In recent days we have been talking to you, at length, about the fines appealed by the General Directorate of Traffic and concepts such as the discount for prompt payment of fines. We told you, for example, that according to Associated European Motorists, half of the fines appealed in court end up being annulled. And today’s is precisely a good example. A driver would have won the appeal of a fine from the DGT of 200 euros, calling into question the presumption of veracity of the agents of the Civil Traffic Guard. Now, what is the true background of this story?
A fine of the DGT of 200 euros annulled
As the Herald, David, tells us, a driver was fined 200 euros for not respecting a yield sign. It happened in August 2019, immediately after having suffered an accident at kilometer 233 of the A-68, having collided with another vehicle.
The agents of the Civil Traffic Guard who attended the accident concluded that the cause had been the infraction committed by this driver, who did not respect the corresponding signal to give way. And, in addition to reflecting it in the corresponding report, decided to initiate a sanction procedure to penalize the driver for the offense committed.
The driver considered the sanction unfair and decided to initiate the procedures established by the DGT to appeal this sanction. Initially, the Zaragoza Provincial Traffic Headquarters would have dismissed the appeal. But the driver continued with his claim, after hiring a lawyer, until the Administrative Litigation Court number 5 ruled in his favor, annulling the fine for understanding that there was insufficient evidence to justify the sanction and questioning the presumption of veracity attributed to law enforcement officials, in this case the agents of the Civil Traffic Guard.
What is interesting about the case lies precisely in the fact that, since they were not witnesses to the offense, the courts have ruled that the officers cannot initiate a sanction procedure for the driver. And this fact is independent of the fact that, indeed, the violation of not respecting the priority of passage in a yield had occurred and would have triggered an accident and, therefore, both in the police report, and in the resolution insurance companies, it is considered that the sanctioned driver was also the cause of the accident.
Definitely, the ruling of the Administrative Litigation of Zaragoza confirms a remarkable fact regarding traffic accidents. Regardless of whether the causes of an accident are proven and recognized by the drivers involved, the culprit, who has triggered the accident, should not be punished if there is no reliable evidence or the Traffic officers have witnessed the infraction. Obviously, these types of remedies would not have prospered in claims in which the driver’s infraction can be verified, as would have been a case of driving under the influence of alcohol and other drugs.
More reports and guides on the DGT
– How to appeal a traffic fine: deadlines and what to argue in each case
– What is the discount for prompt payment of fines?
– Half of the fines appealed by the DGT end up annulled