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Car debts - Detran

Last activity 28 February 2024 by rraypo

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Alex Menning

I went for a drive with my car that had been sitting unused for a long time, I was stopped and it turned out the car had debts that I wasn't aware of beforehand and the car was taken by the police.


Checking the fines I noticed something utterly strange.


There are 8 fines that supposedly occurred on the same day in 2022, on the same highway, each 1-5 minutes and kilometers apart. So within 11 minutes, I received 8 fines for overtaking / driving in the opposite direction (ULTRAP P/ CONTRAMÃO LINHA DIVISÃO DE FLUXO OPOSTO, CONT AMAR).


I find it highly unlikely that there were separate police officers monitoring traffic at each of those kilometers, as well as knowing for a fact that there aren't enough traffic cameras on that short strip for 8 fines.


I've had positive encounters with Brazilian police, but reading about others' experiences raises some doubts. Is there a possibility that some of these fines are fraudulent? Are there extra fines added without any real violation?


Has anyone experienced this before? Is there anything I could do? Do they have to provide proof of the violation?


Each fine is really high, ranging from 1000 to 3000, and I don't realistically see how it's possible to receive 8 fines in 11 minutes. What could be done in this situation? Is there a possibility to dispute them? What is the probability of success?


If anyone has been in a similar situation or has experience disputing fines, I would be really grateful for any information! If anyone knows, what is the process to get the car back and how much additional costs are involved, besides paying the fine. I would be very grateful.

abthree

02/26/24 @Alex Menning.  The exact process for disputing fines will depend to some extent on the state where you live and/or where the fines were assessed.  If you're looking at between R$8,000 and R$24,000 that you did not incur and that you're sure that no one that you allowed to use your car incurred in your absence, then you certainly need to talk to an attorney as soon as you reasonably can.  Further delay can result in the possibility of lost records, and the certainty of interest applied to the open balances.

Alex Menning

It's in Santa Catarina. The Fines are 17000R$ total for that incident, 8 fines all together. It could've only be me driving and I believe it's possible that I might've actually commited 1 or maximum 2 violations. Perhaps possible. But 8 fines in 11 minutes, in that short strip just doesn't seem realistical. Should've there been 8 police units to monitor it? Doesn't make sense.


Thank you for the response, probably that's the way to go!

rraypo


    It's in Santa Catarina. The Fines are 17000R$ total for that incident, 8 fines all together. It could've only be me driving and I believe it's possible that I might've actually commited 1 or maximum 2 violations. Perhaps possible. But 8 fines in 11 minutes, in that short strip just doesn't seem realistical. Should've there been 8 police units to monitor it? Doesn't make sense.
Thank you for the response, probably that's the way to go!
   

    -@Alex Menning

Have you petitioned DETRAN for details of the individual fines? They have a process for this to provide you with times, dates, and locations of each fine along with the specific infractions committed.

GuestPoster376

WOW !!!


The only way this could happen to me in Rio de Janeiro is if I drove around the block several times ln rapid succession, while not paying attention, as I am looking for a specific parking spot, etc. We have these municipal traffic police who stand at intersections with their little notebooks in hand. Create an infraction, and you get a the fine in the mail. Ask me how I know.


Did you get any form of official notification immediately by mail after the events ? I'm sure this can be sorted somehow.

Alex Menning

@rraypo  Thank you for the response. I will look into this asap. I assume this should be done physically at their office? Just hope it still works for nearly 2 year old incidents.

Pablo888

Do you park your car in a public place?  Do you have all of your plates?  How secure are they?  Did you lose one of them?


As @rraypo mentioned, there should be a copy of the infraction somewhere.  Please pay attention to the vehicle model, make, and color on the report.  If there is camera evidence, it would help you to figure out who was driving.


I know that in the US, there are digital plates but those should be locked by DMV.  Not sure if this is a case of mistaken identity....

Alex Menning

@Pablo888 It's a valid question and thank you for the insight. But luckily everything is safe and secure in that sense.


It was me driving and as I said, I do believe it's possible that I perhaps had a traffic violation on that time, but it doesn't seem realistical at all that it was 8 violations in 11 minutes. The option that were 8 police monitoring traffic simply doesn't make sense and there isn't more than 1 camera on that short strip, if even that. So the other 7 violations really seem like they were added either by mistake or by fraud.


I can access the fines on the detran homepage, with the plate number and renavam. It gives me details, such as the car, date and time and location.

Is that what you guys are talking about?


My question is whether there is a specific place for me to ask for more specific details, such as the camera photo or the police patrol info. Do they have the obligation to provide that.


Or whether I'm wasting time and there would not be anything to do after nearly 2 years anyway.


At the moment, I contacted one attorney to get some information, but the communication has been slow. And I'm thinking about going to detran office to ask questions.

abthree


   02/27/24 @Pablo888 My question is whether there is a specific place for me to ask for more specific details, such as the camera photo or the police patrol info. Do they have the obligation to provide that.

Or whether I'm wasting time and there would not be anything to do after nearly 2 years anyway.

At the moment, I contacted one attorney to get some information, but the communication has been slow. And I'm thinking about going to detran office to ask questions.   

    -@Alex Menning


You want to get your car back, and you want to make R$17,000 in fines go away, if you can.  That's not something that I'd try to do on my own, and I'm a Brazilian citizen.  If you're up to giving it a try, more power to you, but make sure that you're very, very friendly, and avoid even the appearance of telling DETRAN officials what their "obligations"  are.  The word "fraud", of course, should never come up, even by implication.  If you begin to sense that an attitude of "we need to teach this foreigner to respect our laws!" may be developing, back off and let a lawyer handle it.  Good luck.

Peter Itamaraca

I must admit I pay my (occasional) fines in a timely fashion, and regularly check the Detran website to see if I have missed any. But that is just me...


My point is that I thought, perhaps erroneously, that you could not renew your annual car docs if there were outstanding fines that had not be reconciled (payment schedule agreed), or that were overdue?

rraypo


       02/27/24

"... If you're up to giving it a try, more power to you, but make sure that you're very, very friendly, and avoid even the appearance of telling DETRAN officials what their "obligations"  are.  The word "fraud", of course, should never come up, even by implication.  If you begin to sense that an attitude ... "



That is sage advice indeed Abthree.


To the poster, "If you begin to sense that an attitude ... "  then you eat crow, apologize, bow down, act like you know absolutely nothing and they know absolutely everything, begging them for their help as there is nothing else you can do, you need them, they do not need you, and they most assuredly know it. 



In my humble experience, if there is any one single entity in Brasil that is at the very top of its own power trip pyramid, and in total, 100% control of their destiny, it is DETRAN

rraypo


    @rraypo  Thank you for the response. I will look into this asap. I assume this should be done physically at their office? Just hope it still works for nearly 2 year old incidents.
   

    -@Alex Menning


I pay my auto-renewals online through my banks with a DETRAN link. It shows tickets, fines, tax, etc., including the date they were issued, but no other details about them. I've been told we can order the ticket/fine details on the bank APP too, but my Portuguese is not nearly good enough for that. I seem to pick up a ticket or two every year and generally have no idea why.

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