How long do court proceedings for deprivation of rights last?

If a driver significantly violates traffic rules, his driver's license may be revoked. The process takes place during the trial. Rights can be deprived for up to 3 years, but there are cases when the periods of deprivation of a driver's license are added together and the time period increases to 10, 20 or more years. Under some articles of the law, the amount of punishment varies significantly. If a person is facing a trial for deprivation of a driver’s license, it is important to figure out how to behave competently during the process. A thoughtful approach will allow you to try to reduce the term of imprisonment or avoid punishment altogether.

Why can your driver's license be revoked?

If the driver has violated traffic rules that imply deprivation of a driver’s license, the road inspector will act in accordance with the norms of Federal Law No. 196 of December 10, 1995 “On Road Safety.” He is obliged to draw up a protocol and submit the case to court. Proof of the car owner’s guilt is attached to the document. It may include photo and video evidence, a diagram of the accident, the results of a medical examination and eyewitness testimony. The information is certified by their signatures. The reasons that can lead to the deprivation of a driver's license are enshrined in Chapter 12 of the Code of Administrative Offenses of the Russian Federation.

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Procedure for revocation of a driver's license

The statute of limitations relating to the consideration of issues related to the withdrawal of rights is stipulated in Article 4.5 of the Code of Administrative Offenses of the Russian Federation. Its duration is one year. If the transfer of the case to the court was not carried out in a timely manner, or the decision was not made, the case is automatically closed. In practice, the violator may try to delay the consideration of the case in court by avoiding receiving a summons. Typically, this situation ends in unilateral proceedings.

1. Punishment in the form of deprivation of rights can be imposed on the driver only by a judge. That is, the traffic police officer who recorded the violation only draws up procedural documents. Then he transfers the case materials to the court, where a decision on punishment is made.

2. In 2021, a driver’s license will not be confiscated at the scene of the violation. Accordingly, a temporary permit is not issued.

Let me remind you that before September 1, 2013, a different procedure was applied, providing for the withdrawal of rights by traffic police officers.

3. The driver must independently submit his license to the traffic police within 3 working days from the date of entry into force of the deprivation decision.

As a rule, the driver's license is handed over to the department to which a copy of the court order is sent.

For example, if the trial took place at the driver’s place of residence, then the document must be submitted to the traffic police department at the place of residence.

However, the legislation does not make restrictions on this issue. Those. You can also transfer your license to any other department.

For example, if the driver lives in Kaliningrad, and the trial took place in Vladivostok, then it makes no sense to first travel across the country to submit the license, and then again to receive it.

Unfortunately, some traffic police officers refuse to accept licenses if they do not have a copy of the resolution. If you are faced with such a situation, then send the certificate to the traffic police by registered mail (with a list of the contents and a receipt). Employees cannot ignore such a request.

First of all, you need to understand from what moment the period of deprivation of rights begins, i.e. calculate a specific date. After this, you need to add the duration of the term. Let's look at a few examples.

The violation occurred on January 15, 2021, the magistrate's court took place on January 30, the court's decision was not disputed, the period of deprivation was 3 months.

In this case, the start date of the deprivation period is February 9 (January 30, 10 days). Rights can be returned starting May 10, 2021.

The violation occurred on January 15, 2021, the magistrate's court took place on January 30, the court's decision was challenged in the district court on February 21, the period of imprisonment was 5 months.

In this case, the start date of the period of deprivation is February 21 (the decision of the district court comes into force immediately). Since July 22, 2018 is a day off, you can apply for your license starting July 23, i.e. on Monday.

In addition, you need to pay attention to the fact that the start of the period of deprivation is postponed if the driver did not take a copy of the decision from the court. In this case, the calculation must begin not from the date of the court hearing, but from the date of receipt of the decision.

Those. if in the example discussed above, the driver did not immediately take a copy of the resolution, and it arrived to him by registered mail 14 days later, then the driver’s license could only be picked up 2 weeks later.

1. To return your rights, you must contact the same department where they were handed over. If you want to pick up your ID in another department, you need to write a corresponding application for forwarding the document.

2. If the driver is deprived of his license under articles related to driving while intoxicated, he will have to undergo a medical examination and provide a medical certificate to the traffic police.

3. In 2021, to return your license, you must pass a theoretical exam on knowledge of traffic rules.

4. From November 15, 2014, in order to return your license, you must pay all traffic police fines imposed earlier.

Many law firms specialize in assisting drivers with hardship. Therefore, if you think that the punishment was imposed unlawfully, I recommend that you seek help from a competent lawyer.

