Contesting a fine or naming the driver

Terms used

• Alegaciones — Alegaciones are your written arguments and evidence against a fine, filed with the body that is sanctioning you.
• Dirección Electrónica Vial — The Dirección Electrónica Vial is an official electronic mailbox where traffic authorities send fines and notices.
• Recurso de reposición — The recurso de reposición is an optional appeal to the same body that imposed the fine, asking it to reconsider.
• Recurso de alzada — The recurso de alzada is an appeal to the superior body above the one that imposed the fine.

Key rules

• Deadline: You have 20 natural days from notification to file allegations or identify the driver.
• Paying: Paying with the 50% reduction ends your right to make allegations.
• Not driving: If someone else was driving, you must name them; staying silent can bring its own penalty.
• Living abroad: A Spanish fine can be enforced across the EU, so ignoring it is not safe.

The short answer

You have 20 natural days from notification to file allegations or identify the driver. Act inside that window. If you were not driving, name the driver. If you were driving and the fine looks wrong, contest it. If the fine is correct, paying with the 50% reduction is usually the cheapest route, but paying ends your right to make allegations.

Were you the driver?

The fine goes to the vehicle's owner. If someone else was driving, you must say who. Ignoring the request is a separate problem and can be treated as a serious offence of its own. Name the driver through the same channel you received the notice, using the driver's full details and licence number.

If you were driving, you do not name anyone. Choose between paying and contesting.

Should you contest?

Weigh these points:

• Evidence. Photos, errors in the notice, or doubts about the radar reading make a case stronger.
• Points. If the fine takes points, check how many you have left. Losing all of them ends your right to drive.
• Cost. A lawyer's fee can be more than the 50% you would save.
• The reduction. If you contest and lose, you normally lose the reduction. The law allows late payment with the reduction only in some cases.
• Time and distance. If you live abroad, the fine can still be enforced across the EU, so ignoring it is not safe. Contesting from another country also takes time.

What you can argue

Valid grounds for allegations (alegaciones) include:

• The wrong person is named as driver.
• The facts did not happen or are described wrongly.
• The notice was late or defective.
• The fine has expired or is out of time (prescription).

You can propose evidence: witnesses, documents or an expert report. File with the body that is sanctioning you. The case must be resolved within a year, or it expires.

How to file

Use the DGT electronic office with an electronic certificate, DNIe or Cl@ve, or use your Dirección Electrónica Vial mailbox if you have one. Fines from a town hall go through that town hall's own electronic office. You can also file on paper at any public registry office or post office. The process steps and checklist below walk you through it, and the template gives wording you can adapt.

Deadlines and channels can differ by authority, so check the notice itself for the exact date and place.

If the fine is imposed anyway

You can still appeal:

• An optional recurso de reposición, to the body that fined you, within one month.
• A recurso de alzada, to the superior body, within one month, where it applies.
• A court appeal (contentious-administrative) within two months of notification of the decision.

Choosing between options

Should you pay with the reduction, name the driver, or contest the fine?

• Pay with the 50% reduction: Fits if your evidence is weak and you accept the fine, since paying within 20 natural days of notification ends your right to make allegations.

• Name the driver: Fits if you were not driving: identify the driver within 20 natural days of notification.

• File allegations: Fits if you have solid evidence, such as photos, radar problems or errors in the notice, or if points are at stake.

• Appeal after the sanction: Fits if the fine is imposed anyway: ask the fining body to reconsider within one month, or go to court within two months of notification.

Contest when your evidence is strong or losing points would hurt, because losing all points ends your right to drive. Pay with the reduction when the evidence is weak and the saving beats lawyer fees. If the fine is imposed, appeal.

Steps to contest a traffic fine

• Find out how the fine reached you: on the spot, to your Dirección Electrónica Vial (DEV, an official electronic mailbox), by post, or in the public fines notice board (TESTRA): as soon as you hear of the fine

• Open an electronic notice quickly, because it counts as rejected if you do not access it, and the process carries on without you: within 10 natural days of it arriving

• Decide whether to pay with the discount or contest, since paying ends your right to make allegations: before the 20 natural days end

• Open the notification with its reference and your ID, choose identify driver or allegations, fill in the details, attach evidence, sign and keep the receipt: when you file

• Wait for the decision; if the office does not resolve the case, it expires: the case must be resolved within 1 year

• If the fine is imposed, file an optional recurso de reposición with the body that fined you, or a recurso de alzada to the superior body where it applies: within 1 month of the decision

• Take the case to the courts with a contentious-administrative appeal: within 2 months of notification of the decision

Documents you need

• The fine notification, with its reference number, from the office that sent it.

