Freedom of movement, new interests and the ability to travel by car - horizons expand with obtaining a driver's license. This is why it is so difficult to come to terms with the deprivation of the right to drive a car, and many, as far as possible, try to reduce the period of deprivation of a driver’s license. Especially if your job involves a car. There is a way out of this difficult situation, and we will describe the solutions in this article.
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Reducing the period of deprivation of a driver's license
All the hopes of car owners who committed serious traffic violations that resulted in the deprivation of the right to drive a car were pinned on the draft Federal Law N 561521-6 on amendments to the Code of Administrative Offenses of the Russian Federation. It was proposed by members of the Federation Council V.F. Edalov, V.A. Fedorov and State Duma deputy V.I. Lysakov in 2014. At the same time, news appeared about the possibility of reducing the terms of deprivation of a driver's license. In short, the essence of the bill was as follows. Article 4.9 is introduced into the Administrative Code. “Conditional early release from administrative punishment in the form of deprivation of a special right or disqualification.” It provides that positive, well-behaved violators can, after half of the court-defined period of deprivation of a driver’s license, request an amnesty and return their license early. The bill also provided for the abolition of the theoretical exam required for early return of rights if the period of deprivation is up to a year. In addition, the bill provides: if a driver whose license was returned early commits a violation again that involves deprivation of his license, the court will revoke the parole, and the term of the new sentence will be calculated after the full term of the previous deprivation has expired.
According to the developer of the bill, this measure has educational and motivational goals. That is, it motivates to fulfill all the conditions for early return. How to reduce the period of deprivation of a driver's license under the new law:
- pay all existing fines for traffic violations;
- don't break laws;
- compensate the victims for damages (if any);
- Additionally, you can provide a reference from work , a guarantee from another law-abiding citizen.
In the explanatory note to the bill, references were made to the existence in Russian legislation of the institution of parole, which is possible for criminal offenses, but not for administrative offenses. In addition, it was indicated that the RSFSR Code of Administrative Offenses had Art. 297, which provided for the possibility of reducing the period of deprivation of a driver’s license in the case of a conscientious attitude to work and exemplary behavior of the offender.
How to legally reduce the period of deprivation of a driver's license
Despite the fact that the mechanism for early return of the license has not been implemented, there is a possibility of challenging the judge’s decision, on the basis of which a driving ban is established.
Is it possible to reduce the period of deprivation of a driver's license in this way?
Yes. It is allowed to reduce the penalty under the article (for example, change the terms of confiscation of licenses for driving while drunk from 24 months to 18) or challenge the decision completely.
If the appeal of the court decision fails, the violator should hand over the license to law enforcement agencies as soon as possible so that the period of the driving ban begins. Failure to submit the certificate within three working days from the moment the document on deprivation comes into force only increases the term of punishment!
Appeal against the decision
Reducing the period of deprivation of the right to drive a vehicle is allowed only by challenging the decision to prosecute.
- What is needed to reduce the period of deprivation of a driver's license? Once a judge makes a decision to hold a citizen accountable, the offender is given 10 days to file a complaint with the appellate authority. During this time, the driver can drive the car.
- Is it possible to go to court to reduce the period of deprivation of a driver's license ? No. This type of complaint cannot be filed; it is only allowed to challenge court decisions. When reviewing the case, you need to demand mitigation or cancellation of the punishment, thereby you can significantly reduce the period of deprivation of the right to drive a vehicle if you successfully justify your position.
A complaint against a decision on prosecution for committing an administrative offense must be sent to a higher authority.
Since usually cases of confiscation of a certificate are considered by magistrates, the review of the decision is carried out by city (district) courts. They also consider complaints against any other administrators. resolutions.
Where exactly to address the complaint is indicated in the operative part of the resolution. You must submit documents for appeal consideration through a magistrate judge.
IMPORTANT: It is best to entrust the preparation of a complaint to an auto lawyer who is fluent in all the intricacies of administrative proceedings.
The consequences of considering a complaint may be as follows:
- leaving the act being appealed unchanged;
- changing the penalty, including reducing the period of deprivation of rights;
- cancellation of the appealed document due to the recognition of the person not guilty of committing a violation;
- sending materials for re-consideration if there are procedural violations.
In order for the procedure for reducing the period of deprivation of the right to drive a vehicle in court to end successfully for the motorist, it is recommended to use the services of a lawyer.
What should be done to reduce the period of deprivation of a driver’s license if the complaint was not filed within a ten-day period? In this situation, challenging the decision is also possible, but in a different order - supervisory. The complaint should be written to the supreme, regional, regional court, the court of Moscow, St. Petersburg or an autonomous entity, the Supreme Court of Russia.
