Three forms of illegal car rental abroad 1, PARKINGTICKET.
Parking violation mainly refers to the driver's failure to stop according to the regulations, parking in the disabled parking space, next to the fire hydrant, in the red area, or the parking time of the parking meter has expired. The general punishment for illegal parking is a fine _ there will be no driving record _ and it will not be deducted by the vehicle management office. Just pay the fine on time after parking violation. If the owner ignores the illegal parking fine _ the cumulative number of times reaches a certain level _ the court can issue a wanted order to arrest the parties. Some states also stipulate that parking tickets are not required, and owners are not allowed to re-register their vehicles or issue driver's licenses. If the owner is given a ticket for lending his car to someone else, even if the owner is not the driver, the owner still has to pay the fine.
Vehicle maintenance notice (correct notice
Violence also belongs to this kind of ticket. When the police notice that the headlights of cars driving on the expressway are broken or the brake lights are not on, they will issue such a notice and ask the owner to correct it. The owner will confirm that the repair measures have been taken within a period of time. The owner must repair the vehicle at the specified time as required, and then drive the vehicle to the police station or court for inspection. Confirm that the parts to be repaired have been repaired according to the regulations. Cases that violate vehicle functions can be closed without a bad driving record. If the owner sells the car, he should also inform the motor vehicle management office and the court, otherwise the court will mistakenly think that you have not repaired it and will issue a wanted order.
2. A ticket for violating traffic regulations.
Accurately speaking, a summons should be a notice to appear in court.
The driver of a motor vehicle was stopped by the police on the spot because he did not obey the traffic rules, such as not taking his driver's license, speeding, not giving way, not stopping by the "stop" sign, etc. The police will only issue a notice to the parties, asking them to appear in the designated court on the designated date. When the police issue a ticket, they need the parties to sign the form. Many people think that once they sign, they admit that they have violated the rules _ or that the ticket issued by the police is unfair, but they refuse to sign the notice. If the client refuses to sign the visa, the police have to take arrest action. It is useless for the client to scold the police for discriminating against Chinese, because the police's behavior is not illegal.
When dealing with a general contract, don't sign it casually without knowing the content. However, new immigrants should play it by ear only when traffic tickets are involved. Signing only means that the parties agree to appear in court to confront the police. But if you didn't sign at that time, the police could arrest the driver for obstructing official duties or resisting arrest.
Drivers can pay fines directly to the court. If the driver has not attended the driving violation course within 18 months before getting the ticket, he can apply to the court for class, which can avoid DMV deduction and the increase of auto insurance premium.
Therefore, after the driver gets the ticket, he must first decide whether to go to court with the police. If you want to "confront", you have to spend a lot of time preparing. The judge is more inclined to the police side, because the judge thinks that the police have no reason to issue tickets for no reason. But in the following cases, fighting may be beneficial to motorists:
(1) If your traffic violation score is too high to continue your class, your driver's license may be revoked. If you don't call _, you will automatically admit your mistake and may lose your driver's license _
(two) there are independent witnesses or evidence to prove that the police issued a ticket improperly or illegally. After deciding to meet the police in court, drivers should pay attention to the following issues in the process of fighting in court:
First, if you fight with the police in other States, you usually need to fight directly in other States, but you can also fight in writing through a lawyer. But you know, if the struggle fails, the violation records of other States will also have an impact on California.
Second, you can change your decision before or when you appear in court _ ask the judge for the opportunity to attend class. Many times, judges encourage offenders to study in traffic schools. After learning, the traffic violation scores of offenders can be deducted.
Third, we should make full preparations before the war. The parties concerned shall return to the scene, take photos of the scene and look for favorable evidence and witnesses. From a scientific point of view, the police may still be unable to say that they have violated the rules. If the top speed can only be 80 miles per hour _ but the police ticket says that the speed is 120 miles per hour _ if witnesses or evidence can be found to prove that the car can't drive so fast, and so on. For example, in the case of running a red light, if someone behind the car can be found to testify in court to prove that the party concerned did not run a red light,
Will be a strong proof.
In court, the parties have the opportunity to question the police. The parties concerned can start with the police's position, sight, sunshine brightness, the number and total number of tickets issued and the nature of other tickets. Prove that what the police said is inconsistent with the facts, or let the court know through cross-examination that the police's testimony is full of mistakes and is not worth believing.
