Challenging a Record of Violation

“I was fined for speeding, and my license was suspended for 3 months. Can I challenge the record?” asks one of our readers, who worries that this penalty might even lead to the termination of their employment contract.

According to Government Decree No. 2 of 2001 on minor offenses, a record that establishes a violation and imposes a penalty can be challenged within 15 days of delivery, by filing a complaint with the court of jurisdiction in the location where the offense occurred.

The complaint has a suspensive effect on the enforcement of the imposed fine or other penalty, meaning the sanction cannot be enforced until a final court ruling has been made in the case. Based on the filed complaint, upon the request of the violator, the police are obliged to return the driver’s license.

When filing a complaint, the applicant is required to pay a fee of 20 lei.

A complaint can dispute either the legitimacy of the action taken or any formal deficiencies in the record.

The suspension of driving privileges for 90 days may only be ordered by the authority if our reader exceeded the legal speed limit by more than 50 km/h for the vehicle category on that road segment, and if the measurement was taken with certified equipment. At the request of the driver, the court will require the presentation of the recording made by the speedometer (radar), which must clearly show the vehicle’s license plate, speed, and the exact time of recording.

The record must include: the place and date of issuance; the official’s name, position, and the name of the institution they represent; the personal information of the violator, including their occupation and workplace; a description of the offense, including the time and place of occurrence; circumstances relevant to assessing the severity of the act; the law governing and penalizing the offense; the name of the insurance company in case of an accident; the option for the offender to pay half of the minimum fine within 48 hours, and the time limit for appeal, along with the name of the competent authority.

The record is considered invalid if it lacks any of the following information: the name and position of the official establishing the offense, the name of the violator (or, for a legal entity, its name and headquarters), the description of the act constituting the offense, the date of the offense, and the signature of the official establishing the offense.

It is a legal requirement that each page of the record be signed by both the official and the violator. If the violator is not present or refuses to sign the record, this must be noted in the record and supported by a witness. Another police officer cannot serve as a witness!

Prescription Deadlines: The enforcement of the imposed penalties lapses if the record is not communicated to the violator within 2 months from the date of issuance. The imposition of a fine becomes invalid if it is not issued within 6 months from the date of the offense.