The statute of limitations for depriving a vehicle owner of a driver’s license is a period after the expiration of which the court does not have the right to make a decision. The starting date of deprivation of a driver’s license is determined by Article 32.7 of the Code of Contraventions of the Russian Federation (Code).

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The beginning is determined by legislators from the moment when the court ruling comes into effect.

These are the following deadlines:

• from the end of the period specified for appealing the judge’s decision, if the decisions were not protested or appealed,
• from the end of the period established for writing a complaint or protest (there is an exception - the decision to issue a resolution is cancelled),
• from the moment the decision is made, which is not subject to appeal.

The time given for appeal is ten days from the day the car owner receives a photocopy of the decision. If he is present directly at the court hearing and receives a decision after its completion, the period of temporary deprivation will begin ten days later, that is, from the eleventh.

There are cases of receiving a decision by mail, in this case the countdown begins after signature on the postal receipt document. The violator may deliberately refuse to receive a registered letter - the start of the decision does not depend on this, it is still valid.

If the owner of the vehicle files a complaint, the decision, according to Part 3 of Article 31.1 of the Code, will take effect after it is made.

There are two different legal concepts: the period given for filing an application to appeal a court decision and the limitation period for the offense - they should not be confused.

So, if the limitation period is the period allotted to a person to file a claim to protect his rights. Articles 195 and 200 of the Civil Code determine the beginning - from the moment the fact of violation of rights is clarified.

And the statute of limitations for deprivation of a driver’s license implies that, despite the offense committed, the car owner will not be held accountable if the specified period has expired. This norm is defined by Article 4.5 of the Code of Administrative Offences. If three months have passed from the date of the committed traffic violation, which resulted in deprivation of rights, a decision on bringing to administrative responsibility will not be made. If the violation is of a more serious nature, the statute of limitations expires only after a year.

Therefore, it can be summarized that if the guilty person did not have time to punish and bring to justice due to the expiration of the deadline for prosecution, then the citizen can be completely released, since the legal proceedings in his case have not begun, and the statute of limitations has expired, including the statute of limitations for deprivation of a driver's license for alcohol.

Currently, the statute of limitations is set at three months. It starts from the moment the administrative violation occurs.

Citizens who have received from traffic police officers a report of a violation of an administrative nature, on which a case was then initiated to deprive them of their driving privileges, are confident that if they evade the summons, they can evade punishment.

If the case of deprivation of a driver’s license was not considered in court within certain statutes of limitations, then the case is terminated and the license is returned to the car owner.

To avoid appearing at the court hearing, the violators used sick leave as a basis for postponement. In the present, such a trick will not work, because according to the new current norms it will cease to be such a basis for deferment.

The changes introduced by the Resolution of the RF Armed Forces define new norms:

• The violating driver is considered notified regardless of whether he picked up the notification letter at the post office or not.
• moving to an address other than that specified in the protocol is not an excuse for not notifying.

In both cases, the person is considered to have been notified automatically.

In addition to the above, the rule of interruption of the period of deprivation of rights applies. This happens in the case when, according to a decision made, the driver is obliged to hand over his license to the traffic police, but he evades the transfer. The break during the period of deprivation will last until law enforcement officials find the car offender or he himself surrenders his license.

Interpretation of the law

According to the amendments made to the Code, in the cases specified in Art. 12.8, 12.24, and 12.26, part 3 art. 12.27 and part 2 of Art. 12.30 The limitation period can be determined by one year. These include cases:

• driving a vehicle under the influence of alcoholic beverages,
• mild or moderate harm to the health of citizens,
• refusal to comply with a traffic police officer’s request to undergo a medical examination.

Other cases require a period of three months.

The suspension of the statute of limitations also occurs in the event of a request to transfer the consideration of the case to the place of actual residence of the offender. The time during which the case will be sent will not be included in the time limits by which the limitation period for bringing to administrative responsibility is determined.

It is stipulated by law that the countdown of the statute of limitations should begin from the date the traffic police representative drew up a protocol on the violation.

Article 25.1 of the Code of Administrative Offenses provides for consideration of the case in the presence of the offender.

The citizen should receive a letter with information about the time and date of the meeting. It does not matter to the court whether the citizen received and read the information sent or not. If there is a document about sending him such information, he is considered automatically notified.

