TO THE HONORABLE JUDGESHIP OF …
OBJECTOR : T.R. IDENTITY NUMBER : ADDRESS : ATTORNEY : ADDRESS :
DEFENDANT : [Insert Relevant Authority, e.g., Governorate/Police Department]
SUBJECT OF OBJECTION : DATE OF TRANSACTION : …/…/…
SUBJECT : This petition consists of our request for the cancellation of the administrative act regarding the suspension of the driver’s license for a period of six months and the imposition of an administrative fine of … TL.
EXPLANATIONS :
1-) During the traffic control conducted at …:… on …/…/…, following a measurement performed with a breathalyzer device, the subject act was established based on the determination that the client had an alcohol level of … per mille (promil). Upon the client’s objection to the breathalyzer measurement, a blood sample was taken from the client at ..:.. by the … Group Presidency of the Council of Forensic Medicine. As a result of the analysis performed on this sample, the blood alcohol concentration (BAC) was determined to be .. per mille.
2-) Pursuant to Article 48, Paragraph 5 of the Highway Traffic Law No. 2918, drivers who are determined to be driving with an alcohol level above 0.50 per mille shall be imposed an administrative fine of 700 Turkish Liras and their driver’s license shall be suspended for six months, even if the act constitutes a crime. For drivers of vehicles other than private cars, the lower per mille limit is applied as 0.21. Furthermore, Article 97 of the Highway Traffic Regulation prohibits driving for those who have lost their safe driving abilities due to alcohol or psychotropic substances. The regulation further stipulates that if a driver objects to the measurement made by a technical device, they shall be sent to the nearest health institution equipped with technical and medical facilities, such as forensic medicine centers or units affiliated with the Ministry of Health, to determine the alcohol concentration in the blood through a laboratory analysis.
3-) It is in accordance with the ordinary course of life (hayatın olağan akışına uygun) for the blood alcohol level to decrease during the period between the initial determination during traffic control and the subsequent analysis to be performed at the Council of Forensic Medicine following an objection. However, in the present case, considering that this time interval was approximately .. hours, it is not possible for the blood alcohol level to drop from .. per mille to .. per mille within this duration. In this situation, it is evident that based on the determination made in accordance with the provisions of the regulation, the alcohol level in the client’s blood remained below the limit prescribed by the regulation.
4-) Consequently, it has become mandatory to file this lawsuit for the annulment of the aforementioned act, which was established in violation of the provisions of the Law and the Regulation.
LEGAL GROUNDS : Highway Traffic Law No. 2918 Art. 48, Highway Traffic Regulation Art. 97.
CONCLUSION AND REQUEST : For the reasons stated above, we respectfully submit and request on behalf of the client that the act established by the defendant administration on …/…/… regarding the suspension of the driver’s license for six months and the imposition of an administrative fine of … TL be annulled, and that the litigation expenses and attorney fees be charged to the defendant. …/…/…
Counsel for the Objector Atty. [Name Surname]
ATTACHMENTS:
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