Timely delivery of rights
After the decision to prosecute comes into legal force, the certificate must be handed over to the police department. This must be done within three working days. Submission of the document is also provided in a situation if you are going to challenge a court decision in a supervisory authority - because otherwise, if the appeal fails, the period of deprivation will not begin to run from the moment the decision comes into force.
- If the license is not handed over in a timely manner, the period of punishment will not be calculated. Thus, the sooner the violator contacts police officers, the sooner he will be able to return the certificate.
- If your license is lost, you must report this to the traffic police. In this case, the deadlines will be calculated from the moment the corresponding statement of loss is sent.
IMPORTANT: If you want to write a “false” statement of loss and keep the driving document in your possession in this way, you still will not be able to use it, since this may result in administrative liability, the expiration of the period of involvement and an additional fine.
Is it possible to get your license back early for drinking?
In the first reading of the draft law on parole, it was proposed to return rights early for any violations in 2021, including when they were revoked for drunkenness while driving a vehicle.
The bill has met with considerable criticism for obvious reasons. In particular, the lack of clear criteria and the vagueness of the wording of the “exemplary” behavior of the offender, which determines the early return of the driving license for drinking alcohol while driving, as well as other violations. As a result, the bill passed the second reading with numerous amendments. In particular, the question of the possibility itself has disappeared - the amendments abolish the possibility of parole. In addition, if the driver did not pass the proposed medical examination or left the scene of an accident, you can also forget about early return under this law. In addition, repeated traffic violations also do not fall under the provisions of the bill.
Information has appeared on some portals that a bill on the early return of a driver’s license after being deprived of it for drunkenness has come into force. But the official text of the law has not been published anywhere , and it is impossible to say for sure what its final version will be. To date, Art. 4.9 on parole never appeared in the Administrative Code.
Therefore, at the moment, the only way to get your rights back is to competently build a line of defense in court. You shouldn't do this yourself. Automotive lawyers often seek to replace the punishment with an alternative to deprivation of rights or to cancel the initial decision on deprivation of rights.
With the adoption of the bill under discussion, it will be possible to help quickly restore the rights of those who are already serving their term of deprivation.
Questions for a lawyer
Question. I am a group 2 disabled person. I drove while hungover and my license was disqualified for 21 months for residual effects. I heard that people with disabilities cannot have their license taken away if they use a car due to illness. Tell me, is it possible to reduce the period of deprivation of rights? Can I hope that my sentence will be overturned on appeal?
Lawyer's answer. Indeed, there is Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, according to which disabled people cannot be deprived of their rights. But there are also a number of violations, the commission of which will result in the disabled person’s ID being confiscated. Driving while drunk is one of these violations, so your license was legally deprived. However, you can ask the appellate court to reduce the period of the driving ban to 18 months, citing the vital need for a car.
Good to know:
- The procedure for returning rights after deprivation for drunkenness
- Amnesty for deprivation of a driver's license while intoxicated
- Appeal against deprivation of rights
- The calculation of the period for deprivation of the right to drive a vehicle was interrupted
- How to make left rights after deprivation
- How to find out when the period of revocation of a driver's license expires
Legal advice from a car lawyer in case of deprivation of rights
Until the new law is adopted and comes into force, all that remains is to find a good lawyer and stick to the chosen line of defense. Even in the most seemingly hopeless case, there is always room for legal maneuver.
Assistance in obtaining a driver's license after deprivation can be obtained free of charge as part of the state program for providing free legal assistance to the population. To do this, simply leave a request on the website https://protection-citizens.rf, and the Unified Center for the Protection of Citizens' Rights will provide you with free legal advice.
Leave a contact number in the form and state the essence of the question. An auto lawyer will contact you for further communication. This method of defense is acceptable if your case can be classified as “simple”. That is, for example, there are obvious violations in the procedure for drawing up the protocol, the procedure for withdrawing rights, etc. If you doubt success, the best result will be brought by turning to the services of a specialized lawyer for deprivation of rights .
Today, many private law firms provide assistance to those deprived of a driver’s license in Moscow. When looking for a reliable lawyer who you can trust with your matter, read reviews from real clients. Take advantage of live recommendations, if available.
Experienced lawyers are seeking to overturn even decisions on deprivation of rights for drunkenness. they justify the absence of an offense or convince the court to apply an alternative penalty, for example, a fine.
Drawing up a report at the place of arrest is a regulated procedure. The further fate of the case directly depends on this protocol. If the inspector executed the document incorrectly , this is a serious chance to defend your rights in court. With the help of a competent lawyer, of course. You can even challenge a medical examination, cast doubt on the testimony of prosecution witnesses, and find new witnesses for the defense. Knowledge of the intricacies of the law and established practice allow lawyers to provide qualified, real assistance if they have been deprived of their rights for a violation committed for the first time.
