Amnesty for drivers deprived 2021
As mentioned above, the amnesty for drivers deprived of their license in the current year 2021 does not apply in all cases.
But this list is not a standard. They may ask for some more papers. It depends on the factors of the incident.
At the same time, both are very lucky; if the accident is limited to minor physical harm, then the driver only faces administrative punishment.
In addition, Dmitry Guliyev sent a proposal to the director of the Federal Bailiff Service to suspend the blocking of driver’s licenses for debtors for the duration of measures against the spread of coronavirus. According to the Federal Bailiff Service of Russia, as of February 1, 242 thousand debtors were limited in the use of special rights. For 2021, for drivers deprived of their driving privileges, the law provides 3 conditions for their return.
Perhaps soon such a concept as amnesty will appear in administrative law. But will this help drivers who have lost their driving license for driving while drunk?
The first thing that should be noted is the absurdity of using the abbreviation UDO in relation to amnesty in administrative law. Parole is conditional early release.
So, if you have not paid the fine within the statutory period of 60 days or the grace period (if you received one), then another fine will be imposed on you - already 2 times more than the previous one (but in any case - not less than 1000 rubles). In addition, the perpetrator may receive a punishment of 15 days of administrative arrest or 50 hours of correctional labor.
In the 2021 amnesty bill, representatives of the Human Rights Council introduced a proposal to include drivers who have been deprived of their licenses in the list of pardoned persons.
How is the procedure carried out?
Is it possible to get an amnesty for deprivation of a driver's license? The procedure for returning a driver’s license in the event of such a possibility is not prescribed anywhere. In practice, if the driver’s license is returned on the basis of Article 31.7 - that is, after the car owner has already lost it, and the license is stored in the traffic police (lost or never surrendered), there are 2 ways:
- appealing the decision to deprive a driver’s license, where it is necessary to note the amnesty as a basis for returning the license (but in this case the court simply cannot cope with the number of such applications);
- It is possible to return the driver's license and cancel the deprivation by submitting an application to the traffic police, noting the act of amnesty as the basis for returning the rights.
The amnesty process begins only after the adoption of the relevant normative act. The decision to accept it is made by the investigative bodies, courts or prosecutor according to the information received.
Only the State Duma of the Russian Federation has the right to decide on the advisability of an administrative amnesty. In order to introduce the bill, a separate legal act is created that regulates:
- Duration of administrative forgiveness;
- Categories of persons eligible for amnesty;
- Responsible persons for the implementation of legal acts on amnesty.
If administrative forgiveness allows for the restoration of driving rights, then drivers will need to collect a package of documents confirming payment of the traffic police fine, as well as evidence of the absence of a serious crime, which was the reason for the revocation of the license. When applying for an amnesty, it is recommended to consult with lawyers to competently draw up a claim, since the procedure for restoring a driver’s license is a complex and multifaceted process.
There are two ways to return your driving license due to the amnesty:
- Appeal a court decision, where administrative forgiveness will act as the basis for a decision to restore rights;
- Submit an application to the traffic police, citing the legislative act on amnesty as a basis for returning the driver’s license.
The standard package of documents for restoring rights after deprivation of a driver's license includes the following:
- passport or other document confirming the driver’s identity;
- court decision on deprivation of driver's license;
- an extract from the State Traffic Safety Inspectorate;
- medical examination certificate in form 003 V/u;
- an exam book confirming passing the traffic rules exams.
An important condition for administrative forgiveness for deprivation of a driver's license is the absence of existing traffic police fines, otherwise a state pardon is impossible. You can check the presence of collections and debts on them remotely on the government services portal or using the traffic police online service.
After collecting the necessary documentation, a citizen can apply for an IDP certificate to the road inspection department at his place of residence.
If you have questions, consult a lawyer
You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):
Will there be an amnesty in 2021?
So, if a car is stopped and it is discovered that a drunk driver is driving, the mandatory rule of law is a fine that the driver must pay if he wants to drive the car again. Today the fine ranges from 30,000 to 50,000 rubles.
If you ask an ordinary Russian driver what period of validity of a traffic police fine is provided for by law, it turns out that many are informed about the two-year period after which debts become irrelevant. The more savvy even refer to Part 1 of the above-mentioned Article 31.9.
In particularly serious cases, the sanctions described above may be added. Typically, such measures are applied when it comes to repeated violations. Bailiff intervention is also possible. This happens if the amount of fines is high (more than 10 minimum wages). Repeated violators first receive a letter from the bailiff service, which states that their property will be seized in case of non-payment.