It is practiced to deprive a violating driver of his license in absentia, while the rights of the car owner are not violated.

The following situations often occur:

• the case is being considered in court before the owner of the vehicle received the notification letter, which arrived late. You can send a registered letter to the offender, outlining the problem that has arisen that resulted in your absence from court. Based on the fact of the letter, the decision must be canceled and the case then reconsidered, but taking into account the previous situation.
• The case was considered, but the citizen did not receive information about its conduct at all. This situation is also subject to investigation, although it is quite difficult to prove the fact of not receiving a notice and the case may not be reviewed. An application for appeal must be sent to a higher authority.
• The notification was sent by the traffic police, but it turns out that there are no materials at the scene of the incident. Later, the citizen finds out the reason - other authorities are depriving him of his rights. Such decisions must be reversed. If the statute of limitations under Article 30.6 of the Code passes, the case will be considered by a higher court.

Normative base

First of all, a citizen must know the traffic rules of the Russian Federation. Here are the driving rules that must be followed when driving on the road. If a person neglects the rules, he may be deprived of his driver's license in court.

Additionally, it is worth familiarizing yourself with the norms of the Code of Administrative Offenses of the Russian Federation. In particular, it is recommended to study Chapter 12. This sets out the punishment to which a driver who neglects the rules may be subjected. The Administrative Code reflects situations in which a citizen may be deprived of his driver's license in court.

It is also necessary to know the provisions of Federal Law No. 196 of December 10, 1995 “On Road Traffic Safety”. The regulatory legal act reflects the rules for allowing a citizen to drive a vehicle, records the actions of a traffic police officer in the event of an incident, reflects the procedure for prohibiting the operation of a car and approves the rights and obligations of road users.

Procedure for considering the case

If an offense has occurred, the inspector will draw up a protocol, prepare accompanying documentation and submit the case of deprivation of the driver's license for consideration in court. The current situation will be reviewed within 15 days. A summons is then sent to the offender.

In practice, the summons does not always reach the driver in a timely manner. If the notification is not received, there is a risk of missing the meeting. In this case, the citizen will not have a chance to challenge the offense and the deprivation of his driver’s license. To avoid finding yourself in such a situation, it is recommended to independently find out the date of the trial in court. To do this, you should visit the traffic police department yourself.

You can also find out the date of consideration of the case on deprivation of a driver’s license through the website of the State Traffic Inspectorate. To obtain information, you will need to go to the official traffic police page on the Internet and scroll down the page. Here is a list of online services. You must click on Driver Check. The system will redirect the citizen to a page with an online form. Here you must indicate the series and number of the driver's license and the date of issue. Then you need to click on the Request Verification item.

Litigation for deprivation of driver's license

When the protocol is submitted to the court, all materials collected by the traffic police officer are accepted for processing. The magistrate will set a date and time for the trial. The driver will be sent a summons.

The car owner who committed the violation is a full participant in the proceedings. He can study all the materials provided to the court, present his evidence and defend his point of view. When starting the process, the judge will explain to the citizen his rights and ask whether the driver has any petitions. If a citizen has prepared a written explanation of what happened, it is included in the case materials. Then the person must verbally explain his position and the circumstances of what happened. Based on the protocol and additional papers, the judge will ask questions.

If a traffic police officer committed an offense during a stop or communication with a citizen, you must report it. Often the inspector who was involved in drawing up the protocol is brought in as a witness. Experts advise resisting his position and demanding clarification on each point.

You can't make excuses. If any document was drawn up in violation of current legislation, it is worth filing a petition to exclude the document or declare it invalid. If one of the necessary documents for the consideration of the case is missing, you can request it and request a postponement of the trial. If the judge refuses to accept the motion, the action can be appealed.

During the next stage of the proceedings, the citizen has the right to demand that witnesses and witnesses, if any, be invited to court. If a decision is made to revoke your driver's license, you can try to appeal it. If there is insufficient evidence, the proceedings are terminated.

How does the trial for revocation of a driver's license for alcohol intoxication proceed?

If traffic police officers suspect that the driver is intoxicated, an inspection will be carried out. A traffic police officer can do everything independently using a breathalyzer. The action is carried out in the presence of two witnesses. The device must show the results on a display and issue them on paper.

If the driver doubts the test results, he is sent to a medical facility for a full examination. Only a doctor with the appropriate certificates can perform the procedure. Based on the results of the inspection, a report is drawn up. It is prepared in 2 samples, which are attached to the case materials.

