How to contest a fine

Almost all of us have experienced receiving a fine and feeling that we have been wronged. When this happens there is the possibility of appealing, just be aware of the deadlines and procedures to be followed.

In Portugal, in order to appeal a fine, you must pay it in advance, but never as payment, as this means you are taking the blame for the offense. To be able to contest the fine later by letter and possibly get your money back, you must choose to pay by deposit.

When you choose to pay by deposit, you have 48 hours to deposit the amount. The police officer will have to give you a document with the minimum amount of the fine indicated and also inform you where and how to deposit the amount in question. If you don't pay this amount, you will be asked for the money immediately at the next inspection.

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If you are planning to refuse to pay the fine, the consequences can be much greater. Depending on the situation, some of the consequences could be:

• Provisional confiscation of your driving license or Single Vehicle Document (DUA);

• The actual seizure of the driving license or possibly the vehicle;

• An increase in the amount of the fine. If the fine is paid after the respective administrative procedure has been initiated by the National Road Safety Authority (ANSR), procedural costs may be added.

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Procedure for appealing a fine

As we saw earlier, you will have to pay the fine provisionally. You must then file an appeal by registered letter to ANSR, taking into account the 15 working day deadline.

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This letter must contain the following information:

• Identification of the administrative offense notice number;

• Full identification: name, address, ID and driving license;

• A list of the facts considered important to enhance the defense;

• Evidence to support the defense;

• Identification of witnesses, up to a maximum of three;

• Signature according to ID/CC.

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The process can also be carried out by a lawyer with a power of attorney.

In addition, the letter can also be delivered to the Administrative Offenses Section of the PSP District Command or to the Citizen Service Office of the GNR District Command/Traffic Detachment in the area where the driver lives.

After this process you will have to wait for ANSR's response. Bear in mind that this may be a long time to wait, so you can ask to see the file. If you don't receive a reply within two years of the date of the infringement, you can ask for a refund of the fine paid as a deposit.

If you don't send a letter of contestation to appeal a fine, the deposit you made becomes final payment.

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Source: E-KONOMISTA

Translated with DeepL.com