Contesting an on-the-spot patrol police fine: what to do under Georgian law

What to do

1. Deadline: a receipt is appealed within 10 days of its service; a late appeal for a valid reason is restored (Code of Administrative Offences, Art. 273); an appeal filed within the deadline suspends enforcement (except for a fine paid on the spot) (Code of Administrative Offences, Art. 275). File the appeal on time even without a recording; evidence can be submitted later.
2. The core of the dispute is evidence: the burden of proving the offence lies with the authority conducting the case (police), not with the driver (Code of Administrative Offences, Art. 236); evidence includes, among other things, explanations of the person, testimony of witnesses, expert opinion, video and photos (Code of Administrative Offences, Art. 236); no piece of evidence (including the inspector’s words) has a predetermined force (Code of Administrative Offences, Art. 237); an unresolved doubt is interpreted in favour of the person charged (Code of Administrative Offences, Art. 237). Ask the police for the recording instead of trying to prove a negative fact yourself.
3. How to obtain the recording: the police may carry out photo and video recording with equipment worn on the uniform and mounted in the vehicle (Law on Police, Art. 27); the person has the right to examine the case materials, give explanations, present evidence and file motions (Code of Administrative Offences, Art. 252). In the appeal, file a motion requesting the recording; in parallel, submit a data subject request: a data subject receives a free copy of their own data (the recording) no later than 10 working days (Law on Personal Data Protection, Art. 14). Request it immediately, because recordings are not kept indefinitely.
4. Route: a decision taken on the spot is appealed to the higher authority (official), and its decision can be appealed to court (Code of Administrative Offences, Art. 272); the complaint is considered within 30 days of receipt (Code of Administrative Offences, Art. 276). The court of first instance is the main stage for the facts. In the appellate court, the burden of proving the unlawfulness of the decision or receipt lies with the appellant (Code of Administrative Offences, Art. 272); the decision of the appellate court in an administrative offence case is final (Code of Administrative Offences, Art. 276).
5. Where to apply: Patrol Police of the Ministry of Internal Affairs (appeal through the issuing body, including remotely), then the district (city) court, and the appellate court.
6. Evidence: receipt (date of service, article, place, time); dashcam recording; statements of passengers or witnesses; photos of road markings and signs; request for the recordings from the police body-worn and in-car cameras.
7. Traps: paying silently “to avoid trouble”. Payment on the spot is not suspended by an appeal. Do not assume that the inspector’s word outweighs the driver’s: no piece of evidence has a predetermined force. Do not delay the request for recordings, because they may not be preserved. Do not save evidence for the appeal stage: there, the burden of proof already rests with the applicant.

Be sure to check

• burden of proof is on the police, doubts are resolved in favour of the driver
• how to request body-worn or in-car camera footage (motion, data subject request, 10 working days)
• 10-day appeal deadline from service; higher authority, then court
• gather your own evidence immediately; on appeal the burden shifts to the applicant