• Your ID, needed to open the notification.

• An electronic certificate, DNIe (electronic ID card) or Cl@ve (the government online sign-in), to sign in to the DGT electronic office. A Dirección Electrónica Vial mailbox is the alternative if you have one.

• Evidence for your allegations, such as photos, witness statements, other documents or an expert report.

• The submission receipt, which you get after sending and should keep.

Checklist

• Open the notification using its reference and your ID.

• Choose the option to identify the driver or to file allegations.

• Fill in the driver's details, or your allegations.

• Attach your evidence.

• Sign and submit through the electronic office, or on paper at a public registry office or post office.

• Keep the receipt.

Wording to identify the driver or file allegations against a fine

Use model A if someone else was driving. Use model B if you were driving, or you own the car and want to dispute the fine. Send either one within 20 natural days of the notification. Fill in every blank in square brackets and keep the Spanish wording as it is.

Model A: identify the driver

Al órgano sancionador: [nombre de la autoridad que aparece en la notificación]

Expediente: [número de expediente] Matrícula del vehículo: [matrícula] Fecha de la denuncia: [fecha]

D./Dña. [su nombre y apellidos], con [DNI / NIE / pasaporte] n.º [número], y domicilio a efectos de notificaciones en [dirección completa], como titular del vehículo indicado,

EXPONE:

Que ha recibido la notificación de la denuncia del expediente arriba indicado, y que en la fecha y hora de la infracción el vehículo era conducido por la persona siguiente:

• Nombre y apellidos: [nombre del conductor]
• [DNI / NIE / pasaporte] n.º: [número]
• Domicilio: [dirección del conductor]
• Permiso de conducir n.º: [número], expedido en [país]

SOLICITA:

Que se tenga por identificado al conductor responsable de la infracción y se dirija el procedimiento contra él.

En [ciudad], a [fecha].

Firma: [su firma]

Model B: file allegations

Al órgano sancionador: [nombre de la autoridad que aparece en la notificación]

Expediente: [número de expediente] Matrícula del vehículo: [matrícula] Fecha de la denuncia: [fecha]

D./Dña. [su nombre y apellidos], con [DNI / NIE / pasaporte] n.º [número], y domicilio a efectos de notificaciones en [dirección completa],

FORMULA LAS SIGUIENTES ALEGACIONES:

Primera. [Explique los hechos con claridad: por ejemplo, "El vehículo no estaba en el lugar indicado" o "La señal no estaba visible".]

Segunda. [Otro motivo, si lo hay. Si no, elimine esta línea.]

Se adjuntan los siguientes documentos como prueba: [lista: fotografías, tickets, contrato, justificantes, etc.].

SOLICITA:

Que se admitan estas alegaciones, se tengan por aportadas las pruebas indicadas y se archive el expediente sin sanción.

En [ciudad], a [fecha].

Firma: [su firma]

Before you send it

• Copy the expediente number, plate and date exactly as they appear in the notification.
• Attach a copy of your ID. For model B, attach each piece of evidence you list.
• Send it through the electronic office of the authority that fined you, or on paper at a public registry office or post office.
• Keep the receipt or the stamped copy. It is your proof that you filed on time.

Frequently asked questions

What can I argue when I file allegations against a fine?

You can argue that the wrong person is named as driver, that the facts did not happen or are wrongly described, that the notice was late or defective, or that the case has expired.

Do I lose the 50% reduction if I contest and lose?

Yes, you normally lose the reduction if your challenge fails, unless the law allows you to pay later in your case. Weigh that against lawyer fees before you decide.

Is it safe to ignore a Spanish fine if I live abroad?

No, a Spanish fine can be enforced across the EU, so ignoring it is risky even if you live abroad. Contesting also takes time, so plan for that before you start.