A fine issued after a road traffic accident is often just the beginning. If another party suffered damage in the accident, you may be required to pay not only the fine receipt, but tens of thousands of GEL in compensation. My client found himself in precisely this situation — and by decision of the Mtskheta District Court, he avoided a writ of execution in the amount of 91,000 GEL.

In this article, I would like to share with you how an unsubstantiated decision of the Patrol Police can be successfully appealed and what role properly selected evidence plays in this process.

Factual Circumstances of the Case

My client was driving a car on the Mtskheta-Stepantsminda-Larsi highway. Fully observing the rules, he turned on the left turn signal and only then crossed the broken line. At that very moment, a second vehicle approaching from behind at excessive speed collided with him.

Despite the fact that the accident occurred after my client had already crossed the broken line, the Patrol Police arriving at the scene fined him and issued an electronic fine receipt.

The problem did not end there. Due to the damage caused by the accident, the Ministry of Internal Affairs issued a writ of execution in the amount of 91,000 GEL against my client. What at first glance seemed like a minor fine receipt escalated into a serious financial threat.

Why the Decision Was Unlawful

The Patrol Police based its refusal to grant the complaint on a single argument — the explanation of the second driver. This is precisely where the main defect of the administrative proceedings lay.

According to Articles 96 and 97 of the General Administrative Code of Georgia, an administrative body is obligated to:

  • Examine all circumstances of material importance to the case;
  • Obtain evidence relevant to the case;
  • Objectively assess all evidence present in the case.

In the present case, where both participants of the accident expressed conflicting positions, the Patrol Police was obligated to obtain additional evidence and determine whose fault caused the incident based on that evidence. Instead, the decision was made unilaterally, relying solely on the statement of one party.

Pursuant to Article 60 Prima of the General Administrative Code, an administrative-legal act is void if it conflicts with the law or if the legislative requirements for its issuance have been substantially violated. This became the legal basis for the appeal.

The Role of Evidence — Trasological Examination

At the heart of any traffic dispute lies one question: How did the collision actually happen? The answer to this question is provided not by assumptions or testimony, but by objective, scientific analysis.

That is why I involved an auto-technical (trasological) examination in the case. A trasological examination establishes how events actually unfolded based on the analysis of the nature of damage to the vehicles, their relative positioning, and collision geometry.

The expert opinion demonstrated what my client maintained from the beginning — that he was not at fault for the accident.

Court Decision

The judge of the Panel for Administrative Cases of Mtskheta District Court examined the case objectively and thoroughly. The court agreed with the expert opinion from the trasological examination ordered by me and concluded that the administrative proceedings conducted by the Patrol Police were incomplete and unsubstantiated.

As a result, both the Patrol Police decision and the fine receipt were annulled — and my client avoided a writ of execution of 91,000 GEL.

What We Should Learn From This Case

This case teaches several important lessons for anyone facing an unfair outcome of a road traffic accident:

  • A fine does not mean guilt. A Patrol Police decision is not the absolute truth. It can be unsubstantiated and, therefore, subject to appeal.
  • Obtaining evidence depends on time. CCTV footage at the accident site, witness statements, and vehicle damage evidence degrade or disappear over time. The faster work begins, the higher the chances of success.
  • Expert examination is decisive. In traffic disputes, a trasological examination is often the only objective tool that establishes the truth.
  • Professional representation is key. Identifying flaws in administrative proceedings, selecting the right evidence, and commissioning an expert examination require specialized knowledge.

Need Help?

If you or your loved one has been unfairly fined or held liable due to a road traffic accident, do not accept an unsubstantiated decision. Every case has a legal path for appeal — the key is to utilize it in a timely and proper manner.

Nikoloz Pkhaladze

Attorney at Law | Law Firm "Pkhaladze & Partners"

Tel: +995 597 117 795

Email: nikushapkhaladzelawyer@gmail.com

Website: www.pkhaladze-law.ge