How to get your license back after being revoked for drunkenness? - drive2
The number of drivers who were not fined by traffic police inspectors is very small. Basically everyone has had to face punishment at least once. It's good when it's a fine. But often motorists commit more serious offenses, which are fraught with the withdrawal of the right to drive a vehicle for a period from a couple of months to several years, including for “drunkenness”.
Since September 2013, a law has been in force that states that the maximum permissible level of ethyl alcohol in human blood should be no more than 0.16 ppm.
In practice, people are deprived of their rights even with minimal readings on the measuring device. If such a violation occurs for the first time, the license may be revoked for a period of one and a half to two years.
This depends directly on the court's decision. The second time, the rights can be “taken away” for three years.
Traditionally, you are deprived of a license for drunkenness in two cases - for refusing a medical examination, and for actually driving a vehicle while under the influence of alcohol or drugs.
HOW TO GET YOUR DRIVING LICENSE BACK AFTER YOUR DRINKING DIRECTION
There are two ways to return rights:
-Protect your interests in court. If you are at this stage;
-Do not defend and wait for his decision to receive them after the expiration of the period of deprivation;
-And don’t believe in miraculous ways to “return your rights ahead of schedule,” of which there are an unimaginable number of advertisements.
If you do not appeal the court decision, you should submit the document within 3 days. This can be done at any department of the road safety inspection, regardless of place of residence and registration. From the date of the decision, the rights are valid for 10 days and can still be used. This time is given to appeal the court decision.
Since the end of 2014, new rules for the return of rights have been in force. To regain your license after a trial for drunkenness, you must successfully pass a theory exam at the state inspectorate and pay all fines. After this, the driver can pick up his documents after deprivation.
IS IT POSSIBLE TO RETURN EARLY?
No, there are no legal ways to return your rights “early”.
WHEN DO YOU NEED TO TAKE THE TEST AFTER YOUR LICENSE IS REVOKED?
To pass the test, at least half the time of deprivation must have passed. For example, if it was confiscated for 2 years, you can go to the traffic police department to surrender it in at least a year.
The exam will be different from the standard one when students come to receive their first certificates. The tickets do not contain questions regarding medicine and fines.
They are divided into categories, and the exam is taken at a higher level. For example, if you have been deprived of your aircraft category certificate, you need to take the exam using CD.
If the exam is unsuccessful, the motorist can try again at least a week later. The number of repeated attempts is not limited: the driver can take the exam for free until he receives a successful score. The tests are carried out in the examination department of the traffic police, and not where the offender’s license is located.
If the driver was punished for driving while drunk, an accident that was committed while intoxicated, or for refusing to undergo a medical examination, it is impossible to return the license without re-passing the medical commission.
WE COUNT THE TIME TO RECEIVE A DRIVING LICENSE
As mentioned above, it is impossible to return your license early for drinking.
Therefore, in order to calculate the exact date of return of the certificate, you need to note the day the copy of the court decision was delivered and add the penalty period to it.
It is necessary to add 10 days, which are given to appeal the decision. After carrying out simple calculations and determining the date, you just have to wait for it. It is advisable to go for your license the next day.
For example, a violation occurred on June 1 and the license was deprived for 1 month. The trial date was June 20, and the appeal took place on July 18. The date of appeal is the beginning of the period of deprivation. On August 19 it will be possible to get your license back.
If the decision was not contested, the punishment would begin on June 30 (10 days for appeal). You can get your ID back on July 31st. The period is counted from the date of delivery of a copy of the document to the driver.
Days when the driver did not pick it up are not taken into account in the total time.
WHAT DOCUMENTS ARE NEEDED TO RETURN A DRIVING LICENSE?
By default, you can pick up your ID only at the traffic police department where the court order was executed.
First, you need to write and submit an application for the return of your license to the traffic police department - (the exact name is indicated in the resolution), where the driver handed them over in accordance with the court decision.
Then successfully pass the exam and visit the department. Rights can be withdrawn within 3 years after the expiration of the penalty. Documents that are stored for more than 3 years in the traffic police are destroyed.
TO OBTAIN YOUR RIGHTS YOU MUST PROVIDE:
Passport or any other document that proves your identity. A copy of the court order. A document confirming passing the theoretical exam. A new medical certificate.
It is possible to obtain the document at another location. To do this, you need to submit the appropriate application for the issuance of rights in another place, indicating its full name in the document. The request is submitted to the department where the seizure of rights was carried out.
If everything is completed correctly, the license will be transferred to the specified department and issued to the driver. The application must be submitted no later than one month before the end of the penalty period. The document can be submitted either in writing or by email.
