Dealing with Violation Penalty Errors? 200

1. You can apply for administrative reconsideration to the public security organ at the higher level of the traffic management department that issued the violation notice, or the ** department at the same level.

2. If you are not satisfied with the administrative reconsideration decision, you can file a lawsuit with the local court. It is also possible to file a lawsuit directly with the local court without reconsideration.

3. The "Administrative Reconsideration Law" stipulates:

Article 6: 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;

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.

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 12: Those who are dissatisfied with the specific administrative acts of the local people's work departments at or above the county level shall be selected by the applicant, and may apply for administrative reconsideration to the people's work departments at the same level of the department, or may apply to the competent department at the next higher level for administrative reconsideration.

Article 16: Where a citizen, legal person or other organization applies for administrative reconsideration and the administrative reconsideration organ has already accepted it in accordance with law, or where laws and regulations stipulate that an application for administrative reconsideration shall be made to the administrative reconsideration organ first, and then an administrative lawsuit is filed with the people's court if they are dissatisfied with the administrative reconsideration decision, they shall not file an administrative lawsuit with the people's court within the statutory time limit for administrative reconsideration.

Where citizens, legal persons, or other organizations initiate an administrative lawsuit in a people's court, and the people's court has already accepted it in accordance with law, they must not apply for administrative reconsideration.

This kind of thing needs to be dealt with illegally.

If you see this on 12315, then you have one that is an appeal. It is called administrative reconsideration. Then this one can be said to re-submit your violation to the review. Tell you and your reasoning, and they'll just judge if it's right.

Legal analysis: You can apply for administrative reconsideration and punishment. Drivers can first apply to check the illegal** to see if their car violates the regulations, and then send a written application to the local traffic police.

At the same time, according to the regulations, the average person himself must go to the traffic police department of the county or district where he is located. However, since the province can now handle traffic violations, he can also fax paperwork.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 3 The administrative organs that perform the duties of administrative reconsideration in accordance with this Law are administrative reconsideration organs. The organs responsible for the legal work of the administrative reconsideration organs shall specifically handle administrative reconsideration matters and perform the following duties:

1) Accept applications for administrative reconsideration;

2) Investigate and collect evidence from relevant organizations and personnel, and consult documents and materials;

3) To examine the legality and appropriateness of the specific administrative act for which administrative reconsideration is applied, and to formulate an administrative reconsideration decision; Chain of things.

4) Handling or transferring applications for review of the relevant provisions listed in Article 7 of this Law;

5) Submit recommendations for handling conduct by administrative organs that violate the provisions of this Law in accordance with the scope of authority and procedures provided for in the provisions of this Law;

6) Handling matters in response to administrative litigation arising from dissatisfaction with administrative reconsideration decisions;

7) Other duties provided for by laws and regulations.

Personnel engaged in administrative reconsideration for the first time in administrative organs shall obtain legal professional qualifications through the National Unified Legal Profession Qualification Examination.