The papers are then sent to the court. Proceedings regarding the deprivation of a driver's license will follow the same pattern as in the classic situation. A citizen has the right to request that witnesses be brought in and to point out inconsistencies between the inspector’s testimony and the case materials. It is important to first study all documents that supplement the protocol. If the court rejects any petition, the citizen can appeal its decision by appealing to a higher authority.

How does the trial for deprivation of a driver's license for driving into the oncoming lane work?

If a driver violates traffic rules and drives into oncoming traffic, he may be deprived of his license for a period of four to six months. Such information is contained in Article 12.15 of the Code of Administrative Offenses of the Russian Federation. Repeated violation will result in an increase in the sentence to 1 year. However, the punishment may be replaced by a fine.

Having stopped the driver, the inspector will draw up a report. Then the traffic police commission examines the case. She may decide to deprive her of her license or impose a fine. If the first option is chosen, the case goes to trial. The judge considers the circumstances of the case and decides to impose a fine or deprivation of rights for driving into the oncoming lane.

Review time

Some people are interested in what is the period for considering a case of an administrative violation of deprivation of rights. The law has a term about the statute of limitations. That is, the case will be officially closed if the papers about the offense are not filed on time, or if the court does not make a decision in a timely manner.

At this moment, the limitation period is 1 year.

Sometimes they try to deliberately delay violations by avoiding the summons or leaving the city. Usually, this ends with the decision being made unilaterally.

How does the trial for deprivation of a driver's license for crossing a solid line proceed?

If a driver crosses a solid line, he may face a warning or a fine of up to 5,000 rubles. If you are overtaken, your driver's license may be revoked. The confiscation of the certificate is carried out after the trial.

The consideration of the case is carried out according to the classical scheme. The compiled protocol is submitted to the court. During the proceedings, the circumstances of the case and the testimony of witnesses and participants in the incident are taken into account. A final decision is then made. It can be appealed by appealing to higher courts.

What does the court's decision depend on?

The driver is found guilty if his offense is proven. A citizen can try to refute the inspector's arguments by providing relevant evidence. If the judge has doubts about guilt, he can acquit the driver. If there is obvious evidence of innocence, the proceedings are terminated. This rule is enshrined in Article 29.9 of the Code of Administrative Offenses of the Russian Federation. If errors were made during the arrest or registration of the protocol, this may affect the court decision. The following factors may also affect the proceedings:

• providing photo and video evidence confirming the citizen’s innocence or exonerating him;
• admission of one’s own guilt and proof that the offense was committed unintentionally;
• presence of a clean driving record;
• engaging a good car lawyer in the proceedings;
• there were errors in the protocol;
• the report was drawn up without the presence of the person responsible for the incident;
• the person was able to prove that at the time of the incident he was influenced by external factors.

How to behave in court when your driver's license is revoked?

When going to a court hearing to revoke a driver's license, you must give preference to business attire. It is necessary to look clean and tidy. You can't be late. If a citizen arrives later, this is considered disrespect. You must have your passport with you. Additionally, it is worth bringing with you documents related to the case. Experts recommend grabbing a pen and blank sheets of paper. During the proceedings, it may be necessary to file a motion. You need to behave confidently and calmly. Answers to the judge's questions are given in essence. It is necessary to address the person acting in this role using the expressions “Your Honor” and “Dear Court.”

You need to speak loudly, clearly and clearly. There's no need to rush. It is always necessary to answer the essence of the question. Proceedings in cases of deprivation of rights are held in an open manner. A citizen has the right to invite media representatives. It is worth resorting to their help if a person is sure that he did not violate traffic rules and became a victim of a setup. Usually journalists willingly agree to attend meetings. For them, proceedings serve as material for a video or publication. In their presence, the judge will follow all legal procedures and consider the case objectively.

When taking part in the proceedings, a citizen should not try to prove his own innocence, but point out violations committed by traffic police officers in the process of preparing documentation. It is worth focusing attention on all inconsistencies. This confirms the citizen's innocence. If for any reason it is not possible to provide a document confirming the driver’s eligibility, you must draw up a written request to request paper from the relevant authority. At the same time, a motion is filed to postpone the hearing until the document is received. The judge may reject the citizen's claims. However, this gives him a reason to appeal the decision to a higher authority.

You must use only facts. There is no need to give in to emotions. All documents proving the case must be prepared in duplicate. One is sent to court, the second remains in hand. It is recommended to prepare a petition to call witnesses, witnesses and traffic police officers who executed the protocol on deprivation of rights.