HOW TO CHECK YOUR DRIVING LICENSE FOR DISCOVERY?
On the official website of the State Traffic Safety Inspectorate there is a service where you can check a document to see if you can return your license for drunkenness and when to do it. In the appropriate form you must enter the number and series of the certificate, the date of issue and the verification code.
Verification of rights is carried out both in the database of those deprived and in the registered archive. Information is also provided that the owner of the document was deprived of it. The reason is indicated in the same section; on the screen you can see the date of the court decision, the current status and the period until which the driver’s license was deprived.
So, let's summarize. If the court has made a decision to deprive you of your driver’s license for drunkenness, then you cannot return your license early, but you can obtain it legally by following the procedure below:
Pay all fines. Wait until the end of the period set by the court. Submit an application for the return of your license one month in advance. Successfully pass the theoretical test at the traffic police on the appointed day and receive the document. Pass the medical examination again. Wait for the day when the punishment ends. Go to the department, provide all the necessary documents and pick up your ID.
If you believe that your rights have been illegally deprived, then you need to defend your position in court, preferably with the support of experienced car lawyers.
However, practice shows that even with the help of a lawyer, the probability of a negative scenario for articles related to alcohol intoxication while driving tends to 100%, and when choosing lawyers, be sure to pay attention to the fact whether they have the necessary positive experience in judicial practice precisely with this category of cases.
And most importantly: don’t drive after drinking alcohol, and life will get better!
If you need legal assistance, please seek a free consultation with a specialist in the field.
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Source: https://www.drive2.ru/b/486805475736682529/
How to get your license back after being revoked for drunkenness
A number of violations of the rules committed on the road lead to the possibility of deprivation of rights. You may not be able to drive again right away. The certificate is withdrawn for a certain period.
The specifics of the procedure for returning rights depend on what kind of traffic violation was committed. For many people, deprivation of the ability to drive a car for a long time becomes a significant problem.
For this reason, the question of how to get your license back after being deprived of it for drunkenness after a trial in 2018 often becomes relevant.
The procedure has other nuances. To know in advance how to return the ability to drive a car ahead of schedule, you need to study current information on the topic. We will talk further about what needs to be done after deprivation of a license, the procedure for returning a driver’s license and the documentation that will be required to carry out the manipulation.
Your license has been revoked: what to do next?
If the procedure for challenging a court decision is not started within 3 days, your license will have to be surrendered. The document is transferred to the traffic police department in which the verdict of the government body was executed. If a citizen who has violated traffic rules has a temporary permit to drive a car, issued for a certain period, it will have to be surrendered along with the license.
If a person continues to use the document, he risks increasing the period of revocation of his driver's license. It should be remembered that the countdown of the period of deprivation of rights is not the moment of violation of traffic rules, but the date of submission of the document and receipt of the court order.
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How do traffic police officers return your license?
The return of a driver's license after deprivation for drunkenness in 2018 was carried out after writing an application. The application must be completed 30 days before the driver’s license is returned.
If the license was withdrawn due to drunkenness, in order to restore the documentation, the person will have to confirm knowledge of traffic rules. Such requirements are imposed on an unscrupulous citizen by current laws.
In addition to the application, in order to return a person’s rights within a specified period of time, it will be necessary to prepare a list of additional documents, the list of which includes:
- identification card of the driver in respect of whom the deprivation of license was applied,
- a paper confirming that, after deprivation of rights, the document was handed over to a traffic police officer,
- a copy of the decision made by the court.
In addition to the basic ones, additional papers may be required to restore rights after their deprivation. So, if a driver’s license was taken away due to drunk driving, in addition to the classic list, you will need to submit a medical certificate. Without it, the driver's license will not be returned.
