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1. It is your legitimate right to apply for reconsideration, but whether the reconsideration can be successful is another matter.
2. Violating the speed limit in the same place and direction for many times in a row, and not receiving the notice. If true, the enforcement process is flawed.
For example, according to the third paragraph of Article 6 of the "Jiangsu Provincial Public Security Organ Law Enforcement Notification Service System": for the traffic safety violations recorded by the electronic monitoring equipment, the traffic management department shall announce in a timely manner, in addition to deliberately breaking the signal and speeding on the highway, if the same vehicle is in the same place for the same traffic safety violation for 3 times, the owner or driver of the motor vehicle shall be sent a "Notice of Traffic Safety Violations Recorded by Electronic Monitoring Equipment". If they are not informed, they shall not be punished for the same traffic safety violation of the same vehicle in the same place thereafter.
Third, it may also be your fault.
For example, if your contact address has changed, but you do not go to the DMV in time to complete the change procedures, you may not receive the notification letter. In this case, according to Article 10 of the Detailed Rules for the Implementation of the Service System, if the owner or driver of the motor vehicle fails to register and file with the public security organ in accordance with the relevant provisions of traffic safety laws and regulations, and promptly go through the procedures for changing the address and contact information, the notice cannot be delivered, and the traffic management department of the public security organ sends the notice, which shall be deemed to have been informed.
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You can apply for reconsideration, but it may not be useful, mainly depending on the reason for the violation, if there is an objection to the direct reconsideration, if you determine your own reasons, it is not that the signs are not clear, misleading, etc., and the reconsideration is useless.
Specifically, go to the DMV and ask.
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If the person who is not satisfied with the decision to deal with the violation, he may apply for administrative reconsideration through a written application or an oral application within 60 days. The time limit for such application shall be calculated from the date on which the party becomes aware of the specific administrative act, unless otherwise provided by law.
[Legal basis].
Article 9 of the Administrative Reconsideration Law of the People's Republic of China.
Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.
Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.
Article 10. Citizens, legal persons or other organizations that apply for administrative reconsideration in accordance with this Law are applicants.
Article 11. The applicant may apply for administrative reconsideration in writing or orally; In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.
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Violations that have been handled can also apply for administrative reconsideration, but the limitation period for applying for reconsideration cannot be exceeded. Within 60 days from the date on which a party becomes aware of a specific administrative act, if it believes that the act infringes upon its lawful rights and interests, it may apply for administrative reconsideration in a timely manner within the above-mentioned time limit.
[Legal basis].
Article 6 of the Administrative Reconsideration Law of the People's Republic of China.
In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production and business, temporary withholding or revocation of permits, temporary withholding or revocation of licenses, administrative detention, or other administrative punishment decisions;
2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets;
Article 9. Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.
If the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.
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If a party is punished for violating regulations, he or she may file an administrative reconsideration within 60 days. Within 60 days of knowing the penalty decision, the parties may apply for administrative reconsideration in accordance with law; If the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to run from the date on which the obstacle is removed.
[Legal basis].
Article 6 of the Administrative Reconsideration Law of the People's Republic of China.
In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production or business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative punishment decisions;
2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets;
Article 9. Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.
If the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.
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Legal analysis: (1) If the parties have objections to the punishment of traffic violations, they need to bring the relevant documents of vehicle driving and their copies to the traffic management department at the place where the illegal information is collected to apply for review. If the collection authority of the illegal act is the police station of the brigade in the jurisdiction, the application shall be made to each sub-bureau or brigade; If the collection authority is the patrol service brigade of the Fuzhou Traffic Patrol Police Detachment, it will apply to the detachment.
2) To apply for administrative review and reconsideration, the vehicle driving license, driving-related documents and their copies shall be provided.
Legal basis: "Administrative Reconsideration Law of the People's Republic of China".
Article 9: Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period shall continue to be calculated from the date on which the obstacle is removed.
Article 11 The applicant may apply for administrative reconsideration in writing or orally; In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the administrative reconsideration request, and the main facts, reasons, and time for applying for administrative reconsideration.
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