Appealing your fine

Questioner

I got a ticket a few weeks ago for not wearing my seat belt. It was true that I was not wearing my seat belt, but the police officer in question indicated that she had warned me several times before and that she was now completely fed up with it and that was why I got the ticket, while the officer in question had never warned me for any criminal offense before. The officer went to write out the ticket and then gave it to me. The officer never told me that I had the right to remain silent or anything like that, nor did she ever ask me for an explanation. To my surprise, the following was written in the box for the explanation: 'I forgot'. I never made a statement and never said that I forgot. My brother witnessed the entire situation. What can I do with this? Thank you in advance.

Lawyer

File an appeal as soon as you receive the decision. If desired, I can assist you.

Questioner

I was already convinced that I should appeal the fine, but I was more wondering on the basis of which article(s) of the law. And in addition, I wondered what I could do against the officer, because the officer behaved downright rude.

Lawyer

if the officer behaved rudely, you can file a complaint with the police complaints commission. look at www.politie.nl for the data, by filling in your postcode you will end up with the police in your area. if you were not wearing a seat belt, you are in violation and the officer can write you a ticket. If it turns out that the officer has tampered with the report by filling in things that you did not say, then you can still help. Object to the letter of the fine itself, read how that works.

Questioner

Hello, Thanks for the response. It is clear that I committed the act, but as far as I know there are also procedures to punish the act, but in my opinion these have not been followed correctly. I was wondering to what extent the Public Prosecutor takes this into account in an objection. Do you know how this works?

Lawyer

To be honest, the public prosecutor does not take anything into account very quickly. He or she assumes that your lawyer will bring it up. Usually, the public prosecutor sticks to his or her guns and maintains positions against better judgment. The public prosecutor may reject your objection, the judge may think differently.