PETITION FOR REVOCATION OF DRIVING LICENCE
ANTALYA CRIMINAL COURT OF PEACE ON DUTY
OBJECTOR :
TURKISH ID NO:
ADDRESS :
PROVOCATE :
DEFENDANT :
SUBJECT OF OBJECTION : It is the request to object to the transaction regarding the revocation of the driver’s licence for six months and imposing a fine of X TL.
TRANSACTION DATE : …/…/…
EXPLANATIONS :
1-) On x/x/x date, during the traffic control at y o’clock, a measurement was made with a breathalyser device and as a result, it was determined that I was x promil alcoholic and the procedure subject to the objection was established. As a result of the analysis performed on my blood sample taken at z o’clock by the Forensic Medicine Institution, to which I was sent upon my objection to the alcohol measurement, it was determined that the rate of alcohol in my blood was f promil.
2-) As a result of the determination made in paragraph 5 of Article 48 of the Highways Traffic Law No. 2918, drivers who are found to be driving with an alcohol level above 0.50 promillin, even if the act constitutes an offence, shall be imposed an administrative fine of 1340 Turkish Liras and the driving licence shall be revoked for six months. In Article 97 of the Road Traffic Regulation, among other drivers who are found to be driving under the influence of alcohol, those whose blood alcohol level is above 0.50 prom. 50 promillin, drivers who have drunk alcoholic beverages and the amount of alcohol in their blood will be measured with a device, if the driver objects to the determination made with the device, his/her blood will be taken and sent to the police criminal laboratory to determine the amount of alcohol in his/her blood, if it is not possible to analyse in police criminal laboratories, It is stated that the driver shall be sent to forensic medicine centres and the nearest health institutions affiliated to the Ministry of Health that have the technical and medical facilities for the determination of the amount of alcohol in the blood, and in cases where the amount of alcohol in the blood cannot be determined in the laboratory with technical devices and by taking blood, the drivers who are found to be driving under the influence of alcohol shall be referred to the nearest official health institution and undergo a routine alcohol examination by the physician of this institution.
As a result of the procedure applied in accordance with the relevant law and regulation, it will be clearly seen that my alcohol content does not exceed the legal limit. Despite this, the administrative fine and confiscation of the driving licence was unfair and groundless. The opinion of the Supreme Court on this issue is as follows;
12th Criminal Chamber of the Court of Cassation 2016/3381 E. , 2016/9737 K.
“The judgement on the conviction of the defendant for the offence of endangering traffic safety was appealed by the defendant, the file was examined and the necessity was considered:
Article 179/3 of the Turkish Penal Code no. 5237 states that the offence of driving in such a state by a person who cannot drive “safely” due to the effects of alcohol or drugs or for any other reason is a crime that can be committed with intent. Although the mere use of alcohol and drugs is not sufficient for the occurrence of this offence
Forensic Medicine Institute 5th Expertise Board reports consistently emphasise that a driver travelling in traffic under the influence of alcohol, regardless of the level of alcohol concentration, may pose a risk to varying degrees in terms of traffic safety, although it shows individual differences, but whether this situation is at a level to pose a danger, therefore, if the driver drives at the level of alcohol under the influence of the driver,
However, even if such a determination has not been made, it should be scientifically accepted that the alcohol level determined to be higher than 100 promille in a way that can eliminate individual differences will cause the loss of the ability to drive safely; In the examined file; the vehicle driven by the defendant …, who was 57 promille alcoholic in the report taken two hours after the incident, and the motorcycle driven by the defendant …, who was 57 promille alcoholic in the report taken two hours after the incident, were travelling at night on a double-directional straight road, which was outside the residential area, 8. 4 metres wide, two-way straight road with no lighting at night time, the motorcycle driven by the other defendant, who was travelling in the opposite lane and who was 248 promil alcoholic, committed a lane violation and the motorcycle’s headlight was not illuminated according to the statement of the defendant …, and the front left part of the vehicle of the defendant …, who was travelling in his own lane,
In the incident where 1 person was injured with a bone fracture as a result of hitting the front part of the motorbike driven by the other defendant …., there was no fault to be attributed to the defendant …. who was travelling in his own lane, the other defendant …. was fully at fault in the incident, considering that the amount of alcohol in 1 hour fell between 0.12-0.20 promil, the defendant …. ‘s blood alcohol level at the time of the incident was below 100 promulgated alcohol, and there is no other evidence or determination that the defendant lost the ability to drive safely, it is inappropriate to decide to convict the defendant as written instead of acquitting the defendant, and since the defendant’s appellate objections are deemed appropriate in this respect, the judgement is hereby reversed in accordance with the Article 321 of the Code of Criminal Procedure No. 1412, which is still in force in accordance with Article 8 of the Law No. 5320 for this reason. Article 321 of the Code of Criminal Procedure No. 1412, which is still in force in accordance with Article 8 of the Law No. 5320, it was unanimously decided on 08/06/2016.”
As it can be seen in the decision of the Court of Cassation above, when the alcohol content measured with a breathalyser is evaluated according to the parameter of decrease per hour, it remains below the legal limit. It has become necessary to file an objection for the cancellation of the transaction in question, which was established in violation of the provisions of the law and regulations.
LEGAL GROUNDS : 2918 S. K. Art. 48, Road Traffic Regulation Art. 97
CONCLUSION AND REQUEST : For the reasons stated above, I respectfully request the cancellation of the transaction regarding the revocation of the driver’s licence for six months and imposing a fine of x TL, which was established by the defendant administration on the date x, and that the judicial expenses and attorney fee be charged to the defendant. …/…/…
Appellant
ANNEXES :
1-) Traffic supervision branch directorate, … Traffic Supervision dated …/…/…
Photocopy of the traffic fine report numbered EM serial, …, all kinds of legal evidence
2-)Forensic Medicine Institute report
3-) One approved power of attorney sample
You can access our other article examples and petition examples by clicking