Contesting a Traffic Ticket in Cuenca: A Lawyer's Guide to Navigating Ecuadorian Procedures

Receiving a traffic ticket in Ecuador can be a disorienting experience. The bureaucratic labyrinth, strict deadlines, and Spanish-only legal documents present significant hurdles for expats. As an attorney practicing in Cuenca, I have guided countless foreign residents through this exact process. The good news is that Ecuadorian law provides a clear, if demanding, path to contest an unjust citation. Success, however, requires precision and an insider's understanding of the system.

This guide provides an authoritative, step-by-step framework to challenge a traffic ticket issued in Cuenca, grounded in current Ecuadorian law and practical, on-the-ground experience.

The Legal Foundation: Understanding Your Ticket Under the COIP

While many still refer to the Ley Orgánica de Transporte Terrestre, Tránsito y Seguridad Vial (LOTTTSV), it is crucial to understand that since 2014, traffic offenses and their corresponding legal procedures are primarily governed by the Código Orgánico Integral Penal (COIP). The COIP classifies traffic infractions (contravenciones de tránsito) into seven classes, from minor offenses (seventh class) to the most serious (first class).

Your ticket, or citación, will specify the alleged infraction and reference the corresponding article in the COIP. Understanding this classification is the first step in assessing the severity of the penalty—which can range from a fine equivalent to 5% of a basic salary to license point reduction, vehicle impoundment, and even short-term detention for offenses like driving under the influence (Art. 386 del COIP).

Step-by-Step Guide to Contesting a Traffic Citation in Cuenca

The contestation process, known as impugnación, is a formal administrative procedure that can escalate to a judicial level. The issuing authority in Cuenca is almost always the municipal transit agency, EMOV EP.

Step 1: Meticulous Review of the Citación

Immediately upon receiving a ticket, scrutinize it for errors. A procedural mistake can be grounds for dismissal.

• Infraction Code: Does the COIP article cited match the officer's written description?
• Date, Time, and Location: Are these details precisely correct? An error here can invalidate the ticket.
• Vehicle & Personal Data: Confirm your license plate (placa), names, and identification number are perfectly accurate. Any discrepancy is a potential defense.
• Officer’s Signature/Identification: Is the ticket properly signed and legible? For electronic tickets from speed cameras (fotorradares), the notification must comply with specific legal requirements.

Step 2: The Critical Three-Day Deadline

This is the single most important rule and the most common reason for failure. According to Artículo 645 del Código Orgánico Integral Penal (COIP), you have a non-extendable period of three término days (three business days, not including weekends or holidays) from the date of the citation to file your formal contestation. Missing this deadline renders the ticket final and forfeits your right to any appeal.

Step 3: Filing the Administrative Appeal (Escrito de Impugnación)

Your challenge begins by submitting a formal written appeal to EMOV EP. Their primary office for this procedure in Cuenca is located at Av. Carlos Arízaga Toral y Tarquino Orellana.

Required Documentation:

1. Escrito de Impugnación (Written Appeal): This formal legal document, drafted in Spanish, must clearly state your personal details, the ticket number, and the factual and legal grounds for your challenge. It must be signed by you or your legal representative.
2. Copy of Your Identification: For foreign residents, this is a clear copy of your cédula. For tourists, a copy of your passport page with entry stamp.
3. Papeleta de Voting (Voting Certificate): A classic Ecuadorian bureaucratic requirement. Residents with a cédula must attach a copy of their most recent voting certificate. Failure to do so is a common and easily avoidable reason for an initial rejection. Tourists are exempt.
4. Copy of the Traffic Ticket (Citación)
5. Copy of Vehicle Registration (Matrícula)
6. Tasa por Servicios Administrativos: You must first pay a small administrative processing fee at an EMOV EP window or authorized bank. The cost is currently approximately $5.00. Attach the original receipt to your appeal package.

Insider Tip for Photo Radar Tickets: If contesting a speeding ticket from a fotorradar, your escrito de impugnación must specifically request that EMOV EP produce the Certificado de Calibración del Fotorradar (Radar Calibration Certificate) issued by the Agencia Nacional de Tránsito (ANT). If the device was not properly calibrated on the date of the infraction, the ticket is invalid. This is a powerful, evidence-based argument that many people overlook.

Step 4: The Administrative Hearing (Audiencia) and Resolution

After filing, you will be notified of a hearing date. At this audiencia, a legal official from EMOV EP will hear your case. You must present your arguments clearly and submit any evidence, such as photographs, videos, or witness testimony.

Following the hearing, EMOV EP will issue a Resolución (Resolution) either accepting your appeal and annulling the ticket, or denying it and upholding the penalty.

Step 5: The Judicial Appeal (Recurso de Apelación)

If your administrative appeal is denied, you have one final recourse: a judicial appeal. You must file this appeal with the competent Traffic Judge (Juez de Tránsito) within the same three-day término from the date you were notified of the negative administrative resolution. This stage is a formal court proceeding and moves beyond simple administrative review. It is strongly advised to have legal representation at this point, as it involves arguing points of law and evidence according to the rules of the court.

⚠️ Legal Red Flags: When to Immediately Consult an Attorney

While you can handle minor infractions yourself, certain situations demand professional legal counsel:

• Serious Allegations: If the ticket involves driving under the influence, causing an accident with injuries, or fleeing the scene. These are criminal offenses under the COIP, not simple infractions, and can carry penalties including imprisonment.
• Vehicle Impoundment: Retrieving a vehicle from the EMOV EP impoundment lot (patio de retención vehicular) involves a separate, complex administrative process that can accrue daily storage fees.
• Risk of License Suspension: If the infraction carries a heavy point penalty that could lead to the suspension of your driver's license.
• The Deadline is Imminent: If you are on day two or three and have not prepared your escrito de impugnación, an attorney can ensure it is drafted correctly and filed on time.

The Ecuadorian legal system is formalistic. A procedural error, a missing document like the papeleta de votación, or a misunderstood legal term can derail an otherwise valid case. Expert guidance is not a luxury; it is a tool to ensure your rights are rigorously defended.