Speeding Fines in Portugal: How to Contest Your Traffic Ticket
When driving in Portugal, it is essential to know the traffic rules. Sometimes, even the best drivers can receive a fine. In this article, we will explain what happens when you receive a fine and how you can contest it.
If you are only interested in contesting the fine, please check here.
Points System
Each driver starts with 12 points. Each time you violate a driving rule, some points are deducted, usually between 2 to 6 points.
If you have only 4 points left, you will have to attend additional road safety classes. If you have only 2 points left, you will have to retake the theoretical driving test.
If you lose all points, you will not be able to drive for two years and will have to retake all driving tests.
But, if you drive without violating any rules for three years, you will receive three extra points.
For minor infractions, usually 2 points are deducted from your license. But for more serious violations, more points may be deducted.
Points per Violation
Depending on the violation, some points are deducted. We have summarized typical violations and potential penalties and fines.
|
Situation |
Speed Limit Exceeded |
Type of Infraction |
Fine (in euros) |
Possible Penalties |
|
Within the locality |
Up to 20 km\/h |
Light |
60 to 300 |
Possible loss of points on the license |
|
20 km\/h to 40 km\/h |
Serious |
120 to 600 |
Possible driving ban (1 to 12 months), loss of 2 points |
|
|
40 km\/h to 60 km\/h |
Very serious |
300 |
Driving ban (2 to 24 months), loss of 4 points, possible loss of license if temporary |
|
|
Exceeding 60 km\/h or more |
More than 60 km\/h |
Very serious |
Driving ban (2 to 24 months), loss of 4 points, possible loss of license if temporary |
|
|
Outside the city |
Up to 30 km\/h |
Light |
60 to 300 |
Possible loss of points on the license |
|
30 km\/h to 60 km\/h |
Serious |
120 to 600 |
Possible driving ban (1 to 12 months), loss of 2 points |
|
|
60 km\/h to 80 km\/h |
Very serious |
300 |
Driving ban (2 to 24 months), loss of 4 points, possible loss of license if temporary |
|
|
Exceeding 80 km\/h or more |
More than 80 km\/h |
Very serious |
Driving ban (2 to 24 months), loss of 4 points, possible loss of license if temporary |
What to Do When You Receive a Fine?
When you receive a fine, it is crucial to ensure it is paid within the stipulated deadline. This remains true even if you are appealing. However, there may be various reasons for not agreeing with the fine:
- Inaccurate Information: You may believe that the details regarding the alleged infraction are incorrect. This can include inaccurate speed measurements, mistaken identification, or errors in the infraction report itself.
- Emergency Situations: You may claim that you were facing a legitimate emergency that justified exceeding the speed limit, such as a medical urgency or a situation requiring your quick arrival at a destination to avoid harm or damage.
- Mistaken Identity: You may argue that you were not the person driving the vehicle at the time of the infraction, or that your vehicle was stolen or used by someone else without your knowledge or consent. Obviously, you will need to prove this.
- Traffic Signs and Road Conditions: You may claim that traffic signs, road conditions, or poor weather or reduced visibility contributed to your infraction and that it was not possible to maintain the speed limit safely. It is crucial to take photographs to support your claim.
In these cases, you can appeal the fine (which must be done within the legal deadline, usually 15 days).
How to Contest a Traffic Fine?
To contest a fine, you must do so within the legal deadline, usually 15 days (but check your infraction report). We have prepared a legal template with steps to help you contest your fine, increasing the chances of success in the appeal. You can download it here.
When facing a traffic fine, it is crucial to know your rights and understand how you can contest it. Below are detailed instructions on how to prepare a defense letter to send to the ANSR (National Road Safety Authority), helping you navigate this process with greater confidence and effectiveness.
- Understanding the Contestation Process: When notified of a traffic infraction, you have the right to contest the decision. It is important to know that you have 15 working days to send your defense to the ANSR. An assertive and well-informed approach is crucial for the success of your contestation.
- Preparing the Defense Letter: Your letter should be clear, concise, and well-founded. Start by correctly identifying yourself and mentioning the infraction report number. Then, present your version of the facts, supported by any relevant evidence, such as photographs or testimonies.
- Example of Defense Letter: Below is our defense letter template.
- Sending and Following Up on the Defense: After drafting your letter, send it by registered mail with acknowledgment of receipt to the ANSR. Keep a copy of all documents sent and follow up on the process, being attentive to any subsequent communication from the ANSR.
- Final Considerations: Drafting an effective defense letter can be challenging. It is essential to be precise, direct, and provide concrete evidence to support your contestation.