In addition, some people will use some technical loopholes to defeat the police. One of the most common is delaying tactics. When the police issue a ticket, they often choose a date when they can appear in court. If the driver asks for an extension, it will often disrupt the original schedule of the police. Many states stipulate that if the police don't appear in court, the ticket will be invalidated automatically. But this situation is only an opportunity, and many courts may not agree to an extension. Ask the court in advance about the postponement of court appearance.
Sometimes go on road trip may get a ticket in another state, so he can't ignore it. If I can't go to another state, I can call the court. If you decide not to call, ask the court if you can pay the fine by credit card. If you decide to call, you can call in writing. You can also ask your local lawyer for help.
Traffic violation is a criminal case.
If the driver seriously violates the criminal law while driving, such as drunk driving _ reckless driving, collision and escape, driving without a license, etc. Such cases are divided into misdemeanor and felony. Generally, misdemeanors are sentenced to fixed-term imprisonment of less than one year, and felonies are sentenced to fixed-term imprisonment of more than one year. If the circumstances are minor, the police may notify the driver to appear in court after arrest. If the violation is serious or the driver may escape from court, the police can ask the driver to pay bail before releasing the driver.
It is best to hand over cases of violating criminal responsibility to professional criminal defense lawyers, because such cases not only affect the freedom of drivers, but also affect their driver's license, criminal record and immigration status. If they can't afford private defense lawyers, drivers can apply for public defense lawyers and Chinese translators in court to help them.
Overseas illegal car rental measures 1. The car rental contract stipulates that the illegal deduction will be transferred directly from the credit card.
Ms. Wang, who lives in Tongzhou, once rented a car through an international car rental company and traveled on go road for a week. After returning to China for more than a month, she suddenly found that her credit card was deducted 1 1.9 euros, because she had not received any notice of deduction before, which led to her overdue repayment and a late payment fee on her credit card. Upon inquiry, Ms. Wang deducted a fine for traffic violations in other places. Many people who drive abroad have also encountered the same experience as Ms. Wang. In the car rental contract signed with the car rental company, customers often directly authorize the company to help deal with foreign traffic violations, and the fine is directly deducted from the credit card left at that time. According to the credit card information left by the customer, the car rental company can help pay, but it will also charge a certain handling fee. The agreement signed before renting a car is authorized by the customer, and the cardholder's consent is not required for deduction.
2. Deal with the violation in time, otherwise the entry will be restricted.
If the parties have objections to foreign traffic violations, some car rental companies can help consult the local responsible departments to see what the specific situation is and send the corresponding evidence given by the responsible departments to customers. However, some companies are not responsible for handling it. In this case, the renter can only contact the foreign traffic control department or file a lawsuit. If you don't pay the fine, you may be restricted from entering this country next time.
3. Payment method of fines.
Pay the fine yourself. The renter can pay online according to the website and ticket number indicated on the ticket or email, or remit money according to the electronic bank account provided on the ticket.
Pay the fine through the car rental company. When signing the contract, the car rental company is authorized to directly deduct from the credit card to pay the traffic violation fine.
If you refuse to accept the punishment, you can raise an objection.
The renter can solve the problem through the rental company, or directly contact the foreign traffic control department or file a lawsuit.
After receiving the ticket, you can contact the relevant foreign institutions to confirm the facts of traffic violations.
If there is no objection, you can pay the fine through the car rental company.
If there is no objection, you can pay the fine yourself.
Precautions for illegal car rental 1. When renting a car abroad, you can buy a calling card of the country you are going to. First, the new card will have a complimentary flow. You can link your car rental information, regularly check whether there will be a violation ticket, or ask the car rental company how to inquire through the car rental company's platform, so that there will be no credit card penalty interest, but you don't know why, because the credit card is pre-authorized, and deduction is not needed.
When you know there is a ticket for violation, you must deal with it in time. It is best to handle the fine yourself. If you give it to the car rental company, you need to pay more handling fees!
3. Bian Xiao suggested that you should carefully read and understand the local traffic rules before going out, drive safely and avoid unnecessary expenses.