Traffic accident offense

For this case

Our client was charged with a misdemeanor for an act of improperly moving the vehicle to the left, in accordance with the Law on Road Traffic Safety. Therefore, a misdemeanor procedure was initiated. Traffic accidents are everyday, but this does not mean that every participant in a traffic accident who drives a car is guilty or responsible for its occurrence. The legislator has provided that everyone is innocent until proven otherwise by a final court verdict.
AreaMisdemeanor procedure
Time frame2 years
LawyerAleksandar Stankovski

Challenge

It is very important that traffic violations are properly determined, otherwise there is a possibility that a large number of road users will be wrongfully convicted. In this case, the ban on driving a motor vehicle was a special challenge due to the fact that the client is a professional driver and his job, i.e. the future existence of him and his family, depended on this verdict.

Our process

1. Case planning

The investigation and collection of information related to the case is of crucial importance. Although in this particular case there is an on-site inspection report prepared by police officers who went to the scene and determined the factual situation, additional facts of importance for the correct determination of the material truth were also determined from the verbal statements of the witnesses.

2. Assessing the situation

After collecting all the evidence, it was indisputably determined that the defendant was involved in a traffic accident, but the actions he took did not include the action that was charged against him with the charge of initiating misdemeanor proceedings.

3. Filing a case in court

The procedure before the court has already been initiated with the request to initiate misdemeanor proceedings. We have collected sufficient evidence to prove that there is no guilt on the part of the defendant and these were presented before the court.

4. Result

The first-instance procedure ended negatively, that is, the defendant, our client, was convicted. After which an appeal was filed by us and it was accepted by the Second-Instance Court. The case was returned to the first-instance court for a re-determination, which remained consistent with the initial verdict and without any change made the same verdict. An appeal was filed by us again and this time the Second-Instance Court decided on the merits in a public session and acquitted the defendant of guilt, accepting our allegations in full. This case is an indication that perseverance and dedication always give the right result.