You have been deprived of your driver's license, the period of punishment has expired or has not yet passed, and you are wondering how to get your driver's license back after deprivation? Let's figure out how to do this.
ATTENTION : our lawyer for deprivation of a driver’s license in Yekaterinburg will not only explain the procedure for returning a driver’s license, but will also answer other questions. Call today!
Procedure for returning a driver's license after deprivation
So, how to get your driver’s license back after your license has been revoked:
- Determine when your driver's license suspension expires . The period is counted from the day when the court decision came into force
- Let's see where to go . After this, you need to determine which department of the traffic police holds your driver’s license. The traffic police department will be the one that executed the judicial act on deprivation of rights. You can obtain a certificate from any other traffic police department, but to do this, 30 days before the expiration of the period of deprivation of rights, you should contact the traffic police department that executed the court order and submit an application with a request to send your certificate to the traffic police department where you want to receive yours rights
- The third step in obtaining a driver's license after deprivation will be passing an exam on knowledge of traffic rules . The exam can be taken after at least half of the period of deprivation of rights has expired
- Administrative fines are paid . You need to check whether you have outstanding fines for traffic violations. If there are unpaid fines, they must be paid in order to get your driver's license back.
- After completing the above steps, you need to prepare documents for the return of your driver's license and submit them to the traffic police
- If you did everything correctly, you will be issued a driver's license and you will join the ranks of happy motorists on the roads of your city
Is it possible to get your license back before going to trial for drunkenness?
The established offense itself must certainly entail punishment, however, if the defendant can prove that violations of the procedure were committed during the preparation of the protocol and related operations, the rights can be restored.
Deprivation of the right to drive vehicles and other administrative penalties can threaten every driver, so before getting behind the wheel, a motorist needs to understand the procedure for carrying out the above procedures.
Deprivation of rights for driving while drunk should be carried out in accordance with the following algorithm:
- The traffic safety inspector must clearly indicate to the driver that he must stop the car. If the driver shows significant signs of alcohol intoxication, he will be offered an examination using a breathalyzer directly at the stop;
- A car enthusiast should know that he should not refuse to carry out such an examination: this does not relieve him of possible liability. In accordance with the Code of Administrative Offenses, refusal is qualified as an offense similar to drunk driving, and is punished in the same way: deprivation of a driver’s license for up to 2 years and an administrative fine of up to 30,000 rubles. If a refusal to take a breathalyzer test has been recorded, it will not be possible to get your license back before the trial;
- If the driver has passed the examination, the next step is to draw up a report, also without leaving the stop site. The document indicates the specifics of the incident. The paper must certainly bear the signatures of two witnesses who observed the examination process. If these signatures are missing (or there were no witnesses at all), this is another opportunity to get your driver's license back before the trial;
- Within 3 days after stopping the car, the drawn up protocol on violation of traffic rules is sent to the traffic police. From this moment on, a new stage lasts for 15 days, during which it is still possible to return the driver’s license before the trial. During this period, a commission to examine the case is convened; it is the commission that determines whether the case should be sent to court or whether it is necessary to terminate the proceedings if, for example, the procedure for conducting an examination or drawing up a protocol was violated.
To protect your rights and avoid going to court, it is at this stage that you need to seek help from a qualified car lawyer and try to return the seized rights.
When the appointed commission nevertheless makes a positive decision, the next step is to take the case to court, in which case the motorist should submit his driver's license to the local traffic police.
Documents for returning driver's license
One of the steps to get your driver's license back is preparing documents. What documents will be needed to return a driver's license?
- identification document (passport or other)
- medical report on whether the driver has or does not have medical contraindications, indications or restrictions for driving the vehicle
- documents on payment of fines
- Some sources provide explanations from the traffic police on how to return the license, and among the documents there is a copy of the court order with a note about the fact of surrendering the driver’s license. However, the certificate cannot always be surrendered to the court, so you should provide a document indicating the surrender of your driver's license
PLEASE NOTE : if a person’s medical report reveals limitations or indications (which were previously absent), the old license will be considered invalid, and the person will be issued a new certificate taking into account the restrictions or indications.
Early Return Process
If a decision was made to the offender to confiscate the certificate, and this decision was not challenged and cancelled, the return procedure will consist of several steps.
How can I get my license back after being revoked early?
First, you must voluntarily submit your license to the state traffic inspectorate. A corresponding document is being drawn up regarding this. This must be done within 3 days. Otherwise, the court decision is annulled. But the issue will be reviewed again. The period of deprivation will begin to count only after the certificate is handed over. Thus, there is no point in avoiding this step with the hope that everything will work out; sooner or later the rights will be taken away.
Secondly, you need to be patient and live half the period established by the court without a driver’s license.