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Depending on the type of traffic violation, deprivation can be expected for the following period:
Article | Violation | Period of deprivation |
12.02 p. 2 | Driving a car without license plates, with changed license plates | 1–3 months |
12.02 clause 4 | Deliberately driving a car with false license plates | 6–12 months |
12.5 clause 3 | Installation of red light signals (flashing lights) on the front of the car | 6–12 months |
12.5 p.p. 4, 6 | Illegal installation on a machine of devices that produce light or sound signals (flashing lights); drawing on the body of drawings imitating a special services vehicle | 12–18 months |
12.5 clause 5 | Providing unauthorized light or sound signals (flashing lights) when moving | 1.5–2 years |
12.8, 12.26, 12.27 p. 3 | Driving while intoxicated or giving control to another person who is intoxicated; refusal of medical examination; use of alcohol or drugs after an accident or stop by state inspectors | 1.5–2 years |
12.9 clause 4 | Exceeding the speed limit by 61–80 km/h | 4–6 months |
12.9 clause 5 | Speeding by 81 km/h or more | 3–6 months |
12.1 | Incorrectly crossing or stopping at a railway crossing | 1–3 months |
12.15 p. 4, 12.16 p. 3 | Illegal driving into oncoming traffic, excluding forced detour around obstacles; on a single lane road against the direction of travel | 4–6 months |
12.17 p. 2 | The driver did not give way to a special services vehicle with a blue flashing light and/or sound signal on | 1–3 months |
12.23 p. 5 | The bus driver did not comply with the requirements for night transportation of groups of children | 4–6 months |
12.24 clause 1 | Violation of traffic rules led to an accident; The victim received minor injuries | 1–1.5 years |
12.24 p. 2 | Violation of traffic rules led to an accident; the victim suffered moderate harm to health | 1.5–2 years |
12.27 p. 2 | The driver left the scene of the accident | 1–1.5 years |
12.01 | Driving an unregistered or untested vehicle | 1–3 months |
12.9 clause 7 | Exceeding 61 km/h or more | 1 year |
12.10 clause 3 | Violation of traffic rules and stopping on railway tracks | 1 year |
12.12 clause 3 | Driving through a red light | 4–6 months |
12.15 clause 5, 12.16 clause 3.1 | Entering oncoming traffic or a single-lane road against the direction of travel | 1 year |
Is it possible to speed up the return of rights?
If a person is thinking about how to get a license after being deprived of it early for drunkenness , he needs to turn to the Code of Administrative Offenses of the Russian Federation. According to the rules enshrined in the collection of normative legal acts, only those persons who have demonstrated exemplary behavior can return rights after deprivation ahead of schedule.
A person who has proven that he has taken the path of correction can apply for the return of his rights before the deadline.
In order for government officials to consider that the driver behaved exemplarily, the following conditions must be met:
- during the period of withdrawal of rights, the offending citizen did not violate the current legislation,
- the offending driver paid all fines,
- the person has in hand documents confirming payment of compensation for damage caused as a result of traffic violations.
According to the established procedure, a person can apply to the court for early return of rights only after half of the punishment period has ended. The government agency does not always agree to grant amnesty to the driver.
We recommend a video on how you can get your license early after being imprisoned for drunkenness in 2018:
Video
It will not be possible to return your rights early if:
- driver's license was revoked for drunkenness,
- This is not the first time that licenses have been confiscated for traffic violations,
- the driver does not want to undergo a medical examination.
If a person wants to return his license early, he must prepare for the fact that he will have to retake the theory.
According to the Code of Administrative Offenses of the Russian Federation, only drivers who have been deprived of their license for more than 1 year must retake the theory.
Download the application to the traffic police
Source: https://YurPortal.info/avtoyurist/kak-vernut-prava-posle-lisheniya-za-pyanku/
Description of the procedure for returning rights after deprivation of rights for drunkenness in 2018
Legislative acts that explain how to take away your license after being revoked for drunkenness have been in effect since November 2014.
The driver is expected to go through a number of steps before returning the revoked license.
They make sure that the driver has the ability to be allowed to drive for medical reasons, and also knows the rules of the road to the extent necessary for safe driving.
Restoration of rights after deprivation of rights for drunkenness
The return of a driver's license after being revoked for drunkenness in 2018 is carried out according to the rules that have been in force for the last few years. There have been no changes to this part of the legislation.
You must wait for the period of deprivation of rights to expire, submit an application and a package of documents to the traffic police department, which includes documents on retaking the theoretical exam, a medical certificate in the prescribed form, as well as a receipt for payment of a fine.
Documents must be submitted either at the place of deprivation of rights, in which case this can be done on the day the deprivation period ends, or at the place of residence/registration. In this case, it is important to submit an application in advance.
Responsibility for drunk driving
What are the consequences for a driver of driving while drunk? Read in this article.
A driver will be able to obtain a license after being disqualified for drunkenness only after all fines for previous offenses have been paid.
It is also important to retake the theory exam ; if the exam was failed by the driver, then it can be retaken no earlier than after 7 days. The number of retakes is not limited.
It is also necessary to obtain a medical certificate , which allows the driver to be allowed to drive a car; it includes a certificate from a narcologist and a psychiatrist.
List of documents for restoration of rights after deprivation of rights for drunkenness
To get your driver’s license back after being revoked for drunkenness, you will need to provide the following list of documents to the traffic police department.
- identification card (both a passport and a document replacing it in accordance with the legislation of the Russian Federation);
- a copy of the court order on deprivation of a driver's license;
- a certificate confirming that the driver's license was tested after being disqualified for drunkenness;
- medical certificate allowing the driver to drive a car.