Can my parental rights be deprived without my presence?

“Can they be deprived of parental rights without my presence?” - this question worries, as a rule, men or women whose other half is regularly threatened with deprivation (you can read more about such deprivation of rights here.

If we turn to the law, then it is actually impossible to say that “without my presence they can deprive parental rights”, because the legislator in any case stands for the protection of the rights of all interested parties and cannot, especially without listening to the position and opinion of both parties, make lawful decision.

Therefore, in cases of deprivation of rights, the court takes all possible measures to notify the defendant that a case of this category is currently being considered.

But what to do if the court has already sent notices several times, and the defendant still does not come? Or is guardianship unable to reach him?

Cases in which parental rights can be deprived without the presence of the defendant:

1. The defendant has been notified of the case and agrees with the deprivation of his rights.

In this case, deprivation of rights can occur without the presence of the defendant. To do this, the defendant can:

- express your opinion when talking with the guardianship authorities;

- provide the court with a written opinion indicating that he agrees to the deprivation of rights;

- submit a statement to the court asking the court to consider the case without him.

1. The defendant was notified of the case, but does not agree with the claim for deprivation of rights.

In this case, deprivation of rights is also possible without a defendant. Because his failure to appear will be considered as a personal expression of the will of the party and even contempt of court.

Also, in the event of his failure to appear, the defendant may bring to the court his written objections to the issue of deprivation of rights.

1. The defendant was not informed about the case, his opinion is unknown.

If the court tries to notify the defendant several times, sends him subpoenas, but they are returned without an answer, and the guardianship cannot get an answer from the defendant, then there are several options:

- the court will appoint a lawyer (state) for the defendant who will represent his interests in order to comply with the procedure established by law;

- a decision will be made in absentia, where it will be stated that the defendant did not come, despite the fact that the state authorities did everything possible to notify him.

If the decision is made without the defendant, the court will in any case send him a copy of the decision.

If it so happens that the defendant receives a copy of the decision, then he can express his disagreement with the adopted act according to the general rules. Within one month from the moment he receives the court order, he can file a complaint with the court and try to prove his case in the court of second instance.

How can you find out if your case was considered in your absence?

1. The court is obliged to notify all persons in the case and send them: A copy of the claim and all documents;
2. Notices and summonses;
3. A copy of the final decision.

If you regularly check your mailbox, you will definitely be aware of what is happening and the progress of the case, as well as its result.

1. View information on the court's website.

You can also check whether a case has been filed against you and what stage it is at on the website of the relevant district court.

Information on official portals is regularly updated and expanded.

1. Call the appropriate district court and find out if there is a case to revoke your rights.

You can also contact directly the office or expedition of the desired district court and clarify information about the availability of this civil case in court proceedings.

Our lawyers are the only highly specialized specialists who have been dealing with cases of deprivation of parental rights for many years.

If you want to win your case and protect your rights and the rights of your child, call us, we will help!

What happens if you don't appear in court?

There are no penalties for failure to attend court proceedings regarding the revocation of a driver's license. If the driver does not come to the meeting, the proceedings will be carried out without him. However, the citizen deprives himself of the opportunity to prove his innocence. The decision will be made in accordance with the facts provided by the traffic police officer. Almost always, a driver who neglects to attend the trial is deprived of his license. If a citizen prepares an evidence base, takes an active part in the meeting, and states his position, there is a possibility of winning the case and maintaining the ability to drive a vehicle.

Is it necessary to go to court?

Many people ask: what happens if the driver does not appear in court for the hearing of his case?

Let's be clear: no sanctions are provided in this case. If the driver does not appear at the court hearing, the case will be considered by a single judge.

But we must understand that by not appearing at trial, the driver deprives himself of the opportunity to prove his innocence.

In this case, the decision will be made by the judge only on the basis of the facts and materials provided by the traffic police officer. And it is quite obvious what the result will be.

If the driver comes to the hearing with his facts and evidence, then the course of the trial can be changed.

The court's decision is influenced by:

1. Information about violations during arrest and drawing up a protocol.
2. Driving experience.
3. A sincere admission of guilt.
4. Driving history (presence or absence of previous violations).
5. Video and photography from the scene of the incident.

How can I find out about the court's decision?

