XXXXXX TO THE NIGHT MAGIC COURT
DEFENDANT: XXXXXXXXX, TR: XXXXXXXXXX
ADDRESS:
ATTORNEY: (if any)
ADDRESS : (if available)
OBJECTION TO THE DECISION
ESTABLISHED INSTITUTION : ….. Traffic Inspection Bureau
ADDRESS :
SUBJECT : ….. our objections to the traffic administrative fine report dated 03/07/2021 and numbered XX Series XXXXXX and the driver’s license revocation report numbered XXXXX.
descriptions
Our client is a German citizen and came to XXXX for vacation. On 03/07/2021, he drank alcohol while watching a match in a restaurantur client is a German citizen and came to XXXX for vacation. On 03/07/2021, he drank alcohol while watching a match in a restaurant. After the matcOur client is a German citizen and came to XXXX for vacation. On 03/07/2021, he drank alcohol while watching a match in a restaurant. After the match, he got into his car with the license plate XXXXXX, which he rented from the car rental company, and returned to his accommodation.
When the client returned to his residence, he was stopped by police officers at a routine traffic checkpoint conducted by the XXX Traffic Inspection Bureau located at the XXXX Street location and subjected to an alcohol examination and examination.
The client, who blew into the promilmeter to assist the police officers, was measured to have a blood alcohol level of 0.24 promil.he client, who blew into the promilmeter to assist the police officers, was measured to have a blood alcohol level of 0.24 promil. October October 2021, without even considering the license of the vehicle rented and used by the client (ANNEX-1), the driver’s license and identity card were he client, who blew into the promilmeter to assist the police officers, was measured to have a blood alcohol level of 0.24 promil.
October 2021, without even considering the license of the vehicle rented and used by the client (ANNEX-1), the driver’s license and identity card were taken and the minutes of the administrative fine dated 03/07/2021 and serial number XXXXXX (ANNEX-2) were notified to him on 03/07. the driver’s license cancellation record with the date 2021 and serial number XXXXX (Oct-3) has been issued. Paid paid the relevant penalty by the client in order to benefit from the legal discount for early payment.
When the driver’s license revocation report dated 03/07/2021 and numbered XXXXX is examined, it is seen that the purpose of use of the vehicle is written as “Special”. When the license of the vehicle is examined, it is seen that the purpose of use is recorded as “Special” according to the official license of the vehicle.
Article 48/5 of the Highway Traffic Law No. 2918rticle 48/5 of the Highway Traffic Law No. 2918 according to the article, “Drivers who are found to be driving under the influence of alcohol more than 0.50 promil as a result of detection are given an administrative fine of 700 Turkish Liras and their driver’s licenses are revoked for six months, even if it constitrticle 48/5 of the Highway Traffic Law No. 2918 according to the article, “Drivers who are found to be driving under the influence of alcohol more than 0.50 promil as a result of detection are given an administrative fine of 700 Turkish Liras and their driver’s licenses are revoked for six months, even if it constitutes an actual crime.” the judgment is contained.
The legal limit for alcohol for drivers who use vehicles other than private cars is 0.21 promil. According to this regulation, the purpose of use of the relevant vehicle is determined as 0.50 promil if it does not belong to a natural or legal person in the driver’s license and is “Private”, and 0.21 promil if it is “Commercial”.ccording to this regulation, the purpose of use of the relevant vehicle is determined as 0.50 promil if it does not belong to a natural or legal person in the driver’s license and is “Private”, and 0.21 promil if it is “Commercial”. According to this regulation, trucks, vans, taxis, minibuses, buses, minibuses, etc. it is aimed that commercial vehicle drivers should be more careful than private vehicle drivers due to their activities and limit their alcohol consumption even more.
In the incident experienced by the client, although the vehicle was registered in the name of the legal entity company, the vehicle with the registration document that was in the client’s use according to the license was allocated and registered for “private” use. The vehicle used by the client is a Fiat Brand Fiorino Modeln the incident experienced by the client, although the vehicle was registered in the name of the legal entity company, the vehicle with the registration document that was in the client’s use according to the license was allocated and registered for “private” use.
The vehicle used by the client is a Fiat Brand Fiorino Model. Although the vehicle may seem to be manufactured for commercial purposes in terms of its appearance and use, the legislation of our country allows such vehicles to be registered as “PRIVATE” and not “COMMERCIAL” if the necessary fees are paid during vehicle license registration. As a matter of fact, the vehicle used by the client is also a vehicle registered as “PRIVATE” in the same way.