This was not unexpected. The Duma constantly makes adjustments to laws that relate to liability for violating traffic rules.
Amnesty for deprivation of rights for drunkenness in 2021
Amnesty implies release from punishment for a crime. The last amnesty held in the Russian Federation was timed to coincide with the 70th anniversary of the Great Victory Day. Then, convicts who had served more than half their sentence and were distinguished by good behavior were released from places of detention.
Driving while intoxicated is one of the most serious offenses a driver can commit. Moreover, responsibility for this violation becomes more serious over time.
This question interests many drivers. And when they come to the traffic police to pick up their driver’s license, a surprise awaits them - there is still a lot of time before the expiration of the deprivation period!
Other situations, when the driver seriously violated traffic rules, caused an accident, and then disappeared, will definitely not be covered by the amnesty for deprivation of a driver’s license.
You can undergo a medical examination anywhere, not necessarily where you are registered. But there is one caveat: you need to go to doctors such as a psychologist and a narcologist at your registered address. The law does not oblige this, but in practice such a condition can be set by traffic police officers. You need to be prepared for this.
As for the bill, given that in recent months only bans have been introduced, and justice is squeezing Russians into an iron fist, one can hardly expect any relaxation. If the law on amnesty of rights is nevertheless adopted, it will clearly only apply in exceptional cases.
In addition, the State Duma adopted in the second reading a bill that not only increases liability for a secondary violation, but also transfers it from the category of an administrative offense to a criminal offense with all the ensuing consequences.
The air exhaled by the driver should be 0.16 ppm. For examination of car drivers, this value is used to compensate for errors in devices for determining ppm. But this does not mean that you are allowed to drink a little alcohol before leaving.
However, this measure does not cancel the deprivation of a driver’s license for a lover of strong drinks. Therefore, he will have to transfer to a taxi or public transport for a period of 1.5-2 years, here everything depends on the combination of factors that characterize the accident. No discounts or concessions are provided in this case.
So far in Russia there have been no precedents for amnesties for those punished under articles of the Code of Administrative Offences. But the power to declare an amnesty is a constitutional right of the State Duma, and, strictly speaking, the Basic Law does not limit the possibility of amnesties only to criminal cases. Moreover, the draft of the new Code of Administrative Offenses provides for the possibility of amnesties in cases of administrative offenses.
As noted above, the basis for prosecution under this article is the presence of more than 0.16 ppm of ethyl alcohol in the driver’s body.
What does it mean
Amnesty is a certain measure that allows certain categories of those convicted of certain offenses to be completely or partially released from the punishment imposed by the court.
Amnesty can provide release:
- from punishment for criminal offenses;
- from punishment for administrative crimes, including deprivation of rights for driving motor vehicles while intoxicated.
The amnesty is aimed at implementing the principle of humanism in relation to convicted categories of citizens. In most cases, amnesty in Russia is associated with certain events.
This could be a holiday (for example, the 2006 amnesty was timed to coincide with the 100th anniversary of the State Duma of Russia) or a significant change in the political (economic) situation in the state (for example, the 1994 amnesty aimed at the release of persons convicted of economic and some types of political crimes during a coup d'etat in the country).
The essence of this procedure is to release the offender from liability. This process applies to a group of subjects defined by law. This factor distinguishes it from the pardon procedure, which is possible in relation to a specific offender. In most situations it falls into the following categories:
- women who have minor children;
- persons who have committed acts falling into the category of medium and/or light gravity;
- people participating in hostilities;
- subjects older than a specific age;
- minors;
- disabled people, etc.
Is it possible to get your license back after being deprived of it early on parole?
For a driver who does not have a license or has lost one for some reason, the consequences of drunk driving will be even more serious. In this case, Article 12.8 of the Administrative Code provides for administrative arrest for a period of 10 to 15 days. If this type of punishment cannot be applied to the driver, he will be fined 30,000 rubles. In this case, it is not Alexander, who owns the car, who should be punished for transferring control, but Boris, who directly transferred control to the drunken Vadim.
With the dark time of day everything is more or less clear. But the mention in the text of “low visibility conditions” makes it almost mandatory for the driver to wear a special vest when stopping on the side of the road.