If for some reason a citizen was unable to attend the meeting, it is important to promptly find out the court’s decision regarding the deprivation of the driver’s license. Within 10 days after the decision to revoke your driver's license, you must stop driving. If a citizen has neglected the rules, the inspector may fine him at the place of detention when stopping. The amount of the penalty will be 30,000 rubles. Instead of a fine, a citizen may be forced to work 200 hours for the benefit of society or imprisoned for 15 days. Such norms are fixed in Article 12.7 of the Code of Administrative Offenses of the Russian Federation.

For the convenience of citizens, there are several ways to obtain information about a court decision. He can:

• personally visit the State Traffic Safety Inspectorate of the Russian Federation and contact an employee of the institution with a request for information;
• get to the nearest traffic police post;
• personally visit the court office;
• send a request to the State Traffic Inspectorate by mail.

Information can also be obtained via the Internet. The request can be sent through the website of the State Traffic Safety Inspectorate, FSSP and State Services.

How to get a resolution?

In practice, you may encounter a situation where a decision to deprive a driver’s license has been made, but the decision has not been issued to the citizen. Documents are required to be submitted to the traffic police. Usually the court sends papers to the State Traffic Inspectorate electronically. However, they may also be delayed.

To speed up the process of obtaining a ruling, you can contact the court office. The original paper is kept there. The citizen will have to write a statement. Based on the document, a copy of the resolution will be provided. If the driver is present, a copy of the paper is issued after the appropriate decision is made. In another situation, the document is sent by registered mail. The paper will be sent within 5 days. The document will be received at your place of registration.

You do not need an order to get your driver's license back. When you receive the document back, you just need to come to the traffic police department. You must have a passport and a document confirming the seizure of your driver's license. It is provided when submitting documents. Sometimes a medical certificate is required. Starting from September 2013, you will have to pass a theoretical exam on your knowledge of traffic rules. In other situations, rights will not be returned after deprivation.

How to surrender your driver's license voluntarily?

A car owner who, while driving, became a lawbreaker, and then lost the right to drive a car in court, must understand that the entire sequence of transferring documents to the automobile inspection now occurs of his own free will, without coercion, on his own. The fact of deprivation of rights was established by a court verdict, and the driving license must be handed over actually as a formality, so that the penalty is legally fixed. Thus, having understood and accepted this accomplished act, the citizen should figure out how to surrender his license to the traffic police after deprivation.

Let's outline in detail the entire procedure, which is quite clear. The law, updated in 2013, establishes that from the moment of a court verdict, within three days, the person who committed the offense is obliged to personally deliver his driver’s document (in fact, no longer valid!) to the state traffic police, and also attach a written statement.

The same must be done if the certificate is lost, and the written statement states a request to begin counting the period of deprivation from the moment this official paper is written. If this is not done, it will turn out that formally the period of confiscation of rights will not be calculated until the document is handed over, confiscated, or until a statement of loss is received. As soon as a person brings a car license and it is officially certified, the “break in deprivation” stops, and the time of the “disenfranchised” state flows on.

When does the decision take effect?

The process of receiving a decision is regulated by Article 31.1 of the Code of Administrative Offenses of the Russian Federation. The moment occurs within 10 days from the date of publication of the resolution. The rule applies if the court decision has not been appealed. If a corresponding decision is made, the citizen is obliged to surrender his driver's license. The action is carried out within 3 days from the moment the resolution comes into force. The period of deprivation begins to be calculated from the moment the document is submitted.

The driver's license will be kept at the traffic police department. Time limit. Storage is for a maximum of three years. If within this period the person does not submit an application demanding the return of the document, it will be cancelled. You will be able to restore your driving privileges after passing all driving tests.

At what point does the period of deprivation of rights begin?

The period of deprivation of rights begins 10 days after the decision of the magistrate court comes into force. 10 days are allotted to appeal this decision.

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1. If the court decision is challenged in higher courts, the period will begin after the decision of the district court enters into force.

I note that until this decision comes into force, the driver can drive a car using the driver’s license remaining in his hands

2. If the driver does not surrender his driver’s license within 3 working days, the period of deprivation will not begin to count.

How to win a court case for deprivation of rights?

A lawsuit on deprivation of rights can be won if there was no traffic violation and the accusations are false. In this situation, you will need to prove your innocence by attaching supporting documents and providing testimony. If an offense has actually been committed, there is also a chance to avoid deprivation of a driver’s license. No penalty will be imposed if the driver proves that significant errors were made during the registration of the offense. These include:

• errors were made when drawing up the protocol;
• no witnesses were involved;
• the driver suspected of drinking alcohol while driving was not informed of the procedure for conducting a medical examination;
• There is no driver’s signature confirming that he has read the protocol.

