TO XXXXXX CRIMINAL COURT OF MAGIC ON DUTY
MUTERIZ : XXXXXXXXX, TR: XXXXXXXXXX
ADDRESS :
ATTORNEY: (if any)
ADDRESS : (if any)
OBJECT TO THE DECISION
FOUNDED INSTITUTION: ….. Traffic Inspection Bureau
ADDRESS :
SUBJECT : ….. our objections to traffic administrative fine report dated 03/07/2021 and numbered XX Serial XXXXXX and driver license recovery report numbered XXXXX.
DESCRIPTIONS
Our client is a German citizen and came to XXXX for vacation. He consumed some alcohol while watching a match in a restaurant on 03/07/2021. After the match, he got on his vehicle with license plate XXXXXX, which he had rented from the car rental company, to return to his accommodation.
When the client returned to his accommodation, he was stopped by the police officers at the routine traffic control point made by the XXX Traffic Inspection Bureau in XXXX Street location and was subjected to an inspection by performing an alcohol examination.
The amount of alcohol in the blood of the client, who blew into the promil meter as a necessary help to the police officers, was measured as 0.24 promil. Thereupon, without even checking the license (ANNEX-1) of the vehicle rented and used by the client, the driver’s license and identity card were taken, and the administrative fine report dated 03/07/2021 and serial number XXXXXX (ANNEX-2) was sent to him on 03/07. Driver’s license withdrawal report dated / 2021 and numbered XXXXX (Annex-3) has been prepared. The related penalty has been paid by the client in order to benefit from the early payment legal discount.
When the driver license recovery report dated 03/07/2021 and numbered XXXXX is examined, the purpose of use of the vehicle is written as “Special”. When the vehicle’s license is examined, the purpose of use of the vehicle is registered as “Special” according to the official license of the vehicle.
According to the article 48/5 of the Highway Traffic Law No. 2918, “As a result of the detection, drivers who are found to be driving with alcohol over 0.50 promil, even if it constitutes an actual crime, are given an administrative fine of 700 Turkish Liras and their driver’s license is withdrawn for six months. is taken. The lower limit of promil is applied as 0.21 for drivers who use vehicles other than private cars with alcohol. According to this regulation, it is determined as 0.50 promil if the purpose of use of the relevant vehicle is “Private” without belonging to a real or legal person in its license, and 0.21 promil if it is “Commercial”. With this regulation, it is aimed that the drivers of commercial vehicles such as trucks, vans, taxis, minibuses, buses, minibuses, etc. will be more careful than the drivers of private vehicles due to their activities and restrict themselves to alcohol consumption even more.
In the event experienced by the client, although the vehicle is registered with the legal entity company, the vehicle whose registration certificate is in the client’s use according to the license has been allocated and registered for a “Special” purpose of use. The vehicle used by the client is Fiat Brand Fiorino Model. Although the vehicle may appear to have been produced for commercial purposes with its appearance and use, our country’s legislation allows such vehicles to be registered as “PRIVATE”, not “COMMERCIAL”, by paying the necessary fees while registering the vehicle license. In fact, the vehicle used by the client is a vehicle registered as “SPECIAL” in the same way.
However, the police officers on duty acted with prejudice only with the appearance of the vehicle, regardless of the license, and used the purpose of the law for which they had justified the report they prepared, illegally and illegally. Because, if the necessary controls were made in accordance with the law, the vehicle rented and used by the client would be registered as “SPECIAL”, therefore, the legal alcohol limit allowed by the law in these types of vehicles is 0.50 promil, so no administrative sanction could be imposed on the client on the grounds of 0.24 promil, it is clearly imperative in the law. from its provisions.
As a matter of fact, in the case law of Istanbul Regional Administrative Court 8th Administrative Case Division 2018/752 E. 2018/1004 K. and 30/05/2018 T. Künyeli, “in the case filed with the request for the annulment of the transaction; Although it is a minibus, the purpose of use is registered as “special”, without determining that the vehicle is registered in a commercial enterprise asset or used for commercial purposes, just because it is a minibus, there is no lawfulness in the proceedings that are the subject of the lawsuit established on the basis of the legislation that should be applied for commercial vehicles…” It has clearly stated that no unlawful administrative sanction can be issued based on the exterior of the vehicle.
As for duty, although the Criminal Judgeships of Peace within the Judiciary of the Court of Appeals are authorized for objections to traffic administrative fines, in our legal system, there were different decisions of the disputed courts on different dates in the lawsuits/appeals filed for the annulment of the revocation of the driver’s license, and there was no consensus. However, by the legislator in Article 112 of 2918 S.K.
With the amendment (AMD ARTICLE RGT: 02.08.2013 RG NO: 28726 LAW NO: 6495/20 2918), “Penal courts of peace decide on the withdrawal and cancellation of driver’s licenses.” It has clearly determined that the Criminal Courts of Peace are responsible for this issue and put an end to the discussions on this issue.
RESULT and DEMAND
For the reasons explained above and to be taken into consideration ex officio,
CANCELLATION of the traffic administrative fine with the date of 03/07/2021 and the serial number XXX Serial XXXX issued by the Alanya traffic control bureau, which was arranged against the client in violation of the procedure and the law, and REFUND OF THE AMOUNT PAID BY THE CLIENT,
CANCELLATION of the administrative sanction of taking back the driver’s license dated 03/07/2021 and numbered XXXX, which was issued by the Alanya traffic control bureau about the client, and RETURNING THE DRIVER’S LICENSE OF THE CONFIDENTIAL CLIENT,
Judgment fees and expenses are charged to the other party of the attorney’s office,
We supply and demand the decision to be made by proxy. 08/07/2021
Appellant’s Attorneys
HUNTING. XXXXX
Evidence – Attachments:
1-) A copy of the license plate of the vehicle with the XXXXX Plate
2-) Copy of traffic administrative fine report dated 03/07/2021 and numbered XX Serial XXXXXX
3-) Copy of the driver’s license withdrawal report dated 03/07/2021 and numbered XXXXX
4-) Power of Attorney and its annexes.
5-) Traffic administrative fine payment receipt (subpoena is required.)