However, the police officers in charge prejudiced the vehicle only on the basis of its external appearance, regardless of the license, and used the purpose of the law they justified the report with in an unlawful and improper manner.owever, the police officers in charge prejudiced the vehicle only on the basis of its external appearance, regardless of the license, and used the purpose of the law they justified the report with in an unlawful and improper manner.
Because, if the necessary checks had been made in accordance with the law, the vehicle rented and used by the client would have been registered as “PRIVATE”, so since the legal alcohol limit allowed by law in such vehicles is 0.50 promil, administrative sanctions cannot be applied to the client on the grounds of a limit of 0.24 promil, there is a clearly mandatory provision in the law.
As a matter of fact, the Istanbul Regional Administrative Court 8. Administrative Litigation Department 2018/752 E. 2018/1004 K. and 30/05/2018 T.s a matter of fact, the Istanbul Regional Administrative Court 8. Administrative Litigation Department 2018/752 E. 2018/1004 K. and 30/05/2018 T. “In the lawsuit filed with the request to cancel the transaction, although it is a minibus, the purpose of use is registered as “private”,
the vehicle is registered in a commercial enterprise asset or it cannot be determined that it is used for commercial purposes, there is no compliance with the law in the transactions that constitute the subject of the lawsuit, which was established on the basis of the legislation that should be applied to commercial vehicles only because it is a minibus …”, the provision is clearly regulated.
From the point of view of the task, the authority to appeal traffic administrative fines belongs to the Criminal Magistrates within the Supreme Court of Cassation, but in our legal system, there are different decisions of the dispute courts on different dates in cases / appeals filed for cancellation of driver’s license cancellation, and no consensus has been reached.rom the point of view of the task, the authority to appeal traffic administrative fines belongs to the Criminal Magistrates within the Supreme Court of Cassation, but in our legal system, there are different decisions of the dispute courts on different dates in cases / appeals filed for cancellation of driver’s license cancellation, and no consensus has been reached. However, by the legislator, the 112th amendment of the SK No. 2918. in the article;
With the amendment (AMD ARTICLE RGT: 02.08.2013 OG NO: 28726 LAW NO: 6495/20 2918) “The criminal courts of peace decide on the revocation and cancellation of driver’s licenses.th the amendment (AMD ARTICLE RGT: 02.08.2013 OG NO: 28726 LAW NO: 6495/20 2918) “The criminal courts of peace decide on the revocation and cancellation of driver’s licenses.” It has been clearly established that the criminal courts of peace are competent in this matter, and the discussions on this issue have been put to an end.
RESULT and DEMAND
For the reasons described above and to be taken into account ex officio,
CANCELLATION of the traffic administrative fine dated 03/07/2021 and numbered XXX Serial XXXX serial issued by the Alanya traffic control bureau in violation of the procedure and the law about the client and REFUND OF THE AMOUNT PAID BY THE CLIENT, issued by the Alanya traffic control bureau about the client of the traffic administrative fine dated 03/07/2021 and numbered XXX Serial XXXX serial issued by the Alanya traffic control bureau in violation of the procedure and
CANCELLATION of the traffic administrative fine dated 03/07/2021 and numbered XXX Serial XXXX serial issued by the Alanya traffic control bureau in violation of the procedure and the law about the client and REFUND OF THE AMOUNT PAID BY THE CLIENT, issued by the Alanya traffic control bureau about the client
CANCELLATION of the administrative sanction regarding the revocation of the driver’s license numbered XXXX dated 03/07/2021 and RETURN OF THE CONFIDENTIAL CLIENT’S DRIVER’S LICENSE,
Invoicing of trial fees and expenses to the opposite side of the lawyer’s office,
We supply and request that the decision be made by proxy. 08/07/2021
The Appellant’s Lawyers
DON’T HUNT.e supply and request that the decision be made by proxy. 08/07/2021
The AppellanWe supply and request that the decision be made by proxy. 08/07/2021
The Appellant’s Lawyers
DON’T HUNT. XXXXX
Evidence – Attachments:
1-) Photocopy of the license plate of the vehicle e supply and request that the dcision be made by proxy. 08/07/2021
The Appellant’s Lawyers