C.K., a driver, was fined 1979 lira by an honorary traffic inspector for not giving way to a pedestrian at an uncontrolled pedestrian crossing under Article 74/B of the Highway Traffic Law.
The driver, through his lawyer Aykut Özdemir, filed an objection to the fine. The lawyer pointed out in the objection letter that there was no evidence or photographs to support his client’s violation.
Following the application, Ankara 3rd Criminal Peace Judgeship decided to cancel the fine.
In the court’s decision, it was emphasized that according to Article 25 of the Misdemeanors Law, it is mandatory to provide all evidence that would prove the act that requires an administrative sanction, as well as the place and time of the offense.
The decision stated that in the case under review, there was no suitable determination or explanation regarding this information, and it was noted that “the allegation of misdemeanor violation was not verifiable, the minutes were unlawfully prepared,” and therefore the administrative fine was cancelled.
