Tiradzhia received a BGN 2500 fine for a violation in Plovdivsko, he was handed the ticket too late

A truck driver who was caught driving on the Plovdiv section of the Trakia highway without paying a toll was fined BGN 2,500. He appealed his sentence to the District Court in Plovdiv, and the magistrates overturned it, as the ticket was handed to him too late.

At 8:44 a.m. on December 15, 2020, it was found that the driver was traveling on the highway, in the area of ​​the municipality of “Rodopi”. However, the toll was not fully paid for the vehicle, nor did he have a valid route map or toll declaration for the crossing.

However, the court is of the opinion that the electronic receipt is subject to cancellation, since the statute of limitations for prosecuting the sanctioned driver has expired. According to the Supreme Court and the Supreme Court, it is inadmissible to establish and punish administrative violations after an indefinite period of time.

In this case, it is clear that the act was committed on December 15, 2020. The electronic slip, with which the driver was fined BGN 2,500, was issued on the same date. The statute of limitations expired 3 years later – on December 15, 2023. And the document was delivered to the offender on January 18 of this year. According to the law, the administrative-criminal proceedings should have been terminated at that moment. There is also another independent reason for canceling the slip – the principle of proportionality is violated.

The decision by which the Regional Court cancels the fine is not final and is subject to appeal within 14 days before the Administrative Court in Plovdiv.