…… TO THE JUDGE
THE OBJECTOR :
TC ID NO :
address :
attorney :
DEFENDANT:
SUBJECT OF APPEAL :
TRANSACTION DATE : …/…/…
SUBJECT : It consists of our petition, which includes a request to appeal the process of revoking the driver’s license for six months and … a fine of TL.
A C I K L A M A L A R
1-) … /… /… on the date of …:… As a result of the measurement with the alcohol meter device during the traffic control, the client was found to be promil alcoholic, the case was established, the Forensic Medical Institution to which the client was sent on objection to the measurement of alcohol … by the Head of the Group ..:..as a result of the analysis on the blood sample taken from the client, the ratio of alcohol in his blood.. it has been determined that promil.
2-)Article 48 of the Road Traffic Code No. 2918. article 5. as a result of the determination made in the paragraph, drivers who are found to be driving with alcohol for more than 0.50 promil, even if it constitutes a real crime, will be fined an administrative fine of 700 Turkish liras and the driver’s license will be revoked for six months. For drivers who use vehicles other than private cars as alcoholic beverages, the lower limit of promil is applied as 0.21. A person whose driver’s license has been revoked for driving while intoxicated, within five years from the date of the last violation; an administrative fine of 877 Turkish Liras is imposed for the second time, and if the driver’s license is issued for two years, and for more than three or more, an administrative fine of 1,407 Turkish Liras is issued, and the driver’s license is withdrawn for five years at a time.If the driver’s license has been temporarily revoked for any reason, the specified periods are subject to the provision that they begin at the end of the temporary period of receipt. 97 of the Highways Traffic Regulation. in the article, drugs, hypnosis, Psychotropic Substances, natural and synthetic like properties and exhilarating because he bought you drink alcohol with those who have taken on the highways safe riding abilities of people who have lost their decreed that a vehicle is allowed to drive, the rest of the item; taxi or minibus, car, van, bus, truck, tractor, such as public service vehicles, cargo and passenger transportation official drivers of cars with drivers, alcoholic drink took these tools as they can’t drink alcohol other vehicle drivers to be detected using the car as he took the amount of alcohol in their blood ..if the driver objects to the determination made with the device, the amount of alcohol in his blood will be determined, if the analysis is not possible in the police criminal laboratories, the driver will be sent to the nearest medical institutions with technical and medical facilities that can be analyzed under the forensic medical centers and the Ministry of Health to determine the amount of alcohol in the blood of the driver, in the absence of the possibility of determining the amount of alcohol in the blood with a technical device and in a laboratory by taking blood, it is stated that drivers who are found to be driving while intoxicated will be referred to the nearest official medical institution and undergo a routine alcohol examination by a doctor of this institution.
3-) After the determination of the client’s drinking during the traffic control, the decrease in the blood alcohol content in the period up to the analysis to be carried out at the Forensic Medical Institution upon objection to this measurement is in accordance with the usual course of life. However, in the event, this is about the time frame .. given that it is the hour, the rate of alcohol in the blood during this time .. promilden .. it is not possible to drop the promile. In this case, with the determination made in accordance with the article of the regulation, it is clear that the alcohol content in the client’s blood remains below the limit provided for in the regulation.
4-) In order to cancel this transaction, which was established in violation of the provisions of the law and regulations, it was necessary to open this case.
LEGAL REASONS : 2918 P. K. m. 48, Highways Traffic Regulation m. 97
CONCLUSION AND REQUEST: For the reasons mentioned above, we respectfully request that the defendant’s driver’s license, which was established by the defendant’s administration for six months, be withdrawn and the TL fine be canceled, the trial costs and the power of attorney be charged to the defendant. …/…/…
The Appellant’s Deputy
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