When can you refuse a ticket? Driver's rights step by step

An encounter with a police officer during a roadside check can be stressful for any driver. In such situations, we often don't realize our rights. However, Polish law allows drivers to refuse a ticket – an important option in controversial situations.

Every driver in Poland has the full right to refuse a ticket . The law clearly states that the officer must inform us of this option before issuing the document. Furthermore, the officer is obligated to explain the consequences of such a decision – the case will then be brought to court. We do not have to explain the reasons for the refusal or present any evidence at the checkpoint. We always have this right – regardless of whether the offense is speeding, illegal parking, or any other traffic offense. The principle of presumption of innocence applies until a court verdict is issued.

Sometimes during a roadside check, we're certain we've done nothing wrong, but the officer is mistaken. Perhaps the road signs were illegible, the speed camera miscalculated the speed, or the officer misjudged the road. In such moments, refusing to accept a ticket seems like a good decision, especially when we have witnesses or dashcam footage. Professional drivers often exercise this right during SENT system inspections when they disagree with the road transport inspectors' findings. People who receive a speeding ticket from a speed camera but have concerns about the accuracy of the speeding report act similarly. It's also worth considering refusing if you've been involved in a road traffic collision and the police find you guilty, while you see the situation completely differently. Remember, however, that the decision to refuse should be carefully considered – sometimes it's better to pay the ticket and, colloquially speaking, get it over with than to waste time on court. Our subjective perspective, fueled by emotions, can also lead to an incorrect assessment of the situation.

The procedure for refusing a ticket isn't complicated, but it's worth knowing the steps to ensure everything runs smoothly. As mentioned, the officer must inform us of the possibility of refusal and its consequences – this is a mandatory instruction that cannot be omitted. The officer will also tell us what the fine would be if we accepted it. Then we must consider whether we have actually committed the offense and whether we have any defenses. If we decide to refuse, we must state our decision clearly and decisively . We can't be ambiguous here. The officer will then prepare a memo documenting our refusal. From that point on, the case automatically transfers to the district court where the incident occurred. We don't need to submit any additional motions or documents – everything happens automatically.

If you refuse a ticket, your case will go to court, where it will be heard according to standard procedure for misdemeanor cases. The police, as prosecutors, must prove your guilt , not your innocence – a crucial difference. The court can acquit you if they find you didn't commit an offense, or impose a fine, which can be the same, lower, or higher than the original ticket. You also have to factor in the costs of legal proceedings if you're convicted. The penalty point system also works slightly differently: if you refuse a ticket at the scene, the points are only added temporarily. The final entry is made only after a final court ruling. However, the need for mandatory insurance is never disputed. The third-party liability/automotive insurance calculator will help you quickly determine your rate.

The decision to refuse a ticket should always be carefully considered and based on a realistic assessment of the situation. It's worth refusing when you're certain you're right and have evidence, witness statements, or documents confirming your version of events (in this context, "our version" means the truth). Refusal also makes sense if the officer made procedural errors during the stop or if the fine is grossly disproportionate to the offense. On the other hand, if you've actually committed an offense, you should accept the ticket without question. The same applies when the risk of a higher court fine is high and you don't want to waste time going to court. Remember, too, that legal proceedings can drag on for months and generate additional costs, even if you ultimately win. Sometimes, reasonable calculation—not to mention simply honesty and responsibility for your actions—suggests that you should agree with the officer's decision. In most cases, this is the best solution.