Traffic lawyer: suspended licences and traffic fine appeals
A penalty report or a criminal traffic case can leave you without a licence and without an income. We review the documents quickly and explain what can be done within the legal deadline.
For many people, a driving licence means their job. Yet penalty reports are often signed in a hurry at the roadside, without the driver knowing what can be challenged. A complaint against the report must be filed with the district court for the area where the offence occurred, within 15 days of the report being handed over or served. After that, the options narrow considerably.
We review the penalty report, video or radar recordings, device calibration certificates and witness statements. We check whether the offence is described correctly, whether the penalty is proportionate and whether legal requirements were met. On that basis we draft the complaint, request the necessary evidence and represent you in court and, where needed, on appeal.
Where the conduct is a criminal offence, such as driving with a blood alcohol level above the criminal threshold, driving without a licence or leaving the scene of an accident, the stakes are higher: a criminal record, cancellation of the licence and even a sentence. In these cases we assist you from the first interview. We also act after road accidents, dealing with the motor insurer and the courts for compensation.
How we can help with traffic matters
- Complaints against traffic penalty reports and fines
- Challenging the suspension of the right to drive imposed through a penalty report
- Challenging radar measurements and video evidence, including device approval and calibration
- Penalty points: checking the calculation and any suspension for accumulated points
- Return of a retained licence, under the conditions and at the time set by law
- Defence in drink-driving and drug-driving cases
- Defence for driving without a licence or with a suspended or cancelled licence
- Leaving the scene of an accident and refusal to provide biological samples
- Negligent bodily harm and death by negligent driving
- Cancellation of the licence: consequences, time limits and conditions to obtain it again
- Third-party and comprehensive motor insurance claims, challenging settlement offers
- Court actions against insurers for material and non-material damage
- Appeals against court decisions on traffic penalty complaints
Situations where we can help
- You were stopped, fined and had your licence suspended for speeding that you believe was wrongly measured.
- You signed a penalty report on the spot and now see that it does not describe what actually happened.
- A breath test came back positive and a criminal case has been opened against you.
- You were involved in an accident in which people were injured and have been asked to give a statement to the police.
- The motor insurer refused your claim or offered far less than the real cost of repairs or treatment.
- Your licence was cancelled after a conviction and you want to know when and how you can get it back.
How we work
Checking the deadline
First we establish when you received the penalty report or case document, so that the deadline for challenging it is not missed.
Reviewing the evidence
We examine the report, recordings and radar or breath-test documents and tell you honestly what arguments are available.
Complaint or defence
We draft the complaint or the requests in the criminal file, ask for evidence and explain what happens to your licence during the procedure.
Representation in court
We represent you at hearings, including on appeal, and guide you after judgment, from getting your licence back to enforcing compensation.
Frequently asked questions
How long do I have to challenge a traffic penalty report?
The complaint must be filed within 15 days of the report being handed over or served, with the district court for the area where the offence took place. The deadline is short and must be calculated carefully, so contact us straight away. Once it has expired, the report generally becomes final, with very few exceptions.
If I pay half the fine, can I still challenge it?
Yes. The law allows you to pay half of the minimum fine within 15 days, and doing so does not remove your right to file a complaint. If the court annuls the report, the amount paid can be recovered, and the refund can be requested together with the complaint. However, payment does not cancel complementary sanctions such as licence suspension, which must be challenged as well.
What happens to my licence while the complaint is pending?
A complaint filed in time suspends, as provided by law, the enforcement of the fine and of complementary sanctions, including suspension of the right to drive. With proof of filing, you can ask the traffic police to return your licence. If the complaint is finally dismissed, the licence must be surrendered within the legal deadline, otherwise the suspension period may be extended.
Does a positive alcohol test always mean a criminal case?
No. The law distinguishes between a minor offence and a crime depending on the alcohol concentration in breath or blood. Above the threshold set by the Criminal Code, it becomes a crime. The test results, how samples were taken and whether the testing procedure was followed are key points we check. Depending on the case, there may be outcomes that avoid a custodial sentence.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
