entrance” location was not shown in the penalty report either. In the report, only the violation of “Exceeding the speed limits from 10% to 30%” was made; The maximum speed limit is not specified.
In addition, there is no video record of the client’s vehicle exceeding the speed limit in the traffic ticket report. It is obligatory to notify the video recordings of violating the speed limit with the penalty report, and the said report is also against the procedure in this respect. It is clear that the minutes subject to the objection were not drawn up as indicated in the law. The penalty imposed is unfounded and unlawful.
In addition, there is no sign or warning sign indicating that the speed limit control was carried out at the street entrance, where the speed limit violation was stated, and before that place. The warning that such a speed limit control will be made in a certain area according to the procedure and law should be shown with signs and warning signs before entering that area. The said penalty report, which was drawn up without any warning, constitutes a violation of the procedure and the law in this respect as well.
As stated above, the speed limit in question was not violated by the client. The penalty report drawn up is unfair and against the procedure. The client did not violate any rule that would contradict the relevant provision of the Highway Traffic Law. In this regard, we apply to your Court for the cancellation of the penalty report and the abolition of the penalty.
LEGAL REASONS :
EVIDENCE: Ankara Traffic Inspection Branch Directorate Traffic Regulation and Inspection Bureau Chief ../../…. Date and .. Serial No, …….. Traffic Administrative Fine Decision Minute with Sequence Number (issued by Police Officer B… C… with Registry Number of ………), Photocopy of License, Expert Report (If Necessary), All kinds of other claim
CONCLUSION AND REQUEST: For all the reasons explained above and to be taken into account by your Court ex officio,
1- ACCEPTANCE OF OUR LEGAL OBJECTIONS against the transaction made against the client,
2- Ankara Traffic Inspection Branch Directorate of Traffic Regulation and Supervision Bureau ../../…. Date and .. Serial No, …….. CANCELLATION of Traffic Administrative Fine Decision Minute with Serial Number (issued by Police Officer B… C… with Registry Number of ………),
3- We submit and request that it be decided to REMOVE THE PENALTY determined by the report. 19/12/2021
Objecting to the Minute
A…. B…. Deputy
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