Tuesday, March 30, 2021 – 07:45
Most of the penalties eliminated by the judges are those for speeding. Between 2017 and 2020 they were almost 8,000.
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Those who died on the road fall less than the movement
920,000 euros a day in fines
Spanish drivers are gradually losing the fear of going to court the sanctions imposed by traffic agents. However, it is still a minority who rebel against a fine and open litigation against the DGT. Normally, a user prefers prompt payment, which saves 50% of the amount of the penalty, to getting into those with togas. And yet a study by the Associated European Automobile Association (AEA) indicates that the odds of being successful in court are worth considering.
Drivers’ defense associations such as the AEA and other independent legal services companies are pushing their registrants to appeal the fines. But It is one thing that they can be judge and party and another that the statistics give them the reason. The report published by AEA is eloquent, since it indicates that 49% of fines of the agents on the highways are undone in judgments of the magistrates.
Most of the revocation of fines are related to speeding, because “the radar’s margin of error is not being applied correctly“, according to the AEA report, which also points out the 14-point increase in the number of court judgments favorable to sanctioned drivers“.
Another significant point is that, in addition, many judges are forcing the DGT to pay the costs of the process, in some cases forcefully, “for their recklessness in not having rectified the contested resolution, despite knowing that all the contentious-administrative courts of the city (…) maintain the same criterion on the margin of error, and that other Administrations are already applying it for some time without any problem “, as stated in the judgment in a Court of Pontevedra.
“If it is applied in all the judicial processes that it loses, surely the DGT will cease to be a collecting body just as, without any shame, its general director has acknowledged exercising this function “, says the president of AEA, Mario Arnaldo, for the purpose of the sentence that obliges to pay 400 euros to the General Directorate of Traffic.
Law change in 2009
In the last 20 years, the DGT has collected about 6,500 million euros, according to the calculations of the authors of the AEA report. From 2021 to 2019, they have made 70 million complaints, an increase of 122% over that period (4,684,000 in 2019 compared to 2,105,024 in 2001).
The increase in collection has been dueAccording to the study, the citizen has preferred to settle the fine through the prompt payment procedure, which reduces the amount to be paid to 50% since the Road Safety Law was reformed in 2009. Before, the reduction was 30% and driver resources were slightly higher. “This has led – according to AEA in its report – that currently, 64% of drivers prefer to pay a discount to raise any type of appeal even if they consider that the complaint made is unfair. “
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Source site www.elmundo.es