Officer, I Refuse. On the Irrevocability of a Traffic Ticket

If you fail to give way when a tram is approaching, you will pay 250 PLN. Like talking on the phone while holding the device in your hand? Be ready for a 200 PLN fine. If you occupy more than one traffic lane on the road, you could face a 150 PLN penalty. The new fine tariff means higher sums for infractions, and police statistics show that only 5% of such situations end with a caution. For all others, a penal ticket (fine) is issued.

Financial sanctions in Poland are not high. While in Scandinavian countries there is no upper limit on fines for certain offenses, a Polish driver speeding can pay at most 500 PLN. Is a ticket always unchallengeable, when does it become time-barred, and why does the responsibility fall on the officer to demonstrate and prove that a violation of road law actually occurred? The topic is commented on with examples by Mateusz Górny, a lawyer at the National Driver Settlement Center (OCRK). Pursuant to Article 97 of the Code of Procedure in Petty Offense Cases, a penal ticket may be imposed only in the following cases:

1. when the offender is caught red-handed (in flagrante delicto) or immediately thereafter;
2. when a person authorized to impose a fine by way of a ticket establishes the commission of the petty offense visually in the absence of the offender, and there is no objection as to the perpetrator of the act (their identity must not raise doubts);
3. a person authorized to impose a fine by way of a ticket establishes the commission of a petty offense using a control-measurement device or recording equipment, and the offender was not caught red-handed or immediately thereafter. In this case, too, there must be no doubt as to the identity of the perpetrator.

Due to the fact that police officers are rather rarely eyewitnesses to a road incident, upon arriving at the scene they listen to the testimonies of the victim and the perpetrator. If they are consistent and do not raise doubts in connection with the extent of damage to the vehicles, then official actions end quickly—namely, with the issuance of a ticket. The only legal consequence for the perpetrator is then the fine and penalty points. However, if there is a discrepancy between the statements, the case is referred to court, which often involves a lengthy procedure and court costs borne by the person found guilty. In this light—as assessed by OCRK lawyer Mateusz Górny—a ticket appears to be a milder form of resolution for the citizen.

Thank You, I Refuse

When a driver is convinced that they did not commit a given petty offense, they have the right to refuse to accept the ticket. Let us explain this with an example. The driver managed to pass through an intersection before the red light turned on, but the officer holds a contrary view. What happens then? The police officer imposing a fine on the driver by way of a ticket is obliged to inform them of their statutory right to refuse to accept the document. In the event of such a decision, the relevant institution whose employee conducted the check applies to the court with a motion to punish the offender. Crucially, it will be the officer’s obligation to demonstrate and prove that a violation of traffic law actually occurred—which in this case means running a red light. If the case goes to court, police officers are obligated to secure evidence, witness statements, and present the case before the court.

Often in such situations, an expert opinion is necessary. The judge interviews the parties to establish all circumstances of the disputed event, after which a ruling is delivered. Evidence may include: footage recorded on a dashcam video cassette or memory, a photo taken by a speed camera, and other documented findings serving as evidentiary material. Importantly, the court is not bound by any statutory or formal evidentiary rules in assessing the evidence (this is the so-called free evaluation of evidence principle), meaning that neither party is privileged. Understandably, however, the opinion of the inspecting officer is highly valued—adds Mateusz Górny from OCRK.

The Case Becomes Time-Barred (Statute of Limitations)

The statute of limitations for petty offenses expires one year from the date the offense was committed. It should be noted that imposing a fine by way of a ticket on a perpetrator caught red-handed or immediately after the offense is possible only within 14 days from the date the prohibited act was discovered. After this deadline, the officer loses their authority to issue a ticket, and the perpetrator can only be punished by submitting a motion to the court for punishment—says Mateusz Górny.

Where the commission of the petty offense was determined visually by the officer in the offender’s absence, the deadline within which a ticket may be issued is 90 days from the discovery of the act.

With respect to offenses recorded by speed cameras or other devices of this type, the ticket may be issued at the latest within 180 days from the date of the incident.

It is also worth mentioning Article 101 of the Code of Procedure in Petty Offense Cases regarding the revocation (annulment) of a ticket. Such a possibility exists, but it only applies when a fine was imposed for an act that is not prohibited as a petty offense. This means that if a ticket is issued for the lack of, for example, a first-aid kit, reflective vest, or jack—items that do not constitute mandatory vehicle equipment—such a ticket can be overturned despite its finality. Note: revocation takes place upon the application of the punished person submitted within 7 days from the date the ticket became final, or ex officio—notes the OCRK lawyer.

Let us add that the body that can revoke a final penal ticket is the court competent to hear the case: the district court (sąd rejonowy) in whose area of jurisdiction the fine was imposed.

Unchallengeable

Demonstrating that one was accused and punished for an act that does not constitute a petty offense is basically the only possibility of overturning a ticket. Accepting the penalty constitutes an admission of guilt.

In this way, the legislator safeguarded against the possibility of a citizen appealing after the fact against a decision that was issued and accepted. “Answering the question posed at the very beginning: unless the penalized driver has irrefutable proof contradicting the commission of the offense, they should accept the ticket. All the more so because financial sanctions in Poland are not regarded as very high compared, for example, to Scandinavian countries, where for certain offenses there is no upper ceiling on fines. The maximum sanction in the case of speeding is 500 PLN”—adds Górny.

Magdalena Kuzmecka