Challenging a fine for a misdemeanour

What kind of fine did you receive?

The references below are to the Code of Misdemeanour Procedure (väärteomenetluse seadustik, VTMS) and the Penal Code (karistusseadustik, KarS).

• Warning fine by fine notice (trahviteade). It may be imposed for a traffic offence committed with a motor vehicle on the vehicle's registered owner or responsible user, if the offence was detected by an automatic traffic surveillance system, or if the driver could not be identified at once and the offence was recorded on a recording showing the registration plate (VTMS § 54¹ lg 1) [4]. The maximum warning fine is 420 euros (VTMS § 54¹ lg 4) [4]. It is not a punishment and is not entered in the criminal records database (VTMS § 54¹ lg 3) [4].
• Corrective fine in summary proceedings (lühimenetlus). The out-of-court authority draws up a summary proceedings decision (VTMS § 54⁸ lg 1 and 7) [5]. The maximum corrective fine is 160 euros, and it is not entered in the criminal records database (VTMS § 54⁸ lg 4 and 6) [5].
• Fine in expedited proceedings (kiirmenetlus). Expedited proceedings may be used if the facts are clear and the person agrees to them; a natural person may be fined up to 200 fine units (VTMS § 55 lg 1 and 2) [6].
• Fine in general proceedings (üldmenetlus). In general proceedings a misdemeanour report is drawn up (VTMS § 68 lg 1) [7] and the out-of-court authority makes a decision (VTMS § 73 lg 1 p 1) [8]. A misdemeanour may be punished by a fine of one to three hundred fine units; a fine unit is 8 euros (KarS § 47 lg 1) [9].

How do I contest a camera fine notice?

If you disagree with the warning fine, you may contest the fine notice within 30 days of receiving it; if contested, the warning fine does not take effect (VTMS § 54⁵ lg 1) [1]. The complaint is filed in writing with the out-of-court authority that issued the notice and states, among other things, the notice's number and date and what you request and why (VTMS § 54⁵ lg 2) [1]. If the complaint does not give your residential address, it is not examined (VTMS § 54⁶ lg 1) [10].

If someone else was using the vehicle, the complaint must give that person's first and last name, residential address, driving licence number and date of birth or personal identification code (VTMS § 54⁵ lg 3) [1]. You need not do this if you submit official confirmation that the theft, loss or destruction of the vehicle or its registration plate was reported before the offence, or evidence of a circumstance precluding unlawfulness (VTMS § 54⁵ lg 4) [1]. A legal person must give the same details of the natural person who was using the vehicle at the time stated in the notice, unless it submits such confirmation or evidence (VTMS § 54⁵ lg 5 and 6) [1]. The fine notice is then sent to the person named (VTMS § 54⁶ lg 4) [10].

A complaint against a fine notice cannot be filed with the county court (VTMS § 114 lg 2) [3]. According to the Supreme Court (Riigikohus), the authority cannot simply dismiss a complaint that meets the requirements: if it does not find the complaint sufficient to annul the notice, it must reopen the misdemeanour proceedings, and the notice may also be contested on the ground that there was no offence (Supreme Court judgment 5-17-12/9) [11]. If the notice is contested by the person named as the driver, the proceedings are reopened as expedited or general proceedings and the warning fine amount in the notice does not bind the authority (VTMS § 54⁶ lg 6) [10]; the Supreme Court applies the same ground by analogy when the person responsible for the vehicle contests the fine themselves (judgment 5-17-12/9) [11].

How do I challenge a summary proceedings decision?

A summary proceedings decision can be contested within 15 days of receiving it by filing a complaint with the out-of-court authority that made it; if a complaint is filed, the decision does not take effect (VTMS § 54¹¹ lg 1) [2]. The complaint is made in writing and states the decision's number and date and that you disagree with it (VTMS § 54¹¹ lg 2) [2].

The authority then reopens the proceedings as general or expedited proceedings; if a circumstance precluding misdemeanour proceedings exists, it may annul the summary proceedings decision without reopening the proceedings (VTMS § 54¹² lg 1) [12]. In the reopened proceedings, neither the legal classification of the offence nor the amount of the corrective fine binds the authority (VTMS § 54¹² lg 5) [12].

If the summary proceedings decision released you from paying the corrective fine and you have complied with the conditions of the corrective measure but disagree with the decision, you may, within 15 days of receiving the decision, ask the authority to put the evidence in form and send it to you, and file a complaint with the county court within 15 days of receiving that evidence (VTMS § 54¹¹ lg 1¹; VTMS § 114 lg 1 p 3) [2] [3].

How do I challenge a fine in court?

Expedited proceedings are not used if you do not agree to them (VTMS § 55 lg 3 p 1) [6]. In general proceedings you have the right to submit an objection and evidence and to examine the file within 15 days of receiving a copy of the misdemeanour report (VTMS § 69 lg 6) [13].

A complaint against an expedited proceedings decision is filed with the county court within 15 days of receiving the decision (VTMS § 114 lg 3) [3]. For a general proceedings decision, the 15 days run from the day the decision is available at the out-of-court authority (VTMS § 114 lg 4) [3]. The complaint is made in writing; it states, among other things, to what extent the decision is contested, the reasons and the evidence, and a copy of the decision is attached (VTMS § 115 lg 1 and 5) [14].

