How long does a court fine stay on your record?

How long does a court fine stay on your record?

Judicial deposit example

The little piece of paper that the parking enforcement officer has left on the windshield or the photos that may have been taken by the radar camera or the traffic light camera: many drivers live with the anguish of traffic fines arriving at home. It is normal for the notification to occur and to do so relatively soon, but many times time passes and it is not received. What happens in these cases? Do these fines expire? What happens during the state of alarm?    We solve all the doubts about it.

Depending on the type of infraction committed, the deadlines that the Administration has to communicate it are different. The Law on Traffic, Circulation of Motor Vehicles and Road Safety establishes a maximum of three months if the infraction is minor and a maximum of six months if it is serious or very serious.

If the communication does not take place within the aforementioned periods, you can consider it time-barred.  But be careful: it is one thing if there is no record of such communication and quite another if it has not taken place.

How long do the police have to notify a fine?

If you receive a traffic fine, you will always have the right to present allegations if you disagree with the facts that you have been notified. You will be able to provide documents that you consider may provide data or information that has not been taken into account or is erroneous in the presentation of the allegation. These allegations will be taken into account by Traffic before drafting the corresponding resolution proposal.

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If you pay the fine in the voluntary period and you benefit from the 50% reduction, it is understood that you waive the right to present allegations. Therefore, any appeal or allegation that you file after having paid the fine in the voluntary period will have no effect. Likewise, when you file an appeal, you lose the right to the 50% discount, so if your appeal is rejected, you will have to pay 100% of the fine.

In the event that you file an allegation or an appeal, we analyze them and we will respond with a final resolution. In the first case, you can continue claiming through administrative channels by means of an appeal for reconsideration. In the second case, you could go directly to court through a contentious-administrative appeal, for which you would need a lawyer and a solicitor.

Payment of court fines

If you have received the notification of a traffic fine, you must check who has fined you, check your address details and make the payment. Remember that you have 20 calendar days to pay with a 50% reduction.

Failure to identify the driver, in any of the mandatory cases, is considered a very serious infraction, which entails an additional penalty of double or triple the amount of the original fine.

If you have received a fine notice and you are going to pay it, we advise you to read it carefully and check the details of the fine. Once you have checked that everything is correct, you can proceed to pay it.

Any appeal or allegation you file after having paid the fine in the voluntary period will have no effect. By filing an appeal you lose the right to the 50% discount, so if your appeal is rejected, you will have to pay 100% of the fine.

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Once the period of 45 days from the notification of the fine has expired, if you have not paid, the fine will be sent to the State Agency of Tax Administration, which will be in charge of collecting it with a 20% surcharge.

Appointment of a judicial depository

There are two options. You can go to the Court of the place where you were given the ticket in person or you can apply for review of the ticket online. It is not the court closest to your residence, but the place where you received the ticket.

To file for review, you must download the applicable form, complete and sign it. Then, you must send the document, with a copy of the traffic ticket, to the e-mail address of the judicial region that corresponds to the place where the ticket was issued.

If any person is unable to appear remotely, he/she must inform the appropriate Court in writing. The Court may provide a space to connect to the hearing, after prior coordination in this regard.

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