Driver's license return period
Legislation explaining how to return your license after being deprived of it for drunkenness specifies clear deadlines for the possibility of return. If the driver drove a car while drunk for the first time, the court may deprive him of his license for a period of 1.5 to 2 years (regulated by the provisions of Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
The same article regulates the period of repeated deprivation of rights for drunk driving. If the driver violates this rule of law not for the first time, then you can get a driver’s license after being deprived of it for drunkenness within three years . Possible criminal liability.
A retake after being disqualified for drunkenness is mandatory in both cases.
Download a blank Application form for the return of a driver's license
Still have questions? Ask them in the comments and get a specialist answer
Source: https://roadadvice.club/3314-poryadok-vozvrata-prav-posle-lisheniya-za-pyanku-v-year-godu
Return of rights after deprivation for drunkenness
Express assessment of business prospects
Left without a license after being deprived of a license for drunkenness, many motorists become pedestrians for a year and a half, and some for two years, spending 30 thousand rubles on a fine. There are also some drivers who repeatedly violated the rules and got behind the wheel drunk and without a license. The period of deprivation of the driver's license is accordingly increased by the time imposed by the new court decision.
In addition to the long period during which it is impossible to use a personal car and is forced to travel by public transport, drivers who have been deprived of their driver’s license face an equally unpleasant process of their return.
Grounds for deprivation of driving license for alcohol intoxication
Your driver's license to drive a car can be revoked for the following violations:
- if the driver was intoxicated at the time of the stop by the traffic police inspector, and the breathalyzer showed the presence of 0.16 or more milligrams of alcohol per 1 liter of exhaled air;
- if the driver has transferred the right to drive a vehicle to a person who is drunk;
- if the driver chose to refuse to take an alcohol test proposed by an on-site inspector, or refused to undergo a medical examination in a special institution.
Legislative changes made in 2015 affected the rules for deprivation of a driver's license. Confiscation of rights is not carried out by a traffic police inspector. They are handed over for storage with the driver losing the ability to drive the vehicle.
After the court ruling is issued, the driver is obliged to contact the traffic police department 3 days in advance, which will confiscate the license. The exception is situations when the driver does not agree with the verdict and punishment, and appeals the decision to a higher court.
This is followed by the standard process - acceptance of the license into the archive, recording of invalid rights in the traffic police database and counting down the time for deprivation of the right to drive a car.
Return of rights: main nuances
To obtain a license after being disqualified for driving while drunk, you must pass an exam before getting it back. The theory exam is mandatory. When returning your license for an administrative violation, namely driving while intoxicated after drinking alcohol, there is no need to take a practical driving test.
There are no legislative deadlines for retaking the theory at the traffic police, so you can take the tests at any convenient time. Important! Attempts to pass the traffic rules knowledge exam can be made after half the period of deprivation of driving license has expired.
Drivers who have had their driver's license revoked have the right to retake several times until the test is passed. At least 7 days must pass between the first and second attempts, after which you can go to retake the exam at the traffic police. Attempts to return rights are unlimited.
Before each attempt, you must submit an application and wait until the exam date is set. You must come to the exam or retake it on the appointed date and time.
The theory exam is similar to the one taken for the first time when obtaining a driver’s license, but there are some differences:
- there are no medical topics in the exam papers;
- Driving psychology is not asked in randomly selected questions;
- Drivers' knowledge of the Code of Administrative Offenses is not checked after deprivation of their driving license.
This means that the examinee is only tested on his knowledge of traffic rules. A man answers questions on a computer. Questions are presented in the form of tests. One theoretical exam includes 20 questions, of which only two can be answered incorrectly. 20 minutes are allotted for the exam.
If the exam was unsuccessful, after a week, having filled in the gaps in your knowledge of the rules, you can take the test again. If 18 or more questions are answered correctly, the exam is considered passed successfully, about which a corresponding certificate must be issued, on the basis of which a driver’s license is issued from the archives of the traffic police authority, where they are stored.
Please note that the exams are free of charge.
Rules for returning a license after drinking
To return a license that a driver was deprived of due to drunk driving, the following rules must be met:
- Before returning your license, you must pay all fines issued to the driver. Rights after deprivation can be returned only if there are no debts to the traffic police.
- Pass the theoretical part of the exam, for which there must be a corresponding mark (the law came into force in 2015).
- Pass a medical examination (the law came into force in 2013). This paragraph applies only to that category of motorists whose license is revoked specifically for drunk driving. The purpose of the examination is to receive a certificate stating that the driver can drive a vehicle and has no contraindications to driving it. The document is submitted to the traffic police, where the rights will be returned to their owner.
