15.04.2025 13:41
A fine of 9,268 Turkish Lira imposed on a driver for speeding was annulled by the court due to the lack of documentation proving that the radar device's calibration had been performed within the last year, as argued by the driver's lawyer. It was stated that the decision would set a precedent.
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Özer K. was fined 9,268 lira on May 18, 2024, in the Niksar district of Tokat for exceeding the speed limit by 50% with his car.
Özer K. appealed the fine through his lawyer Asiye Meltem Taşçı at the Niksar Criminal Court of Peace.
FINE CANCELLED
The court ruled that the fine was unjust due to the lack of evidence related to the radar measurement and the absence of documentation showing that the device's calibration settings had been performed within the last year.
The court cancelled the fine and decided to refund the monetary penalty paid by the driver.
"CAN BE A PRECEDENT"
Lawyer Asiye Meltem Taşçı stated that the decision is of a precedent nature, saying, "When radar fines come, people generally submit petitions saying 'There is no sign' or 'I had an urgent situation, so let's cancel it.' But generally, these are not accepted. Here, we appealed regarding the calibration period of the radar device. That’s why it was accepted. These devices need to have periodic maintenance every year. We requested the calibration documents. It was found that maintenance had not been performed for 1.5 years. Therefore, the court also decided to refund the fine." she said.
"RIGHT TO APPEAL RESERVED"
Taşçı noted that drivers have a 15-day period to appeal their radar fines and that they should pay the fine during this period to benefit from a discount.
Taşçı stated that the right to appeal of drivers who pay the fine is reserved, saying, "After that, they should write a petition to the peace criminal court and request the calibration documents to be presented to them. Once the calibration documents are submitted, it becomes clear whether the periodic maintenance has been performed. When this comes to light, the fines are cancelled. They receive a refund." she stated.
"HE WILL GET HIS MONEY BACK"
Taşçı said, "My client appears to have exceeded the speed limit by 50%. It seems very difficult for it to be cancelled, but since the calibration period was exceeded, the fine amount automatically fell below the speed limit. Therefore, we won. Now we are waiting for the refund. It could be a precedent decision; they can use this decision from now on. My client was very happy because he had paid over 6,000 lira by benefiting from the discount, and now he will get his money back." she said.
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