TO THE JUDGE OF ……
APPEALING PARTY:
TURKISH REPUBLIC IDENTITY NUMBER:
ADDRESS:
REPRESENTATIVE:
DEFENDANT:
SUBJECT OF APOLOGY:
DATE OF ACTION: …/…/…
SUBJECT: This is our petition requesting an appeal against the decision to revoke our driver’s license for six months and impose a fine of … TL.
EXPLANATIONS
1-) On …/…/… at …:…, during a traffic control, the breathalyzer test revealed that our client had … per mille alcohol in his blood. Following our client’s objection to the alcohol test, a blood sample was taken at …:… by the Forensic Medicine Institute … Group Presidency. Analysis of this sample revealed that his blood alcohol level was … per mille.
2) According to Article 48, paragraph 5 of the Highway Traffic Law No. 2918, drivers found to be driving under the influence of alcohol with a blood alcohol level exceeding 0.50 per mille, even if the act constitutes a crime, will be fined 700 Turkish Lira and their driver’s license will be revoked for six months. For drivers operating vehicles other than private cars under the influence of alcohol, the lower limit is 0.21 per mille. For individuals whose driver’s licenses have been revoked due to driving under the influence of alcohol, within five years of the last offense: for the second offense, an administrative fine of 877 Turkish Lira will be imposed and their driver’s licenses revoked for two years; for the third or more offenses, an administrative fine of 1,407 Turkish Lira will be imposed and their driver’s licenses revoked for five years each time. If the driver’s licenses have been temporarily revoked for any reason, the specified periods will commence at the end of the temporary revocation period. Article 97 of the Highway Traffic Regulations also stipulates that it is prohibited for individuals who have consumed natural and synthetic psychotropic substances with narcotic, sedative, and euphoric properties, as well as those who have lost their ability to drive safely due to alcohol consumption, to drive vehicles on highways; the article continues as follows: It has been stated that drivers engaged in public service, freight, and passenger transportation with vehicles such as taxis, minibuses, buses, trucks, and tow trucks, as well as drivers of official vehicles, are prohibited from driving these vehicles while under the influence of alcohol. Drivers found to be driving under the influence of alcohol with a blood alcohol level exceeding … promille will also be prohibited from driving. The blood alcohol level of drivers who have consumed alcohol will be measured using a device. If the driver objects to the device’s reading, a blood sample will be taken by trained and authorized personnel and sent to the police forensic laboratory for analysis. If analysis is not possible at the police forensic laboratory, the driver will be sent to forensic medicine centers and the nearest health institution affiliated with the Ministry of Health that has the technical and medical facilities to perform the analysis. In cases where it is not possible to determine the blood alcohol level using a technical device or by taking a blood sample in a laboratory, drivers found to be driving under the influence of alcohol will be referred to the nearest official health institution and undergo a routine alcohol test by the institution’s physician.
(The last sentence is a standard disclaimer and not part of the driver’s statement.) 3) After the client’s alcohol level was detected during a traffic control, it is consistent with the normal course of life for the blood alcohol level to decrease during the time between the detection of the measurement and the subsequent analysis at the Forensic Medicine Institute. However, considering that this time period was approximately … hours, it is impossible for the blood alcohol level to decrease from … per mille to … per mille within this time. In this case, it is clear that the client’s blood alcohol level, as determined in accordance with the regulation, remained below the limit stipulated in the regulation.
4) It has become necessary to file this lawsuit for the annulment of the aforementioned action, which was taken in violation of the law and regulations.
LEGAL GROUNDS: Law No. 2918, Article 48, Highway Traffic Regulation, Article … 97
CONCLUSION AND REQUEST: For the reasons stated above, we respectfully request, on behalf of our client, that the decision of the defendant administration dated …/…/… to revoke the driver’s license for six months and impose a fine of … TL be annulled, and that the court costs and attorney’s fees be borne by the defendant. …/…/…
Attorney of the Appellant
Regarding:
ATTACHMENTS:
1-)
2-)
3-)
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