So, be aware that the law guarantees your right to appeal a traffic ticket, as per article 5, section LV of the Federal Constitution. In this text, we will learn how to appeal a traffic ticket from the DETRAN (Department of Motor Vehicles).

So, we're going to explain how to appeal a traffic ticket and avoid having your driver's license revoked.

First of all, be aware that there is a difference between being fined and being issued a citation.

Okay, so when you commit an infraction, the traffic officer only records the incident; in other words, you will be issued a citation, not a fine.

Therefore, it is from this citation that a fine will be generated, which is the amount to be paid by the offender.

Therefore, it's important to be aware that many times traffic violations can be mistakenly attributed to a driver; in other words, you weren't driving the vehicle or you didn't even pass by the location of the infraction.

Therefore, it's a good idea to prepare to appeal these fines, so that in addition to avoiding financial loss, you also won't risk losing your driver's license.

DETRAN is the State Department of Traffic and is part of the National Traffic System (SNT), an organization made up of various bodies spread throughout the national territory.

The basic objective of DETRAN is to manage and oversee vehicle traffic, such as when you need to register your vehicle.

He is also responsible for participating in the training process for new drivers.

In general, we can highlight the following activities carried out by DETRAN:

1. Monitoring compliance with traffic regulations;

2. Training of new drivers;

3. Licensing, registration, inspection and transfer of ownership of vehicles, among others;

4. To collect taxes, such as the IPVA (Vehicle Property Tax) and DPVAT (Mandatory Traffic Accident Insurance);

5. Promote traffic awareness campaigns for drivers and pedestrians alike.

It's important to remember that the Department of Motor Vehicles (DETRAN) isn't always the one that issues the fines.

Therefore, if you receive a notification, make sure you know which issuing body it was so you can appeal to the correct place.

Well, not all types of fines are issued by the DETRAN (Department of Motor Vehicles). Generally, the fines that the DETRAN applies relate to the vehicle's documentation and conditions, such as outdated registration, non-payment of IPVA (Vehicle Property Tax), and irregularities with the vehicle's license plate.

Thus, municipal traffic enforcement also issues fines for irregularities related to vehicle circulation, parking in prohibited areas, parking illegally, and exceeding passenger or cargo limits.

First, you must ensure that the address on the vehicle's registration document is correct.

If a citation is issued, the notification will be sent to that address.

Therefore, you could be fined, and if your registration is out of date, you won't know you've been fined because you won't receive the notification, and as a consequence, you'll miss the deadline to appeal the fine.

So pay attention to this detail!

So, be aware that appealing a fine is a citizen's right.

It's important to remember that even if the vehicle owner is not the one who committed the infraction, they will always be responsible for paying the fine.

Therefore, if the infraction was not detected during a traffic stop, in which case the enforcement authority would identify the driver, the owner may designate the responsible driver.

The designated driver, whether or not they are the owner, will have the points added to their driver's license.

So, when the owner receives the Notice of Violation, they can then present their defense.

Formal errors are very common when filling out the official notification form or opening an administrative process. And these errors can work in your favor.

Therefore, errors may occur in the information presented, such as the car's license plate number, make and year of manufacture, location of the infraction, among others.

Furthermore, errors can occur regarding the merits of the citation, since, as we all know, Brazilian laws, including traffic laws, are very conflicting.

And in many cases, two different laws can interpret an infraction in contradictory ways.

For example, it is prohibited to drive in the bus-only lane, but it is also permitted to use that lane to make a turn.

Therefore, this infraction can be interpreted in two different ways, and this contradiction could invalidate the fine.

Therefore, if you receive a notification, check the deadline for submitting an appeal.

Then, if you believe there are grounds to appeal the notification, you will have 3 steps to complete to have the fine annulled.

The first is the Preliminary Defense, which can be filed as soon as you receive the Notification. Therefore, pay attention to the deadline!

To do so, you must go to a DETRAN office and obtain the Appeal Form.

If the outcome of the Preliminary Defense is negative, you must file an appeal in the First Instance.

In some states, the process can be done online. To find out, visit your state's website and check if this is possible.

If the appeal requested in the first instance is also denied, you may then appeal to the second instance.

Therefore, it's worth appealing a traffic ticket. This is because, if the appeal is successful at any stage, in addition to not having to pay the fine, you also won't have points added to your driver's license.

Furthermore, be aware that if you follow all the steps correctly, you can contest any fine.

Just be aware of the deadlines and know that this is your right!

And if you want to learn some tips for those who are just starting out behind the wheel, click on our content below to find out more!