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Can a fine be cancelled if the car was driven by another driver?

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Boiko Kateryna
Lawyer
Poland / Warsaw
Boiko Kateryna

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Reading time: 9 minutes Total views: 2
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Publication date: 29.01.2026

Receiving a fine for an offense that you did not actually commit is a stressful and at the same time quite common situation. This most often happens when another person was using the vehicle — a relative, acquaintance, or company employee — while the car owner was not behind the wheel at the time the violation was recorded. 

In such circumstances, many drivers mistakenly believe that the fine cannot be appealed because it was formally issued to the vehicle owner. In reality, the law provides a real opportunity to submit an application for cancellation of the fine and prove that the penalty was imposed on an innocent person. With proper legal argumentation, cancellation of the fine is a fully achievable outcome. 

 

When is cancellation of the fine possible? 

The law allows cancellation of the fine in situations where it is established that the car owner was not driving the vehicle at the time of the offense and that another person was the actual driver. This rule applies both to private individuals and to entrepreneurs who have company vehicles registered in their name. 

The most common situations in which cancellation is possible include: 

  • violations recorded by automatic control systems (cameras, photo radars, sectional speed measurement); 
  • mistaken identification of the driver by an official; 
  • use of the car by a third party without the owner’s involvement; 
  • cases where the owner was physically unable to be behind the wheel. 

In all such cases, proof of innocence is of key importance, confirming that the fine was not imposed on the actual violator. 

 

Application for cancellation of a traffic fine: legal significance 

To initiate the procedure, it is necessary to submit an application for cancellation of a traffic fine, prepared in accordance with procedural requirements. This document forms the legal basis for re-examination of the case by the competent authority or the court. 

In the application, it is important to: 

  1. clearly state that another person was driving the car;
  2. describe the circumstances under which the vehicle was transferred; 
  3. provide proof of innocence (explanations, documents, testimony); 
  4. comply with the established submission deadlines. 

An insufficiently substantiated or formally incorrect application may be rejected without detailed analysis, which significantly complicates further cancellation of the fine. 

 

How does the procedure for canceling a fine take place? 

The procedure for cancellation of the fine is clearly regulated and consists of several consecutive stages. Initially, the competent authority reviews the submitted application and the attached evidence. If the arguments are considered insufficient, the case may be referred to court. 

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In such a situation, a court hearing to cancel the fine is held, during which all case materials, explanations of the parties, and the legal position of the applicant are assessed. At this stage, professional legal support is crucial, as any inaccuracy or lack of evidence may affect the final outcome. 

 

Why should you contact a lawyer? 

The most challenging aspect of such cases is properly proving that the fine was imposed on an innocent person. A lawyer evaluates whether the submitted proof of innocence is sufficient, verifies the completeness and correctness of the materials, and determines whether the application for cancellation of the fine requires additional arguments.

 Legal assistance is particularly important when the case reaches court or when the authority has already refused cancellation of the fine at the administrative stage. 

 

Conclusion 

If another driver was operating the vehicle at the time of the offense, cancellation of the fine is a very real mechanism for protecting the rights of the vehicle owner. A correctly prepared application for cancellation of a traffic fine, convincing proof of innocence, and strict compliance with procedural deadlines play a decisive role. 

In more complex situations, especially when a court hearing to cancel the fine is scheduled, professional legal support significantly increases the chances of a positive decision and helps avoid unjustified financial losses.

 

FAQ

Question

Can a fine be cancelled if another person was driving the car?

Answer

Yes, if it can be proven that the vehicle owner was not driving at the time of the violation, the fine may be cancelled.

Question

In which cases are such fines most often cancelled?

Answer

Most commonly in cases involving violations recorded by speed cameras or automated monitoring systems.

Question

What evidence can prove the owner’s innocence?

Answer

Written statements, documents, witness testimony or proof that the vehicle was handed over to another driver.

Question

Is it necessary to file an application to cancel the fine?

Answer

 Yes, without a properly submitted application, the case will not be reviewed.

Question

Is legal assistance required?

Answer

 Legal assistance is not mandatory, but it significantly increases the chances of a successful outcome, especially in court proceedings.

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