It is commonly understood that traffic fines are time-barred within 2 years, which is not entirely correct.
Article 188 of the Highway Code states the following:
Article 188 – Limitation period for proceedings
1 – Proceedings for road traffic offenses are extinguished by prescription as soon as two years have elapsed since the offense was committed.
2 – Without prejudice to the application of the suspension and interruption system provided for in the general system for administrative offenses, the statute of limitations for road traffic offenses is also interrupted when the defendant is notified of the conviction.
Multas e Coimas would like to clarify the following in this regard:
A road traffic offense case is time-barred in 2 years if, in this time frame, the driver or vehicle owner, as the case may be, does not receive any notification regarding the case, during the course of the case, from the date of the infraction.
But if, after the infraction, you receive any notification regarding the case before 24 months have passed, the period is interrupted and a new 2-year limitation period begins again.
However, the case will always be time-barred if it has not been definitively or finally decided 3 years after the infringement, under the terms of Article 28(3) of the RGCO.
There is also an additional period of suspension of the limitation period, which cannot exceed 6 months, under the terms of article 27-A of the RGCO.
In the best case scenario, a road traffic offense case can expire within 2 years of the date of the infraction.
At worst, the life of a case of this nature can be up to 3 years and 6 months.
The statute of limitations is therefore between 2 years and 3 years and 6 months from the date of the offense.
In order to determine whether the procedure is time-barred, each specific case must be analyzed.
Multas e Coimas explains that it is possible to contest your traffic fine, especially if it is SERIOUS or VERY SERIOUS, so that the driver is not banned from driving, does not have their driving record tarnished, and does not lose points on their license.
Please note that paying the fine does not avoid these penalties. You can and should always contest it.
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