- Collect a package of documents, without which it is impossible to issue a driver’s license to a person. Such documents include a passport, a copy of the court decision on an administrative violation and withdrawal of rights, a certificate stating that the certificate was submitted to the State Traffic Inspectorate unit, a certificate from a medical institution.
Obtaining a license after being deprived of it for drunk driving if all these points are fulfilled will be a quick process that will not take up either the energy or time of the motorist.
You can pick up a driver's license confiscated for drunkenness on any day, starting from the end of the punitive period.
The statute of limitations for issuance is 3 years, after which unclaimed rights are destroyed. This means that you can obtain a reinstated driver status and a driver’s license within 3 years.
If the return is overdue, you will need to go through the rights restoration procedure.
Application for return of rights
After being deprived of a document permitting driving a car for drunkenness, it is handed over to the traffic police. Usually, deprived rights are accepted at the department indicated in the court order (at the place of registration or registration). You need to pick up your license in the same place where it was handed over.
If you move to another city, you may receive your license back at your new place of residence. To do this, you must submit an appropriate application requesting the issuance of a license to another traffic police authority.
Having considered this application, the State Traffic Inspectorate unit will forward the driver’s license to the required address to another traffic police department.
Features of submitting an application
Wherever your license is returned after being deprived of it for driving while drunk, it is important to follow several rules:
- The application must be received by the State Traffic Inspectorate no later than a month before the end of the sentence.
- The document is submitted to the department where the license was handed over, even if their return will take place in another city.
- The document must contain the exact details of the traffic police department where the driver will receive the driver’s license back.
An application for the return of a driver's license after deprivation can be submitted in writing or electronically. Submitting an application for the return of rights electronically via the Internet is simple. When the period of deprivation comes to an end, you must leave a statement on the official website of the traffic police. This can be done in the “Reception of requests” section.
Early return of driver's license
Motorists sentenced by a court to deprivation of their license and the right to drive under Article 12.8 of the Code of Administrative Offenses of the Russian Federation can try to regain their license ahead of schedule.
And although the amended legislation now allows for the return of licenses ahead of schedule, reducing the punishment for a driver who has lost his license for various reasons, the category of those who drink and drive is not included in these “indulgences.”
But there is another way to restore your driver status and legally get your driver’s license back.
To do this, it is necessary to challenge the court’s decision to withdraw your license due to drinking alcohol and driving while intoxicated. How to do it? Independent attempts are unlikely to lead to the desired result and a positive court decision in favor of the driver. In order for attempts to be successful, it is important:
- collect a number of evidence that refutes the accusation and exonerates the driver (if at the time of the stop by the traffic police inspector he was really not intoxicated from alcoholic beverages);
- build a new defense strategy based on unlawful actions of traffic police officers or procedural errors made when drawing up documents in the case (if such facts occur). During the defense, it is important to either dispute the fact of the presence of alcohol, namely the reading of 0.16 ppm or more, or to dispute the event of the violation itself;
- present before the court all the data and facts found so that there is no doubt about the person’s innocence.
Such work can only be done by professional lawyers who work in our Group of companies. They can close any case, prove its illegality and avoid deprivation of a driver’s license. The following can be considered an illegal basis for initiating and considering a case for an administrative offense:
- violations by traffic police inspectors when drawing up a protocol, diagram and other data from the scene of an accident or stopping a driver;
- lack of documents for a breathalyzer or seals, conclusions, verifications;
- not using a new mouthpiece, etc.
In case of illegal deprivation of a driver's license for drunkenness, the lawyer will do everything possible to overturn the previous conviction and restore the rights.
The range of services aimed at returning driver's license, which are provided to motorists by lawyers, includes: filing an appeal and petition, preparing a documentary base, collecting information on the case, representing interests in court or full consulting support. Conducting a thorough legal analysis of the documentation can help overturn the sentence of deprivation of driver's license.
In order to prevent a court ruling on the deprivation of driver's licenses for drunkenness, it is important to start the fight before the trial ends. Our lawyers strongly recommend contacting traffic lawyers at the time the traffic police inspector draws up a report or in the first days after receiving a copy of the report on an administrative offense.
If the trial has already passed, it is important to remember that challenging the decision to withdraw rights is only possible in the first 10 days by filing a request with a higher court. If the ten-day period has expired, do not lose hope, as lawyers can achieve termination of the deprivation of a driver’s license through supervision.
Advantages of contacting our group of companies
Our group of companies employs experienced lawyers and attorneys who have won hundreds of cases involving a driver being accused of driving under the influence and returning driver's licenses to their owners.