If a person is confident in his own innocence, there is no need to admit guilt; the citizen has the right to submit a petition to postpone the hearing to another date. Additional time will allow you to get advice from a car lawyer and prepare additional documents confirming the arguments presented.

Mandatory examination - as the main evidence

Whether you appear in court for deprivation of your license for drunkenness or not will not make any difference if you agreed with the results of the examination when drawing up all the documents.

To draw up a report, you need irrefutable evidence that the driver is intoxicated. To confirm this condition, it is necessary to conduct a test using a breathalyzer available to the traffic police crew. If there is a smell of alcohol, an unstable posture in a person, incoherent speech or a change in complexion, the examination is carried out directly on the spot.

If the driver does not agree with the results of the test for alcohol intoxication, he is sent to a specialized medical facility. There he is tested again for the presence of alcohol in his blood. If the driver refuses the examination, he admits his guilt and faces punishment for driving under the influence.

You can practically not resist in cases where:

• Both the breathalyzer and medical examination showed alcohol;
• The driver signed all documents, writing “I agree”;
• The traffic police did not allow gross violations, such as checking for drunkenness without video recording and witnesses.

Just in case, consult a lawyer on deprivation of rights by asking him a question in the chat or by calling the numbers (at the end of the article or on the left).

Appealing a court decision

If a citizen is not satisfied with the court decision, he can try to appeal it. 10 days are given for this from the date of publication of the resolution. The citizen will need to file an appeal. To increase the chance of a positive outcome of the case, it is recommended to hire a competent lawyer. Additionally, you will need to summarize the facts that play in the driver’s favor:

• the traffic light was faulty;
• workers repaired the damaged roadway;
• potholes were present and the overall quality of the road surface was poor;
• there were no warning signs;
• the road surface was not treated in icy conditions.

If there are factors that justify the driver, there is a chance to reduce the period of deprivation of a driver's license or replace the punishment with a fine.

How to appeal a court decision

Within a 10-day period after the decision to revoke the license, the driver has the right to appeal. To increase your chances of success, you need to carefully collect the necessary evidence, hire a good lawyer and consider all the circumstances that influenced your driving. Such circumstances may include:

• poor quality roads and areas with potholes;
• traffic light malfunction;
• missing warning signs;
• untreated road surface during icy conditions;
• violations of traffic rules by workers and other facts.

If you manage to collect all the necessary evidence, the driver can get by with several months of deprivation of his license, and under even more favorable conditions, with payment of a fine.

Judicial practice on deprivation of rights

In practice, the application of current legislation can be carried out in different ways. Thus, a citizen was deprived of her driver's license for six months for driving while intoxicated. When the magistrate made his decision, the woman filed a petition with the appeal court. In the document, she admitted the violation. In response to the petition, the woman was sent a letter stating that the term of arrest under Article 12.27 of the Code of Administrative Offenses of the Russian Federation had been reduced. The driver's license was returned within a month.

In the second situation, the citizen was faced with the dishonest work of a magistrate. During the proceedings, gross violations and mistakes were made. To restore his license, the driver filed a lawsuit. The Court of Appeal upheld the citizen's complaint. The legal proceedings were terminated due to the expiration of the statute of limitations. The driver's license was returned.

Based on the above, the driver has a chance to count on mitigating circumstances if the line of defense is correctly constructed.

Nuances

If a citizen has to take part in the proceedings, it is recommended to prepare in advance a list of questions that the driver will ask eyewitnesses. This will allow you not to get lost in court and feel more confident. You need to be meticulous and try to destroy their position by finding out the contradictory circumstances. This will allow the citizen to prove his innocence. There is no need to feel embarrassed. You need to act confident. The prosecution should be asked to explain in detail its position and the specifics of the situation. If documents containing inaccuracies are attached to the case, you must demand that they be removed from the list.

When the position of the prosecution ceases to seem undeniable, and the citizen himself gives a clear explanation of the current situation, you can demand that witnesses be called. These persons must be present when the protocol is drawn up. The prosecution may raise objections. It is necessary to inform that the action is not being carried out to delay the proceedings, but to confirm the case materials that were previously provided. During the trial, other circumstances may be revealed that will play against the citizen. You need to be prepared for this. There is no need to agree to a request to admit guilt in exchange for a reduced sentence. Once this happens, the proceedings will end. If new facts are discovered, you can apply to postpone the trial. It is necessary to study the information and use it when building a line of defense.