Thirdly, after the expiration of the above period, the citizen deprived of his rights applies to the court with a petition for their early return. The court considers this possibility and schedules a hearing. At this stage, the applicant must convince authorized persons of the feasibility and safety of early return of rights after deprivation. At the time of filing the petition, the applicant must be “clean” not only in the road sector, but also have no debts on loans, payment for housing and communal services, or alimony in an amount exceeding ten thousand rubles.
Fourthly, the applicant must confirm knowledge of the regulatory framework by passing an exam at the State Traffic Safety Inspectorate (theoretical part).
Early return of driver's license
Returning a driver's license ahead of schedule means that the person will receive a license before the period for which he is deprived of the right to drive a vehicle expires. Is this possible under our legislation? The answer is negative, i.e. The law does not provide for the early return of rights to a person who has been deprived of the right to drive a vehicle.
However, it is possible to get your license back early if you appeal acts of deprivation of a driver’s license if they are canceled by a higher court.
If the court cancels the decision by which a person was deprived of the right to drive a vehicle, then the license can be obtained in the department where they were surrendered, or in another department, but the return period will be longer, since the certificate will need to be sent. To return your rights, you will need to present a court decision to cancel the act of deprivation of rights and a passport.
USEFUL : read more about appealing an administrative decision using the link, and also order the procedure through our lawyer
Who has the right to early return of the driver's license?
The rule on reducing the period of deprivation of a driver’s license applies to drivers who have committed:
- secondary entry into oncoming traffic;
- repeated driving of a vehicle that is not properly registered;
- crossing railway tracks when a prohibitory light signal appears;
- secondary movement along a one-way road in the opposite direction;
- falsifying government license plates or using license plates of another vehicle;
- transportation of dangerous and large objects without compliance with established safety regulations;
- ignoring the requirement to allow a vehicle with special signals to pass.
Deadline for revocation of driver's license
If the rights are returned ahead of schedule, i.e. when a person has appealed the act of deprivation of the right to drive a vehicle and it has been cancelled, then the driver’s license must be returned to the person on the day of the appeal, if it was handed over to the traffic police department.
If the decision to deprive a driver’s license has not been appealed, then you must wait until the decision comes into force, then count down the period for deprivation of the right to drive a vehicle, after which you can get your license back.
You should also take into account the time it takes to redirect the certificate if a person has expressed a desire to receive it at another traffic police department.
Where to return the ID
In order to get a driver’s license again, you need to contact the department of the state traffic inspection indicated in the decision of the magistrate who made the decision to revoke the license. There it is stored until the early return of rights after deprivation.
It is possible to obtain the document in another department upon application. In this case, the citizen will receive a driver’s license later, since it will take time to transfer it to another place.
Lawyer for driver's license return in Yekaterinburg
If you have any questions related to the deprivation of your driver’s license, you can contact our Law Office “Katsailidi and Partners”, which will definitely help you understand your situation. Our lawyers in matters of returning a driver’s license are ready to provide the following services:
- advise on issues of return of rights, as well as other administrative matters and situations
- study the acts on deprivation of your driver's license and explain the appeal procedure and possible prospects for the case
- prepare a complaint against the decision to revoke a driver's license
- represent the interests of the client in the traffic police departments and in the courts
- prepare an application with a request to redirect the certificate to a specific traffic police department
Sent documents
First of all, the person deprived of rights must contact the authorized body in writing. The application form to the traffic police includes the following information:
- information about the applicant – last name, first name, patronymic, passport details, registration address;
- driver's license details - series, number, by whom and when issued, open categories;
- list of documents in the attachment.
The following documents are attached to the application:
- application for forwarding - there is no standard application form for the traffic police; it is written in free form if it is impossible to obtain a certificate at the place of its storage;
- court order on deprivation of a driver's license - a copy;
- document on transfer of the certificate to the traffic police department - a copy;
- documents confirming payment of administrative fines for violation of traffic rules - copies, if necessary;
- passport – copy, front page and registration;
- medical certificate in form 003-в/у, confirming the absence of contraindications or restrictions to driving a vehicle - if the license was taken away for driving while intoxicated.
This list is complete; requiring other documents is unlawful.
Certificate return period
If all the necessary documents have been sent to the authorized body, the exam has been successfully passed, and there are no complaints regarding the payment of fines, then the driver’s license will be returned on the same day.
Is it possible to return rights early after deprivation if any shortcomings are discovered in the submitted package of documents? Anything can happen: errors in registration, in collecting papers, etc. For example, an application form to the traffic police may be filled out incorrectly. It is possible, it will be enough to eliminate them and apply again. The return may also be delayed by sending the document between traffic police departments.