When contacting us, every car owner can receive:
- free consultation on choosing a course of action and defense strategy;
- professional analysis and analysis of the situation;
- adequate prediction of the outcome of the case;
- assistance with paperwork;
- assistance in court;
- assistance in returning the certificate after the trial.
The lawyers of our group of companies are interested in winning the case and removing the penalty of deprivation of the right to drive, and not in financial reward, so they will give an honest forecast about the chance of closing the case. In addition, payment for protection services is made in the event of a positive result.
Our lawyers have won more than half a thousand cases in the field of traffic law. Therefore, you can be confident in a positive outcome of the case.
Write down our phone number in advance - let it always be with you, because it is better to contact a specialist immediately after an accident or stop by a traffic police inspector.
Source: http://lishenie-prav.com/vozvrat/
How to get your license back after deprivation in 2018
The rules establish strict regulations on how to return rights after deprivation in 2018. Since deprivation of a driving license is one of the most severe forms of punishment for drivers, the document can be returned if a number of mandatory conditions are met. The new rules of the Code of Administrative Offenses have been in force since 2015; many provisions differ from previous regulations.
How is a driver's license revoked?
Previously, the driver's license was taken away by an inspector when drawing up a protocol on the violation. Now the driver himself submits the document after a court decision is made.
The document remains in hand, and you can operate the equipment until the trial. After a court decision, the first check will lead to the seizure of the car in a parking lot and an impressive fine.
The law makes an allowance: the readings of traffic cameras do not lead to deprivation of rights, only to fines.
The protocol is sent to the court, the defendant in the administrative case is notified of the date of the court hearing. The trial period is allotted 2 months, followed by 10 days for appeal. After the decision comes into force, the driver must submit his license to the department that compiled the protocol within 3 days. The return period begins from the date of delivery of the certificate.
If the document expires during the penalty period, an extension will be issued upon receipt in the standard way. In addition to the license, you will need to submit a temporary permit, if the driver has one. You cannot pass your driving license and continue driving with a temporary permit. If the temporary certificate is not submitted, the sentence will not begin to decrease.
The procedure for returning rights after deprivation in 2018
According to existing rules, it is necessary to begin the procedure for returning a driver’s document by retaking the theoretical exam on traffic rules. There are no restrictions on the number of attempts; the time difference between attempts must be 7 days. The service is provided free of charge; detailed information can be obtained from the employees of the traffic police training unit.
If your license was revoked for drunkenness, you must provide a standard medical certificate received no later than a month before applying.
You can apply for a certificate at the department where the document was submitted, or at any other inspection. If the location is different, it makes sense to contact in advance so that there is time for delivery by official mail.
The package of documents is insignificant; nothing additional is required:
- driver's passport;
- certificate of passing the tertiary education by a court decision;
- a copy of the court decision;
- medical certificate (if necessary).
You need to pay fines and debts in advance, including closing the enforcement proceedings of the bailiff service. As a rule, after receiving the application and the specified documents, it will take only one day to receive your driving license.
This rule applies if the rights do not need to be sent to the address specified in the application. The procedure is well established and does not present any difficulties.
The traffic police service regulations specify the rules for sending official mail, which are strictly observed.
The driver's license must be collected before the expiration of three years from the date of surrender, then unclaimed documents are disposed of. Until the age of 3, you can apply at any convenient time, without penalties or additional payments.
Early return of rights after deprivation in 2018
The possibility of an early procedure does not exist now, since the law on conditional early return has not been adopted by deputies. The bill was considered several times, it was proposed to reduce the penalty period by half for exemplary behavior and replace it with a monetary penalty. Rules were proposed for all violations except alcohol penalties.
Opponents of the bill claim that there will be many abuses and rights will be returned early for bribes. As a result, they decided to consider the bill later, when the situation on the roads has significantly improved.
Currently, there is only one possibility: to competently defend your rights in court. Almost every article of punishment provides for a different type of punishment: there may be a fine, deprivation or other penalty.
It is in the defendant’s interests to find arguments to reduce the punishment and replace deprivation of rights with a fine. The driver will need to carefully prepare, seek help from a specialized lawyer, and build a plan for his defense. If the court can be convinced, the driver’s license will be taken away for a shorter period or the penalty will be replaced.
When can you take a traffic test?
You can take the exam after completing half the term, in any convenient department. MREOs that accept exams are listed on the traffic police website.
You should familiarize yourself with the work schedule of the departments, since sometimes exams are taken from individuals by appointment via the Internet on the Public Services portal.
The examination department will require the completion of a standard application in the prescribed form and the submission of documents. After which the citizen is assigned a day and time for verification.
