Cancellation of Arrest Due to Traffic Accident

TO THE PRESIDENCY

OBJECT TO ARREST

DEFENDANT EDEN:…….

 

ATTORNEYS :…….

 

OBJECTED

DECISION :…… Criminal Court of Peace ../../…. date and ../…. Mut. Decision No.

 

SUBJECT : Our Demand for Decision to Release by Revoking the Detention Decision on Appeal.

EXPLANATIONS :1-Our client is the defendant ………., ../../…. ………. Official plate of the municipality.. . …… with the garbage truck with license plate number ……. While cruising from the direction of …… to …….., when he came in front of him, he realized that a person wanted to set off, and he warned himself by honking his horn by reducing his speed. The person who wanted to set off stopped for a while when he heard the sound of the horn, but then he suddenly rushed to the road to cross the street. Since there was a very short distance between him when he jumped onto the road, our client could not prevent the collision despite the defendant’s best efforts.

 

2-As it can be understood from the Traffic Accident Detection Report, the defendant, our client, has no fault in the incident that occurred.

 

3-…… 1 Criminal Court of Peace ../../…. date and ../…. With the Decision No. Inquiry, it was decided to release our client as there was no room for his arrest, considering the fact that he had a fixed residence, that the arrest was a precautionary measure and that the accident occurred, the Traffic Accident Detection Report and his fault status.

 

4-However, on the same day, the Public Prosecutor. ../…. Upon his objection from the file No. Hz…. Criminal Court of First Instance ../…. Mut. With his decision, it was decided to be arrested in absentia and he was brought to the Criminal Court of Peace on Duty ../…. With the decision numbered interrogation, the writ of arrest in absentia was translated into vikah.

 

5-Dear Public Prosecutor, regarding the release of our client ….. 1 Criminal Court of Peace ../…. He objected to the decision numbered interrogation, that the statement of the other witness of the incident, ………., taken by the Prosecutor’s Office, was not included in the documents at the time, and that our client was arrested in absentia, based on the nature of the crime and the evidence.

 

6- Witness ……… In his statement given to the prosecutor’s office, he states that his father was standing in the middle of the road in a way that would not prevent our client from passing, and our client hit his father very quickly and he saw this incident in the mirror of his own vehicle, which was stopped.

 

7- It is not possible for the witness ……… to see this incident, which took place in a very short time, in all its details from the mirror of his vehicle parked parallel to the road. When the Traffic Accident Detection Report is examined, it is obvious that the vehicle under the direction of our client is in its own lane. During the accident, our client’s vehicle is not very fast. On the day of the accident, the weather was very bad and the road was crowded and the traffic continued at normal speed in convoy. In his testimony during Ramadan, the witness states that our client did not help him at all, and that he did not even come to the clinic where he took his father. However, our client helped the person he hit as soon as he got out of the vehicle and took him to the clinic. His other friend, who was with me, informed the Traffic Police.

 

8-Traffic Accident Detection Report As stated by the Honorable Public Prosecutor in the Petition of Appeal, our client is in the same vehicle as the accused ………. not drawn according to the statement. When the Traffic Police arrived, the accident vehicle was still on the road. After the Traffic Cops examined the scene, they requested the vehicle to be removed and the vehicle was pulled from the road thereupon.

 

9-As we mentioned above, our client has no fault in the incident that occurred. Our client did his best to prevent the incident from happening, but despite all his efforts, he could not prevent the incident from happening. Although our client has no fault in being deeply saddened by the occurrence of the incident, he suffers from remorse.

 

10- Our client, the accused is married, has three children and has a fixed residence. ………. He works as a driver in the municipality. Evidence has been collected and it is not possible to destroy and obscure the evidence.

 

RESULT OF THE REQUEST: Considering that the detention is a precaution, the way the accident occurred, and the defect situation, taking into account the reasons given and the content of the investigation document, the arrest warrant should be lifted and our client’s release be decided against the bail that your court may deem appropriate, in order not to cause victimization of our client and his family. Thank you.

ATTORNEY’S ATTORNEY

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