How to increase your chances of getting your driver's license returned early?
In the event that a traffic police inspector draws up a report and the case is taken to court, it is important to behave correctly. Here are some tips to increase your likelihood of avoiding a driver's license revocation or reducing the terms of such a deprivation:
- behave correctly , do not be rude and try to antagonize the inspector;
- do not refuse medical examination - it is in your interests;
- do not sign any documents without carefully reading their contents;
- do not hint at the possibility of “ agreeing” - this gives the inspector another reason to believe that your guilt is irrefutable, and, in addition, this is also a violation of the law;
- study the traffic rules and the Administrative Code - if you know that for a given offense, in addition to deprivation of rights, an alternative method of punishment is possible - find out from the inspector why he sees no reason to apply it, while being extremely polite and demonstrating remorse;
- if you committed an offense for objective reasons, collect evidence using the camera in your smartphone and take contacts of witnesses while the inspector fills out the report;
- indicate in the protocol your disagreement with the accusation ;
- save the inspector's personal data;
- save the DVR recording and do not transfer its original to the traffic police;
- record the quality of road markings and road signs in the photo;
- if visibility was difficult due to weather conditions, try to capture it on camera;
- even before the case comes to court on the same day, you can file a complaint against the actions of the inspector addressed to the head of the department of the district in which you were stopped.
If the complaint does not produce results, urgently look for a competent lawyer who will assist in obtaining a driver’s license if revoked.
How to take advantage of a unique chance and when is it permissible?
Everyone knows that once a court has made a decision, it cannot be undone. For this reason, if by a court decision you have been deprived of your “crust”, then the only thing you can try is to reduce the period of deprivation of your driver’s license. This is acceptable if the period is assessed as being more than minimal. If the punishment is calculated for 18 months, then the driver is not given the opportunity to mitigate it.
If the court decided to confiscate your driver’s license for 3 months, then you can fight for a reduction. To do this you will need:
- characteristics from the place of work;
- a petition with a logical justification for reducing the period of deprivation of a driver’s license. It is submitted by the defendant himself or his representative.
Alternatively, you can try to challenge the protocol drawn up by the traffic police inspector, citing the unreliability of the stated facts. A particularly important point is that the driver’s signature should not be on the document. The fact is that the presence of the signature of the citizen for whom the administrative agreement was drawn up means his agreement with the stated. If, when detained by an inspector, you nevertheless signed a document, then it will be almost impossible to challenge it. You will need the help of a highly qualified lawyer.
The procedure for returning rights after deprivation in 2021
The license is returned after submitting an application of the established form to the traffic police. You will also have to pass an exam (theory only), pay a state fee and obtain a medical certificate. You can only withdraw your ID within three years after the expiration of the period of deprivation established by the court.
Download the application for the return of rights after deprivation
We recommend that you approach preparation for the exam with the same responsibility as when obtaining your license for the first time. Even if you understand everything from experience, theoretical formulations can be confusing, and you may misinterpret the meaning of the question. In case of unsatisfactory results, the next attempt is given only after a week. The number of attempts is not limited.
According to the bill described above, only those who have been deprived of their rights for a period of more than one year .
Procedure for early return of rights
Rights can be returned early after deprivation only by a court decision. To do this, the driver or his representative must apply to the court with a request for the early return of the driver's license.
The bill does not contain specific rules for drawing up this document. The only requirement that is presented to him is to provide information confirming that the driver’s further serving of the sentence does not make sense, since he has fully realized his act and has taken the path of correction.
It is assumed that the application must be drawn up according to standard rules of procedural document flow. So, its contents indicate:
- name of the court;
- Full name, address and passport details of the applicant;
- a brief description of the circumstances of the case;
- the essence of the violation committed by the driver;
- direct request for early return of rights;
- a list of attached documents;
- date of compilation and signature.
A sample application for early return can be found on the Internet, on any thematic website, or directly in the courts, at special stands.
Copies of the following documents are presented to the court:
- applicant's passport;
- act of confiscation of driver's license;
- court decisions imposing administrative punishment;
- conclusions on passing a medical examination.
The decision to reduce the term is made if the judge considers that the punishment is no longer required for full correction (it is no longer necessary to prove one’s innocence). This circumstance must be proven by impeccable behavior and appropriate actions: compensation for damage caused by the violation, repentance, etc.
Read more about the test for chronic alcoholism for drivers by following the link.
Important! According to the provisions of the bill, rights can be returned only after half of the appointed period has expired.