It is established in accordance with Article 12.8 of the Code of Administrative Offenses of the Russian Federation. Why did officials decide to act this way? If we compare the data with the second half of 2021, the number of drunk drivers increased by 11.2%, and this is only those who were literally caught by the hand.
Repeated driving while intoxicated
Therefore, a large-scale revision of the Code of Administrative Offenses is currently underway: the part concerning the responsibility of vehicle owners is being modified.
A driver stopped again will not be able to get away with deprivation of his license for alcohol intoxication: criminal liability for persons who have ever been charged under Article 28.1 of the Code of Administrative Offenses is inevitable.
Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.
The first thing you need to do in order to get your driver's license back after it has been revoked in 2021 is to pay traffic fines.
Let me remind you that a repeated violation is committed within 1 year from the end of the previous period of deprivation. In this case, the date the license was returned to the driver is important.
In addition, as sanctions under Article 264.1 of the Criminal Code of the Russian Federation, forced public works are provided for up to 2 years. You can go to prison and receive a real sentence (up to 3 years).
If the driver was granted an amnesty, but soon committed a similar offense to the previous one, then the driver’s license will be taken away again, and the term will increase depending on the severity of the consequences. The possibility of deprivation of rights for drunk driving is present in Article 12.8 of the Code of Administrative Offenses of the Russian Federation (CAO RF). As noted above, the basis for prosecution under this article is the presence of more than 0.16 ppm of ethyl alcohol in the driver’s body.
Why have the rules been tightened?
Why did officials decide to take a tougher path? Road accident statistics remain disappointing: in 2021, an unimaginable number of accidents occurred due to the driver’s alcohol intoxication. The number of drunk motorists who do not want to obey the law, thereby posing a danger, unfortunately, increases every year.
In 2021, there was an increase of approximately 11% in incidents related to drunken car owners. The percentages include only those that were found.
Drivers who have had their license revoked for drunkenness in 2019 are hoping for an amnesty.
A list has been compiled that lists all the regions where accidents caused by a drunk driver have increased by a huge percentage. The perpetrators should have been punished both administratively and criminally, because in some accidents there were victims.
Driving while intoxicated
Russian President Vladimir Putin recently spoke positively about the proposal of human rights activists to grant amnesty to some prisoners. At the same time, the head of state urged not to rush into this decision, but to work it out most carefully.
A driver, if caught under the influence of alcohol, will have to pay a fine, which ranges from thirty thousand rubles to fifty thousand rubles. But even after paying the fine, the driver will still be deprived of his driver’s license in 2021 for drunkenness from one and a half to two years. It depends on all the factors that were established in the accident. Discounts are out of the question in this situation.
Punishment in the form of prosecution under Article 264.1 of the Criminal Code of the Russian Federation will occur even if the driver, after his first offense, did not drive for the entire 1.5-2 years while he was deprived of his license.
What documents are required?
The process of returning a driver's license on parole requires the motorist to present a fairly large package of documents. In particular, the driver must provide a passport of a citizen of the Russian Federation, the original of the court decision, which indicates which legal norms were violated, a certificate confirming the completion of a medical examination, an extract confirming the delivery of a driver’s license to the State Traffic Safety Inspectorate, and a document confirming the successful retake of the exam on knowledge of the current traffic rules . This package of documents may not be final. The traffic police may also require other documents that are important for satisfying the driver’s application for the return of a driver’s license on parole. Drivers who are lucky enough to get their license back on parole must contact the traffic police department at their place of registration. This is where their driver's license should be kept.
By the way, drivers planning to return their license on parole should know that they cannot avoid having to pass a repeat theoretical exam. According to current legislation, a motorist has the right to take a theoretical exam after half the sentence has expired. It is also worth noting that today a bill is being developed that plans to introduce the obligation to pass a practical exam in case of deprivation of rights for a period of more than a year.
Amnesty for those deprived of a driver's license
This initiative was made by a member of the Chamber of Young Legislators under the Federation Council, Dmitry Guliyev. A corresponding proposal has been sent to the State Duma. At the same time, he emphasizes that those who were demoted to pedestrians for alcohol-related violations, speeding or some kind of repeated driving offenses should not be eligible for amnesty.
Their activities are based on the fact that the state. Employees, when drawing up a protocol, medical examination, and even conducting the case in court, make a number of mistakes. And they cannot help but be mistaken, since there are millions of caught drunk driving in Russia. For transferring control to a person in a state of intoxication, not only the owner of the car, but also another driver who directly transferred control to the drunk can be punished.
