Filing an appeal against any kind of sanction is a constitutional right of all Spaniards. Defending one's rights should not be viewed as an act of defiance or disobeying the authorities.

 

Also, the time it takes for an appeal to be decided does not carry an obligation to pay interest, although the government does prefer people to pay fines right away, and offers discounts for those who do so. Thus, those who pay the fine before the appeal is settled can get a reduction of up to 30%.

 

As is the case in any legal proceeding, before appealing a traffic ticket it is best to consult with a professional or a firm that specializes in this area. Among other things, the expert will explain the importance of meeting the legal deadlines for appealing (15 days from the time you receive the ticket).

 

The government has three months and 30 dias to advise the plaintiff of its decision on whether to uphold the fine.

 

All fines have different legal requirements, and with each one you should check to see if there is some loophole that will help your appeal succeed. It is not enough for an officer to stop you and tell you verbally what you did wrong. He or she must specify in writing the article or articles of the traffic code that you are alleged to have violated. Interpreting the possible violation is not enough. The office must specify the infraction. The documentation of both the police or civil guard and the motorist must appear on the ticket without an errors or ambiguities.

 

Once you have chosen to file an appeal, you have 15 days from the time you receive the fine at home or take delivery of it from the police officer, regardless of whether you agreed to sign it or not.

 

The appeal must include the number of the fine, with all personal data and the reasons you think the government should drop the fine. In other words, the appeal forces the authorities to provide the proof they have against the person who was fined and do so in the space of three months.

 

The response to the appeal must include a proposed resolution from the agent who wrote up the ticket, either confirming or changing his initial position. If the fine is confirmed, the plaintiff must pay it.

 

But if the plaintiff wants to keep fighting, he or she has 10 days to go to court and file an administrative complaint. This requires a lawyer. In this way, the court costs and confirmation or annulment of the fine depend on the final resolution of the appeal.

 

All traffic fines have a statute of limitations that varies depending on the gravity of the infraction. It is three months for minor infractions six for serious ones and a year for very serious ones.