Misdemeanor Law

A contravention report is not a final sentence. Whether we are talking about a traffic fine that comes with the suspension of the license, or about a sanction applied to your company by control institutions, procedural or substantive errors by the finding agents can lead to the annulment of the fine.

The firm helps you defend your rights, challenge abuses, and avoid paying amounts not owed.

Traffic Contraventions and License Recovery

The Traffic Code is strict, but its application by the police is often subject to error. Loss of the driving license can seriously affect professional and personal life. I intervene quickly to challenge disproportionate or illegal sanctions.

Common situations where I can help:

• Speeding (Radar): Checking the homologation of the radar device and the margin of error.
• Driving under the influence (under 0.40 mg/l): If you have been sanctioned for a misdemeanor, I analyze the testing procedure and the validity of the breathalyzer.
• Minor accidents: Assistance in case of collisions resulting in contravention sanctions.
• License Suspension: Challenging the complementary measure of suspending the right to drive, with the possibility of recovering the license during the trial (Court Certificate).

Fiscal, Commercial, and Labor Fines

For a business, a fine from ANAF, ITM, or Consumer Protection can mean a major financial blockage. State institutions tend to apply maximum sanctions, but a lawyer can identify the flaws in the report.

Services for companies:

• Fiscal Contraventions: Challenging fines for lack of fiscal receipt, primary accounting errors, or other administrative deviations.
• Relationship with ITM: Assistance in case of sanctions for non-compliance with health and safety regulations (SSM) or undeclared work.
• Consumer Protection (ANPC): Defense against sanctions applied to merchants, which may include confiscation of goods or suspension of activity.

How do we annul a fine?

Many people pay the fine out of fear, without knowing that the report may be null and void. The law (G.O. no. 2/2001) imposes strict rules on finding agents. If these are not respected, the fine is annulled.

Stages of our collaboration:

1. Preliminary Analysis: You send me the report. I check if there are grounds for absolute nullity (lack of agent's signature, lack of mandatory mentions, etc.) or relative nullity.

2. Drafting the Complaint: We have 15 days from the handing over of the signed report or, in case of non-signing, from its communication to the domicile address. I draft the contravention complaint invoking all procedural exceptions and substantive arguments.

3. Court Representation: I support the cause before the court, request the administration of evidence (witnesses, video recordings, expertise), and invoke ECHR jurisprudence to overturn the presumption of legality of the report.

4. Enforcement: If you have been foreclosed for a prescribed or not owed fine, we formulate a challenge to enforcement.

Why is it vital to hire a lawyer?

Although in domestic law the report has a "presumption of legality", ECHR jurisprudence gives you the right to a fair trial. I know how to balance the scales in your favor, potentially obtaining even the transformation of the fine into a simple Warning.