In accordance with Article 46 of the Constitution of the Russian Federation, a citizen has the right to use the assistance of a highly qualified lawyer. This feature can be used if a person is denied additional time for a detailed consideration of newly discovered facts. The time provided for preparation can be used to understand how to proceed further. However, it is not necessary to hire a lawyer.

If the court has decided to deprive the driver of his driving license, you should not fall into despair. You can appeal the decision within 10 days by contacting a higher authority. There is no fee for carrying out actions.

If the guilt is undeniable, the fact of a violation is confirmed, there is practically no chance of successfully challenging the decision. Most often, you will have to wait until the punishment is completed and regain your rights only after the specified period has expired.

There are no traffic police on them

It is noteworthy that this is not the first such decision. However, lower courts still make decisions without worrying about such “minorities.”

So, a certain Vedeneev A.S. On February 2, 2021, while driving along the Nizhny Novgorod-Saratov highway, in the Penza region he allegedly entered the lane intended for oncoming traffic. For the first such violation, in accordance with Part 4 of Article 12.15 of the Code of Administrative Offences, the driver is given a fine of 5 thousand rubles.

But it turned out that Vedeneev had been found guilty under the same article a year earlier. That is, it turns out, a repeated violation. And it is already under Part 5 of Article 12.15 of the Administrative Code. And this part of this article already provides for deprivation of the right to drive. Therefore, the magistrate of the Tagansky district, where the offender lives, decided to deprive the driver of his license for a year. The decision was supported by other courts. However, the Supreme Court decided that these judicial acts cannot be recognized as legal.

The fact is that the protocol issued by traffic police inspector Abolyanin did not indicate the specific nature of the violation. The Supreme Court recalls that Part 5 of Article 12.15 is applicable in cases where the driver repeatedly violated the requirements of the signs “Overtaking is prohibited”, “Overtaking of trucks is prohibited”, “Road with a lane for route vehicles”, when such a lane is intended for oncoming traffic, “Directing traffic along the lanes” when it involves entering the lane of oncoming traffic. As well as a violation of markings 1.1, 1.3, 1.11, separating flows in oncoming directions. Or driving in the opposite direction at a roundabout.

However, the protocol that was drawn up in relation to Vedeneev did not indicate what exactly he violated. It must be said that the decisions of lower courts were overturned by the Supreme Court more than once on this basis alone.

But this is not the only complaint about the decision of the lower courts. The fact is that when a violation occurs in the region where the case is being considered, the inspector who drew up the protocol is usually called to testify. But if the violation occurred in another region and is being examined at the place of residence of the accused, then it is almost impossible to summon an inspector to court. He will not travel at his own expense, and management will not send him on business trips. You can't have enough inspectors - send them to every court. Therefore, in this case, the magistrate’s court considered the written testimony of traffic police inspector Abolyanin.

The inspector explained his rights to himself and warned himself about liability for giving false testimony

However, the Supreme Court considered that such explanations could not be accepted as admissible evidence. They were selected by the inspector from himself, the Supreme Court points out. The inspector warned himself of responsibility for giving deliberately false testimony. And he explained to himself the rights provided for in Article 51 of the Constitution of the Russian Federation, as well as the Code of Administrative Offenses.

In addition, a video recording of the violation itself was attached to the case materials. But nowhere is it explained how and with what help it was made. And this is also important for making a fair decision. After all, video recording can be made by a device for automatic photo-video recording of violations. And in the case of automatic recording of violations, the maximum that the driver faces as punishment is a fine.

Based on all these arguments, the Supreme Court overturned the decisions of the lower courts and also terminated the administrative case against Vedeneev.

It is clear that in this situation, it is not so much the traffic police inspectors who are to blame for the unfair decision regarding the driver, but the judges who forgot to comply with some basic norms and requirements.

However, the question remains open of what to do in a situation where a violation is detected in one region of Russia, but is being examined in another, at the place of residence of the accused. In this situation, how to question a traffic police inspector who identified a violation and whom it is unlikely that anyone will send to another region several hundred kilometers away just to testify in a magistrate’s court.

Judges, aware of this practice, do not even summon inspectors to court. Meanwhile, the number of Supreme Court decisions that do not recognize the decisions of lower courts as legal on this basis alone is only growing.