Traffic ticket. Driver's identification

Comment on the Supreme Court of 11 February 2013

Authors

  • José Ignacio Atienza López Secretario Judicial del Juzgado de Vigilancia Penitenciaria n.º 3 de Madrid (España)

Keywords:

fundamental rights, sanctioning procedure, traffic ticket

Abstract

Violation of the right to legal penalties in fines against the owner of a vehicle identified with his full name and address of the offending driver but omitted his national identity. The rule was in force at the relevant time did not require, to the obligation to identify the offending driver, the need to provide the data of national identity, a fact that the appellant pursuant ignored. In the administrative record there is no record of any administrative action aimed at communicating with the person identified by the applicant for relief that had been frustrated by the lack of the number of identity card or driving license of the driver. Inability to subsume the actions of the driver in the rate. Lack of motivation of sanctioning administrative decision.

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Published

2013-05-10

How to Cite

Atienza López, J. I. (2013). Traffic ticket. Driver’s identification: Comment on the Supreme Court of 11 February 2013. CEFLegal. Revista práctica De Derecho, (148), 35–38. Retrieved from https://revistas.cef.udima.es/index.php/ceflegal/article/view/11689

Issue

Section

Comentarios doctrinales y jurisprudenciales. Constitucional

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