Urban traffic is governed by a series of rules and regulations intended to ensure the safety of everyone involved. Among these rules, speed control is one of the most important measures for preventing accidents and keeping traffic flowing.
It is common, however, for drivers to receive speeding fines that can often be challenged, especially if the equipment was not “properly calibrated”—that is, if it did not undergo a mandatory inspection by Inmetro. Many drivers do not know that this can happen, causing some fines to be issued unfairly and making motorists lose their money in the process.
Fortunately, there are legal ways to appeal these penalties. In this text, we will explore the step-by-step stages for challenging speeding fines, all within the Brazilian legal framework.
How Can You Appeal a Speeding Fine?
If you receive a speeding fine and disagree with it, there are legal means to challenge it. When you receive the notice of violation at your home, you will see that the document contains information about the offense, including the date, time, location, and speed recorded by the radar. It should also include proof that the equipment was inspected, because if the inspection is out of date or there is a discrepancy, this already constitutes grounds for cancellation. The step-by-step process is as follows:
The First Stage Is the Preliminary Defense
After receiving notice of the fine, it is time to gather documents for the preliminary defense, which must be submitted to the traffic authority responsible for the fine. It is crucial to observe the deadline specified in the notice itself and not exceed it.
To prepare the preliminary defense, you must request the relevant information about the electronic radar from the authority and question its validity. It is advisable to attach copies of the notice, the National Driver's License (CNH), the Vehicle Registration and Licensing Certificate (CRLV), and other documents supporting the argument presented.
The authority responsible for the citation will review the driver's preliminary defense and decide whether to accept the arguments presented. If the defense is accepted, the fine is canceled. Otherwise, you can proceed to the next stage.
Submitting an Appeal to JARI
The driver has the right to appeal the penalty to the Administrative Board for Traffic Violation Appeals (JARI) of the traffic authority responsible for the citation. Remember that you have 30 days to do this, counted from the time you received notice of the preliminary defense's outcome.
https://www.flickr.com/photos/agenciasenado/52295094121/in/photostream/
The documents required for this stage are the same as those requested for the previous preliminary defense. Given the earlier negative decision, however, it is advisable to gather more evidence to strengthen your arguments. It is important to base your claims on the Brazilian Traffic Code (CTB) and on data obtained from the Inmetro Portal about the equipment used to measure the speed.
If the appeal to JARI is denied again, one final opportunity for a defense arises before the State Traffic Council (CETRAN). The deadline for this action remains the same: within 30 days after notification of JARI's decision.
Appeal to CETRAN or CONTRAN
If the appeal to JARI is denied, the driver still has the option of appealing to the State Traffic Council (CETRAN) or the National Traffic Council (CONTRAN), depending on the sphere of authority. Once again, the documents to be attached at this stage are the same as in the previous stages, but again try to strengthen your argument even further to reduce the chances of another denial.
Although there is no guarantee that the appeal will be accepted, elements such as a lack of radar inspection have led to the cancellation of fines for several drivers. It is therefore worthwhile to understand whether you are within your rights and seek cancellation of the fine, as this may produce a favorable outcome.
It is also worth emphasizing that even if all these appeals are denied, there is still the possibility of challenging the fine by opening a court case. This is a more complex process, however, and involves additional costs. In these cases, you should seek a lawyer who specializes in this type of claim and proceed with the petition to be taken to court if necessary.