When applying, you must pay off all existing debts, after which you will be granted permission to take the exam. If two attempts are unsuccessful, then the third and all subsequent attempts will be scheduled in a month.
It is recommended to carefully prepare for the exam, since even with considerable practice, there are rarely used rules, a person forgets about them. The check is complex and includes questions on road safety.
Many questions are not directly included in the traffic rules, so preparation for testing is mandatory.
To test your knowledge, you will only need an application and a passport; in some cases, they may require confirmation that half the term has already passed. This requirement is possible when the database is unavailable.
If the test is passed successfully, the result is entered into the traffic police database; if a retake is necessary, the driver is given a new deadline. The exam is taken at an automated workstation, as in a regular theoretical exam.
The test lasts 20 minutes, the driver answers 20 questions, each of which offers possible answers. Testing is carried out in the following areas:
- traffic rules;
- security;
- legal framework;
- safe management;
- providing assistance to victims.
If a total of three mistakes were made, the driver is considered to have failed the test. At the end, the inspector draws up a protocol and enters the results of the person being inspected, and the driver signs.
How to get your license back after deprivation
Source: http://alljus.ru/avtoyurist/vernut-prava-posle-lisheniya-2018.html
How to urgently return your license after deprivation in 2018
Let's try to understand all the stages of returning rights after their deprivation in 2017-2018.
Let us recall that at the beginning of autumn last year, amendments were added to the Code of Administrative Offenses of the Russian Federation, which added a number of changes to the process of returning a driver’s license.
The format for confiscating a driver’s license has also changed; now a traffic police officer cannot pick them up right on the road. The driver will have the opportunity to use his license immediately before the trial.
If you do not agree with the court's decision, you have up to 10 days from the date of the verdict to appeal the verdict.
What needs to be done after deprivation of rights?
If the court's decision is not contested, within three days after the verdict is passed, you must surrender your driver's license to the traffic police department where the court's decision was executed.
Let us remind you that if you have a temporary permit to drive a car, it will also be handed over along with your license. Some motorists try to use it instead of a seized license, which risks prolonging the period for which the driver was deprived of his license.
The countdown of the date of deprivation of your rights will begin after you submit the documents to the mentioned service, and in court you receive a copy of the relevant decision. Completion of all paperwork will be the start date of your period as a pedestrian.
Where and how to return a driver's license?
An application for the return of rights must be submitted one month before the end of the penalty period. You must write the appropriate paper at the traffic police department where you passed your license. Don't forget to indicate which region and division you want to send your ID to.
Be prepared for the fact that you will have to confirm your knowledge of traffic rules theory. This point in restoring your driver's license will be mandatory if you have been deprived of your license for drunkenness.
List of documents for restoration of rights:
- Identification
- Document on handing over the license to the inspector
- Copy of the court order
How to return your license early after deprivation in 2018?
The latest list of changes in the Code of Administrative Offenses will help answer this question. Those who have demonstrated exemplary behavior will be able to return their rights early in 2018.
It is noteworthy that within the framework of the new amendments to the mentioned bill, the essence of the exemplary behavior of the violator is not clearly expressed.
Therefore, the decision on the possible early return of a driver’s license is made based on the following data:
- No violations of the law during the sentence
- Documents confirming payment of all fines
- Documents that indicate compensation for damage caused
Source: http://SudovNet.ru/avtoyurist/vernut-prava-posle-lisheniya-2016/
Early return of driving license for drunkenness: myths and reality
The national tradition of “celebrating” all events in the lives of relatives, friends, work colleagues, and even one’s own, leads to the fact that the main reasons for the confiscation of a driver’s license are: driving while intoxicated, or as they say, drunkenness.
For this reason, for most motorists, the question of how to return a driver’s license early for drunkenness becomes very relevant.
Everything is like in a fairy tale
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In most Russian fairy tales, the young man faced a difficult choice as to which of three roads to take. The modern hero, deprived of his driver's license for drunkenness, also has to choose one of the ways to resolve the issue.
So, you have to choose between:
- wait until the expiration date of your driver’s license and obtain it legally;
- appeal the decision to deprive a driver’s license in court;
- to finally believe that getting your license back early for drinking is only possible in a fairy tale.
Some motorists have heard about a new law, according to which it is possible to return a driver's license early. Let's look into this issue.
Firstly, this is only a draft law. It has not yet been accepted and is being actively refined.
Secondly, the bill already has an article that it is impossible to return the licenses early to drivers who were:
- deprived of license for driving under the influence of alcohol and drugs;
- refused medical examination;
- were previously deprived of their rights.
Thus, even after the adoption of the law on the early return of a driver’s license, there will be no chance of returning a license for drunkenness. Remember that the actions of the people you contact through the ad are not legal. Everyone decides for themselves whether to break the law or not.