The county court may leave the decision unchanged, annul it and make a new decision if this does not worsen your position, or terminate the proceedings (VTMS § 132) [15]. The county court's judgment cannot be challenged by an appeal (apellatsioon), but it can be challenged by cassation (VTMS § 135 lg 8 and 9) [16]. You must notify the county court in writing of your wish to file a cassation appeal within seven days of the pronouncement of the operative part, and the cassation appeal is filed with the Supreme Court within 30 days of the judgment being made public (VTMS § 156 lg 1 and 3) [17]. The right to file a cassation appeal belongs to the person's defence counsel who is an attorney-at-law, not to the person themselves (VTMS § 155 lg 2) [18].

What the law says

• „Vaidlustamise korral hoiatustrahv ei jõustu.“ [1] (translation: if contested, the warning fine does not take effect; VTMS § 54⁵ lg 1) – if you contest the notice in time, the fine does not take effect.
• „Kaebuse esitamise korral lühimenetluse otsus ei jõustu.“ [2] (translation: if a complaint is filed, the summary proceedings decision does not take effect; VTMS § 54¹¹ lg 1) – the same applies to a corrective fine.
• „Kaebust ei saa esitada käesoleva seadustiku § 54 kohaselt tehtud hoiatamisotsuse peale või § 54² kohaselt tehtud trahviteate peale.“ [3] (translation: no complaint may be filed against a warning decision under § 54 or a fine notice under § 54²; VTMS § 114 lg 2) – a fine notice is contested with the authority, not directly in court.
• „Hoiatustrahvi maksimaalmäär on 420 eurot.“ [4] (translation: the maximum warning fine is 420 euros; VTMS § 54¹ lg 4) – a higher warning fine cannot be imposed.

What to do

1. Work out whether you have a fine notice, a summary proceedings decision or an expedited or general proceedings decision, and note the date you received it (VTMS § 54⁵ lg 1; VTMS § 54¹¹ lg 1; VTMS § 114 lg 3 and 4) [1] [2] [3].
2. For a fine notice, you may ask for a copy of the photo or recording by which the offence was detected (VTMS § 54² lg 2 p 4) [19].
3. Write the complaint, include the details the law requires and sign it (VTMS § 54⁵ lg 2 and 2¹; VTMS § 54¹¹ lg 2 and 3; VTMS § 115 lg 1 and 4) [1] [2] [14].
4. File it with the right addressee: the out-of-court authority for a fine notice or a summary proceedings decision, the county court for an expedited or general proceedings decision (VTMS § 54⁵ lg 2; VTMS § 54¹¹ lg 1; VTMS § 114 lg 1) [1] [2] [3].
5. If the complaint is left without action because of deficiencies, correct them within the time set (VTMS § 54⁶ lg 1; VTMS § 54¹² lg 2; VTMS § 118 lg 1) [10] [12] [20].

Frequently asked questions

Is a warning fine entered in the criminal records database?

No. A warning fine is not a punishment for an offence and is not entered in the criminal records database (VTMS § 54¹ lg 3) [4].

What happens if I neither contest nor pay a warning fine?

The warning fine must be paid within 30 days of receiving the fine notice (VTMS § 54⁴ lg 1) [21]. If the notice was not contested and the fine was not paid, the notice is sent to a bailiff for enforcement (VTMS § 54⁴ lg 2) [21].

What if the deadline for the complaint has passed?

A late complaint is not examined if no restoration of the deadline was requested or the deadline was not restored; this applies to a complaint against a fine notice or a summary proceedings decision and to a complaint to the county court (VTMS § 54⁶ lg 2 p 1; VTMS § 54¹² lg 3 p 1; VTMS § 118 lg 2 p 1) [10] [12] [20]. Restoration of deadlines follows the rules of criminal procedure (VTMS § 38 lg 1) [22]: under the Code of Criminal Procedure (kriminaalmenetluse seadustik, KrMS), a deadline missed for a good reason is restored, and restoration may be requested within 14 days of the day the obstacle ceased (KrMS § 172 lg 1 and 3) [23].

Can the fine increase after I challenge it?

In the reopened proceedings, the corrective fine amount from the summary proceedings decision does not bind the authority (VTMS § 54¹² lg 5) [12]. The same applies to the warning fine amount in a fine notice when the person named as the driver contests it and the proceedings are reopened (VTMS § 54⁶ lg 6) [10]. The county court, however, may make a new decision only if it does not worsen the position of the person concerned (VTMS § 132 p 2) [15].

Does a misdemeanour expire?

Yes. A misdemeanour expires if two years have passed from its completion until the decision on it takes effect (KarS § 81 lg 3) [24]; the proceedings must then be terminated (VTMS § 29 lg 1 p 5) [25]. In cases set by law the limitation period can be interrupted or suspended; for example, it is suspended while the person evades the proceedings (KarS § 81 lg 4¹ and 7 p 1) [24].