Driving in Thailand? Did you get a traffic ticket? Read this

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I very rarely get a traffic ticket. It has been the better part of three years since the last one, and I know I was the one who was wrong. However, according to the latest goings on I didn't have to pay the ticket, at least not right away. Up until now, at least for me, the police would either let me pay on the spot (three guesses where the money went) and be on my way or they would confiscate my driving license until the ticket is paid.

It turns out that procedure was illegal because it deprives the driver of the right to dispute the ticket and take it to court. So, you have the option of refusing to pay the ticket and you can opt to take it to court. Considering the number of tickets the police issue, who knows? It might be years before the case even comes up. And when it does, if the police officer fails to appear in court, I don't know whether you win your case by default or not. I wonder if when your case does get called whether you can just pay the ticket and be done with it or if you would still have to appear in court and defend your case.

Unless the ticket amount is exorbitant - and tickets I've gotten were hardly ever more than 400 baht - I would opt to just pay it. The last place I would want to be is in a Thai court trying to defend myself over some minor traffic violation, even if I know I can prove my case. And I have no idea whether the court would provide an interpreter, but whether they do or if I would need to provide my own, I'm guessing I would have to pay a fee for it which would probably be more than the ticket was in the first place.

But if you think you are in the right and are adamant about proving it, you do have the right to take it to court. Don't forget though, in Thailand even if you are found not guilty, the prosecution has the right to appeal that decision.

The article does not say whether the police can still confiscate your driving license. I don't want to find out the answer the hard way.
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Police will still issue tickets despite ruling

October 8, 2023

Motorists will continue to be ticketed despite the Central Administrative Court (CAC) deciding police have issued traffic tickets unlawfully since July 2020.

The CAC ruled on Sept 27 that a Royal Thai Police (RTP) announcement which went into effect on July 20, 2020, pertaining to traffic tickets was unlawful.

The ruling came after Supa Chotngam, a motorist, petitioned the court asking the announcement be revoked. She lodged the petition against the RTP and the national police chief.

The court, which made public its ruling on Oct 6, found the RTP announcement misled Ms Supa into believing she has committed a traffic offence and must pay a fine with no right to dispute the ticket. It contravened Section 29 of the constitution, according to the CAC.

Section 29 stipulates that an accused is presumed innocent until proven guilty. No law enforcement authority must treat such a person as though they have already committed an offence.

The CAC decided the announcement was also unlawful in setting fixed rates of traffic fines when the matter should be left to the direction of traffic police. The announcement was made under the Land Traffic Act.

The CAC ordered the announcement be revoked with retrospective effect from July 20, 2020, raising confusion over whether motorists should pay traffic tickets issued since or if the police can continue to hand out tickets.

It was reported that a minority judge in the case argued the petitioner could not be presumed to be devoid of a right to dispute her ticket. In fact, according to the judge, the petitioner was entitled to refuse to pay the fine and contest the case in court. The announcement, therefore, does not cause her right to dispute the ticket to be forfeited.

The RTP has 30 days in which to appeal the CAC’s ruling. If the RTP does not appeal, revocation of the announcement will take effect.

According to deputy national police chief Pol Gen Surachate Hakparn, the RTP will appeal against the ruling, reports said.

Pending the outcome, Pol Gen Surachate said fine will need to be paid at the rates specified in the announcement and traffic police will carry on issuing tickets.

https://www.bangkokpost.com/thailand/ge ... ite-ruling