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Overtaking, Racing, Breathalyzer, and More! Traffic Laws That Can Result in Fines of Nearly 3,000 Reais and Suspension of Driver’s License If Violated

Written by Ruth Rodrigues
Published on 04/08/2024 at 19:48
Conheça as infrações às leis de trânsito que podem resultar em multas de até R$ 2.934,70 e suspensão da CNH por manobras perigosas.
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Learn About Traffic Violation That Can Result in Fines of Up to R$ 2,934.70 and Suspension of the Driver’s License for Dangerous Maneuvers.

In Brazil, traffic is governed by a set of rules established by the Brazilian Traffic Code (CTB). These rules aim to ensure the safety of all road users, from drivers to pedestrians. One of the most effective ways to stay within the traffic laws is through the imposition of severe penalties for behaviors that put people’s lives at risk. In this article, let’s detail the main infractions related to dangerous maneuvers that can result in significant fines and the suspension of the National Driver’s License (CNH).

Infractions and Penalties According to Traffic Laws

Driving Under the Influence of Alcohol

According to Article 165 of the CTB, driving under the influence of alcohol or any psychoactive substance is a very serious infraction.

The fine for this infraction is R$ 2,934.70, in addition to the suspension of the CNH and removal of the vehicle. In case of recurrence, the fine doubles, increasing to R$ 5,869.40.

Refusal to Submit to Alcohol Tests

Article 165A provides that refusing to undergo tests, clinical exams, expertise, or other procedures to certify the influence of alcohol or another psychoactive substance also results in a fine of R$ 2,934.70, suspension of the CNH, and removal of the vehicle.

Recidivism for this infraction also doubles the fine to R$ 5,869.40.

Street Racing

Racing on public roads, according to Article 173, is an infraction that results in a fine of R$ 2,934.70, suspension of the CNH, and seizure of the vehicle.

Again, in case of recurrence, the fine increases to R$ 5,869.40.

You Are Also at Risk of a Fine If You Do

Competitions and Maneuver Displays

Article 174 addresses the promotion or participation in competitions, organized events, displays, and demonstrations of skill in vehicle maneuvers without permission from the traffic authority.

The penalty is a fine of R$ 2,934.70, suspension of the CNH, and seizure of the vehicle. Recidivists will face the doubled fine, reaching R$ 5,869.40.

Exhibition of Dangerous Maneuvers

According to Article 175, using a vehicle to demonstrate or exhibit dangerous maneuvers, such as sudden accelerations, skidding, or braking with tire sliding or dragging, is also subject to a fine of R$ 2,934.70 and suspension of the CNH.

Recidivism raises the fine to R$ 5,869.40.

Forcing Passage Between Vehicles

Article 191 addresses the infraction of forcing passage between vehicles that are heading in opposite directions and on the verge of passing each other during an overtaking maneuver.

This infraction results in a fine of R$ 2,934.70 and suspension of the CNH. In case of recurrence, the fine doubles to R$ 5,869.40.

Disobeying a Roadblock

Article 311-A provides for penalties for those who cross a roadblock established by a police authority, disobeying the order to stop.

The penalty includes detention of 6 months to 3 years, a fine of R$ 2,934.70, collection of the CNH, and seizure of the vehicle.

Appeal Process for Very Serious Traffic Offenses

Every Brazilian has the right to appeal against very serious infractions or any other traffic infraction .

The appeal process is done in three stages: prior defense, appeal in the first instance, and appeal in the second instance.

Prior Defense

The prior defense is the first stage of the process. At this stage, the driver must present their defense to the agency that issued the fine within 30 days from the date of the notification of the infraction.

It is essential to gather all necessary documents to support the defense.

Appeal in the First Instance

If the prior defense is denied, the driver can appeal in the first instance to the Administrative Board of Appeals for Infractions (JARI).

At this stage, it is important to present solid arguments and, if possible, new evidence that may contribute to the nullification of the infraction.

Appeal in the Second Instance

If the appeal in the first instance is also denied, the driver still has the opportunity to appeal in the second instance.

This appeal must be presented to the State Traffic Council (CETRAN) or the Municipal Traffic Council (COMUTRAN), depending on the agency responsible for the infraction.

Once again, it is crucial to present a well-founded defense.

Be a Good Driver and Avoid Absurd Fines

Dangerous maneuvers are a constant concern in Brazilian traffic, and the traffic laws are becoming increasingly strict to ensure the safety of all road users.

The CTB establishes severe penalties for infractions that endanger the lives of drivers, passengers, and pedestrians.

Driving responsibly is not only a legal obligation but a commitment to the safety and well-being of the entire society.

Knowing the traffic laws and their penalties is essential to avoid infractions and contribute to safer and more harmonious traffic.

Source: Garagem 360

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Ruth Rodrigues

Formada em Ciências Biológicas pela Universidade do Estado do Rio Grande do Norte (UERN), atua como redatora e divulgadora científica.

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