Appeal against the decision of the magistrate. Appeal against the decision of the justice of the peace in the case of an administrative offense

Prepared by the lawyer: Sample Complaint against the decision of the justice of the peace of the court district No. ___ of the Gatchinsky district Leningrad region, in the case of administrative offense.

A complaint
against the ruling on the case of an administrative offense dated March 18, 2014 No.

On March 18, 2014, the justice of the peace of the Gatchinsky district of the Leningrad region at the court site No. 00, ___FULL NAME___, having considered the material on an administrative offense in relation to Surname First Name Patronymic, 00.00.0000 g.p. decided to find him guilty of committing an administrative offense, under Part. 1 Article. 12.26 Administrative Code, subjecting him to an administrative penalty in the form of a fine of 30 000 RUB. and deprivation of the right to drive vehicles for a period of 1 year 7 months.

I disagree with this decision for the following reasons:

During the trial, the arguments that were cited in support of the position of ___FULL NAME___ were initially perceived by the court with skepticism and absolutely not seriously.

I believe that ___FULL NAME_ did not commit an administrative offense, did not refuse to undergo a medical examination for intoxication. However, the testimony of my client during the ruling was not evaluated by the court. The contradictions between the testimony of __FULL NAME__, witness __FULL NAME__ and the testimony of the traffic police inspector __FULL NAME__ have not been eliminated.

ASK:

1. To cancel the decision of the justice of the peace of the court district No. 00 of the Gatchinsky district of the Leningrad __full name__ dated March 18, 2014 in case No. 0-00 / 2014 on the imposition on __full name__, administrative punishment in the form of a fine of 30 000 RUB. and deprivation of the right to drive vehicles for a period of 1 year 7 months, the proceedings are terminated.

Appendix:

1. A copy of the minutes of the interview __FULL NAME__

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To ______________ District Court
cities _________
___________________________

___________________________
The address: ______________________

APPEALS
to the decision of the magistrate
(in the case of an administrative offense)

By the decision of the justice of the peace of the court district No. ____ district ____________ of the city _____ dated __________, in relation to me, ___________________, a decision was made to find me guilty of an administrative offense under Art. 12.15 p. 4 of the Code of Administrative Offenses of the Russian Federation.
I do not agree with the decision of the justice of the peace _____________ on the following grounds.
1. Overtaking was carried out by me without leaving the lane of oncoming traffic. The judge did not give an assessment to my arguments that during the detour, the car ____________ turned into right side that I made a detour without leaving the oncoming lane.
The traffic police car was moving in the same direction behind me, about ____ meters from the place of the offense imputed to me. Consequently, the traffic police officer was at a fairly significant distance and is mistaken that I drove into the lane intended for oncoming traffic. The car __________ moving in front of me turned on the turn signal to the right and began to make a maneuver. making a maneuver to bypass the car ___________, considering that it was turning to the right, I was sure that I would not go out into the oncoming lane when I made a detour.

After that, the traffic police car overtook my car and drove forward. The traffic police officers stopped me only after about 4 kilometers from the place of the administrative offense imputed to me.
Thus, I did not go to the side intended for oncoming traffic. In my actions there is no offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, and there is an offense under Part 1 of Art. 12.15 Administrative Code of the Russian Federation: “1. Violation of location rules vehicle on the carriageway of the road, oncoming passing or overtaking without leaving on the side of the carriageway of the road, intended for oncoming traffic, ... ".
Despite this, the court concluded that the decision to bring me to administrative responsibility was justified in accordance with applicable law.
Moreover, on this day I was going to my father, who suffered a heart attack the night before, in connection with this I signed a protocol with which I did not even read.
Based on Part 1 of Art. 4.2 of the Code of Administrative Offenses of the Russian Federation, circumstances mitigating administrative responsibility are recognized:
committing an administrative offense in a state of strong mental agitation (affect) or in the event of a combination of difficult personal or family circumstances.
2. When making a decision, the judge was guided only by the report of the traffic police officers and the scheme, which does not correspond to the actual circumstances of the case. At the same time, the protocol was not legible by the traffic police officer, it is difficult to read. The names of the traffic police officers are not known to me, and their names are also missing in the decision of the justice of the peace.
In accordance with clause 18 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise with the courts when applying the Code of Administrative Offenses of the Russian Federation”, when considering a case on an administrative offense, the evidence collected in the case must be evaluated in accordance with Article 26.11 of the Code of Administrative Offenses of the Russian Federation , as well as from the standpoint of compliance with the requirements of the law upon receipt (part 3 of article 26.2 of the Code of Administrative Offenses of the Russian Federation)”.
By virtue of the requirements h. 3 Article. 26.2 of the Code of Administrative Offenses of the Russian Federation, it is not allowed to use evidence obtained in violation of the law. Therefore, this report and the scheme are not proper evidence of the circumstances of the case and my guilt.
3. In addition, my son ___________________ was not summoned to the court session, who at that time was in my car and is a witness in this case. Only on the basis of his and my testimony could a correct conclusion be made about the presence or absence of an offense.

In connection with the foregoing, as well as Art. 30.1, 30.7 of the Code of Administrative Offenses of the Russian Federation on which I base my claims,
ASK:
1. Cancel the decision of the justice of the peace of the court district No. ____ of district _______ of ______ in relation to _______________________.

Appendix:
1. Copy of the appeal.
2. A copy of the decision of the justice of the peace of the court district No. ____ district __________ city _________.
3. Receipt of payment of the state duty.
4. Copy of the protocol.
5. A copy of the certificate of calling an ambulance.

" " __________________G. _________/___________/