We strongly advise against making your situation worse. You should pay attention to the remaining and real ways to return your driver's license.
Getting ready for trial
Let us remind you that only a court can deprive a car owner of a driver’s license. The traffic police officer who stopped you and drew up a report on an administrative violation - driving while intoxicated (Article 12.8.
1 Code of Administrative Offenses), as well as a package of necessary documents: protocol on removal from driving a vehicle; act of examination of the state of intoxication; the result of the study for this act; The protocol on referral for a medical examination sent the case to court.
The judge reviewed the case materials and set a trial date. It would be a fundamentally wrong decision to miss court hearings without good reason. The judge may consider the case without you and make a decision on it that will clearly not be in your favor.
The best solution would be to build the right line of defense and come to the court hearing. You can hire a lawyer to defend you or defend yourself. The main thing is to know how.
You should always remember that a car owner can be deprived of his driver’s license for drunk driving solely based on the results of the examination. If the examination was not carried out at all, the court will not deprive you of your rights. If the examination was carried out with violations, then your chances of remaining with your license are quite high.
Thus, you need to remember the entire examination process and draw the judge’s attention to the mistakes made: the absence of two witnesses, or the absence of their signatures in the document, the use of an uncertified breathalyzer, the discrepancy between the breathalyzer data specified in the protocol and on the paper check that he issues, etc. d.
By drawing the judge's attention to all the inaccuracies we have listed and other inaccuracies, you will be able to exclude individual documents from the evidence in the case and thereby scatter the evidence base. In addition, he will see that the case was conducted by traffic police officers with violations and will not deprive you of your rights or, in extreme cases, deprivation of your license will not be for the maximum period provided by law.
Rights return procedure
First, you need to calculate the expiration of the period of deprivation of a driver's license using the formula: date of the court decision + 11 days + the period of deprivation of rights imposed by the court. Why 11 days? You are given 10 days to appeal the court's decision, and on the next 11th day the countdown of the sentence adopted by the court begins.
30 calendar days before the calculated date, you need to submit a written application to the traffic police department where the driver's document was submitted. To get your driver's license back, you will need to pass a test on your knowledge of traffic rules and be sure to obtain a medical certificate confirming your ability to drive a car.
If it so happens that you have changed your place of residence, then you need to send an application by mail to the police department where your license was handed over. In the text of the application itself, ask to send the document to the traffic police of the region of your current residence.
Testing for knowledge of traffic rules
You can take a test on your knowledge of traffic rules only after half the term of the sanctions chosen by the court has passed. If the court deprived you of your license for a year and a half, then you can take the exam only after 9 months. The testing itself is carried out in the examination department of the traffic police.
The exam will be different from the one you took to obtain your first driver's license. Issues related to fines and medical assistance are excluded from tickets. There are only tests for knowledge of traffic rules.
There is one “but” that you should know about in advance. Traffic police officers will issue you exam tickets for a higher category of driving. For example: you have an aircraft category license, which will be returned to you, and the tickets will be for the CD category.
If the driver does not pass the exam, he can come again, but not earlier than seven calendar days. The number of attempts is unlimited.
A motorist can undergo free testing until he receives a positive result. After all, without a document that the traffic knowledge test has been passed, the driver will not be able to restore his license.
Package of documents for obtaining withdrawn rights
You can return your driver's license only if you have the following package of documents:
- Russian passport or other identity document. For men, this is a military ID;
- a copy of the court order depriving you of your driver's license;
- a document confirming passing the traffic rules knowledge exam;
- medical certificate with a recent date of issue;
- certificate of transfer of rights to the traffic police archive.
Your documents will be verified and if everything is in order, the ID will be taken from the archive. According to current practice, it is possible to return a document to a motorist after deprivation only when there is no debt on fines. If you pay your fines on time, you will be able to return home with your driver’s license on the day you submit your documents.
Bottom line
In conclusion, I would like to say that it is impossible to legally return rights confiscated by a court decision for driving a vehicle while drunk. They can be returned only at the end of the sentence.
The car enthusiast needs:
- after half the period of deprivation of the license has passed, pass a theoretical exam on knowledge of traffic rules at the traffic police;
- pass a medical examination and receive a certificate confirming the ability to drive a vehicle;
- one month before the end of the sanction, go to the police and write an application for the issuance of a license;
- come on the day the sentence ends with a package of documents.
Only after going through all the steps listed above will you be able to restore your temporarily lost status as a car driver.
We wish you good luck and do not fall for the tricks of scammers!
Source: http://detepe.ru/deprivation/prava-dosrochno.html