First appeal against traffic law by driver

Roxana, Tortilla Campos became the first citizen to present an appeal against the traffic law on Friday 26 October, it was confirmed through the Center of Legal Information of the Constitutional Court.

The appeal challenges the Articles 145 and 146 of the law penalizing driving at excess speed. Specifically, the appellant submits there is not enough signage to notice what are the speed limits in the ring road.

The resource has not been admitted, but if it has enough evidence, could void the financial penalty that the traffic officer, imposed to punish the driver for speeding.

The law states that anyone traveling at 30 kilometers per hour over the speed limit is subject to a fine of 94,000 colones. If excess outside mph over the limit the fine is 47,000 colones. In both cases, the penalty would not affect the score of the license.

Weeks ago, a report filed by Justice Jose Manuel Arroyo of Division III to the Court warned that the current Traffic Law contained several elements that made it vulnerable to legal resources and actions of unconstitutional.

According Arroyo is difficult to anticipate the reaction of the drivers and the application of new fines could generate a wave of appeals or unconstitutional actions, but notes that the text is not free to engage in constitutional friction.

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