Contesting a traffic ticket? Free legal advice!
Questioner
Dear lawyers, I recently received a fine from the CJIB for driving over a displacement area. I appealed because I cannot remember this. The Public Prosecution Service has now rejected the appeal, because the officer in question says that he saw this happen. The officer also states that a tinted man was behind the wheel. However, this is impossible, since I am a (white, small) woman, I have never lent my car and I was already at work at the time of the described violation. However, this is difficult to prove since I am always the first at work and we do not have a clock-in system. I have the idea that the officer might just be trying to pull a prank on me (I really don't know why, but the explanation is completely wrong). For example, the officer in question waited until the last day to hand in a statement, etc. What should I do with this now? Because I can take it to court, but I have the idea that they will blindly follow the officer's word.Lawyer
Do you mean that you have objected to the traffic fine and the Public Prosecutor has rejected it? If you have only objected, you can appeal against this to the subdistrict court. You must first file an appeal with the Central Processing of the Public Prosecution Service (CVOM). This must be received by the CVOM no later than 6 weeks after your objection has been rejected by the Public Prosecutor. There are also a number of things that you must mention. In fact, you must now pay the fine, but if you are unable to do so, you must indicate this in the appeal and the subdistrict court will review this. The CVOM will review whether the decision on the objection was taken correctly. If he finds that it is, he will transfer it to the subdistrict court. You may be summoned to a hearing. It seems to me that the CVOM, or the judge, cannot blindly follow something. Just seeing something is not enough in my opinion and the way the officer describes you is therefore also incorrect. It seems to me that the judge will not simply assume that it was you. You may not have any evidence, but in fact the officer does not either. You may be able to ask your employer or other colleagues to make a statement that you were simply at work. Or perhaps if you work with computers, that they can see that you were logged in. Just to name a few.Neem de volgende stap
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