1. Can I apply for administrative reconsideration if I refuse to accept the traffic police fine?
Sure.
1, the application for administrative reconsideration should be processed first and then applied for. Within 60 days after the administrative organ makes the decision on punishment, and counting from the date when the citizen, legal person or other organization knows or should know about the specific administrative act, the citizen, legal person or other organization shall apply for reconsideration to the statutory administrative reconsideration organ according to law, and the administrative reconsideration organ shall review the legality and appropriateness of the specific administrative act according to law and make an administrative reconsideration decision.
2, traffic violations to apply for administrative reconsideration application method:
(1) If a party has any objection to the punishment of traffic violations, it is necessary to bring the relevant vehicle driving documents and their copies to the traffic management department where the illegal information is collected for review. If the illegal act collection organ is the police station of the brigade in the jurisdiction, it shall apply to each branch or brigade; If the collection agency is the patrol service brigade of Fuzhou Traffic Patrol Detachment, it shall apply to the detachment.
(2) To apply for administrative review and reconsideration, the vehicle driving license, driving-related documents and their copies shall be provided.
Second, how many days does it take to deal with traffic violations?
1. If it is found and signed by the traffic police at the scene, the owner of the vehicle needs to go to the local traffic police team for treatment within 15 days after the violation. If he fails to go to the local traffic police team for treatment after 15 days, he needs to pay a late payment fee of 3% every day, but the amount of late payment will not exceed twice the original fine;
2. If the photo is taken by electronic eye monitoring, the owner can check the violation record on the traffic website and go to the traffic police team in the illegal place for handling within one month before the annual review of the motor vehicle. It is not necessary to deal with it within 15 days, but care should be taken not to exceed one driver's license scoring cycle as far as possible to avoid the situation that one scoring cycle is not cleared in time, resulting in the accumulated deduction of 12 points in the next scoring week.
It should be noted that if a party fails to perform the administrative penalty decision within the time limit and fails to pay the fine at the due date, a late fee of 3% of the fine will be charged every day. Therefore, when the owner of a vehicle receives a traffic ticket and raises a reconsideration, he must pay the illegal fine first, otherwise he will be charged a late fee, and the fine will be returned after the reconsideration is successful.
I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 9 of the Administrative Reconsideration Law
Citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests may file an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act;
However, unless the application period prescribed by law exceeds 60 days.
If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period shall continue to be counted from the date when the obstacle is removed.
Article 17
After receiving the application for administrative reconsideration, the administrative reconsideration organ shall examine it within five days, decide not to accept the application for administrative reconsideration that does not conform to the provisions of this Law, and inform the applicant in writing;
For an application for administrative reconsideration that conforms to the provisions of this Law but is not accepted by this organ, the applicant shall be informed to submit it to the relevant administrative reconsideration organ.
In addition to the provisions of the preceding paragraph, the application for administrative reconsideration shall be accepted as of the date of receipt by the institution responsible for legal affairs of the administrative reconsideration organ.
Article 23
The institution responsible for legal affairs of the administrative reconsideration organ shall, within seven days from the date of accepting the application for administrative reconsideration, send a copy of the application for administrative reconsideration or a copy of the record of the application for administrative reconsideration to the respondent.
The respondent shall, within ten days from the date of receiving the copy of the application or the copy of the application record, submit a written reply and submit the evidence, basis and other relevant materials for the specific administrative act.
The applicant and the third party may consult the written reply put forward by the respondent, the evidence, basis and other relevant materials for the specific administrative act, and the administrative reconsideration organ shall not refuse it except those involving state secrets, commercial secrets or personal privacy.