Amnesty for deprivation of driver's licenses for administrative offenses

Amnesty for drivers deprived 2021

As mentioned above, the amnesty for drivers deprived of their license in the current year 2021 does not apply in all cases.

But this list is not a standard. They may ask for some more papers. It depends on the factors of the incident.

At the same time, both are very lucky; if the accident is limited to minor physical harm, then the driver only faces administrative punishment.

In addition, Dmitry Guliyev sent a proposal to the director of the Federal Bailiff Service to suspend the blocking of driver’s licenses for debtors for the duration of measures against the spread of coronavirus. According to the Federal Bailiff Service of Russia, as of February 1, 242 thousand debtors were limited in the use of special rights. For 2021, for drivers deprived of their driving privileges, the law provides 3 conditions for their return.

Perhaps soon such a concept as amnesty will appear in administrative law. But will this help drivers who have lost their driving license for driving while drunk?

The first thing that should be noted is the absurdity of using the abbreviation UDO in relation to amnesty in administrative law. Parole is conditional early release.

So, if you have not paid the fine within the statutory period of 60 days or the grace period (if you received one), then another fine will be imposed on you - already 2 times more than the previous one (but in any case - not less than 1000 rubles). In addition, the perpetrator may receive a punishment of 15 days of administrative arrest or 50 hours of correctional labor.

In the 2021 amnesty bill, representatives of the Human Rights Council introduced a proposal to include drivers who have been deprived of their licenses in the list of pardoned persons.

List of documentation for amnesty

If amnesty for the return of a driver's license occurs in 2021, it is necessary to collect a set of mandatory papers. It is recommended that you first consult with experienced lawyers before taking any action.

The package of documents for restoration of rights after deprivation includes:

identification;
court decision;
an extract on the surrender of the license to the traffic police department;
medical examination document;
confirmation of passing the theoretical exam on traffic rules.

Note!
An important condition for the traffic police amnesty for deprivation of driving license is the absence of existing fines. If the car owner has outstanding fines, then the amnesty procedure for drivers who have been deprived of their rights is not allowed.

Will there be an amnesty in 2021?

So, if a car is stopped and it is discovered that a drunk driver is driving, the mandatory rule of law is a fine that the driver must pay if he wants to drive the car again. Today the fine ranges from 30,000 to 50,000 rubles.

If you ask an ordinary Russian driver what period of validity of a traffic police fine is provided for by law, it turns out that many are informed about the two-year period after which debts become irrelevant. The more savvy even refer to Part 1 of the above-mentioned Article 31.9.

In particularly serious cases, the sanctions described above may be added. Typically, such measures are applied when it comes to repeated violations. Bailiff intervention is also possible. This happens if the amount of fines is high (more than 10 minimum wages). Repeated violators first receive a letter from the bailiff service, which states that their property will be seized in case of non-payment.

This was not unexpected. The Duma constantly makes adjustments to laws that relate to liability for violating traffic rules.

Amnesty for deprivation of rights for drunkenness in 2021

Amnesty implies release from punishment for a crime. The last amnesty held in the Russian Federation was timed to coincide with the 70th anniversary of the Great Victory Day. Then, convicts who had served more than half their sentence and were distinguished by good behavior were released from places of detention.

Driving while intoxicated is one of the most serious offenses a driver can commit. Moreover, responsibility for this violation becomes more serious over time.

This question interests many drivers. And when they come to the traffic police to pick up their driver’s license, a surprise awaits them - there is still a lot of time before the expiration of the deprivation period!

Other situations, when the driver seriously violated traffic rules, caused an accident, and then disappeared, will definitely not be covered by the amnesty for deprivation of a driver’s license.

You can undergo a medical examination anywhere, not necessarily where you are registered. But there is one caveat: you need to go to doctors such as a psychologist and a narcologist at your registered address. The law does not oblige this, but in practice such a condition can be set by traffic police officers. You need to be prepared for this.

Persons subject to administrative amnesty

The return of a driver's license under an amnesty is possible for car owners who:

deprivation of driving license is not related to driving while intoxicated;
the violation of traffic rules did not result in an accident with casualties or serious harm to human health (that is, minor administrative violations);
more than half of the established period for deprivation of the driver's license has passed;
traffic police fines have been paid;
“exemplary behavior of the offender,” but it is not entirely clear what is meant by this.

The list may be supplemented with other items. It depends on the incident itself.

Note!
Amnesty for those deprived of a driver's license is also provided to those who were punished as a result of leaving the scene of an accident. Such circumstances are possible when a driver hits a road sign and then drives away. Other situations, when the car owner seriously violated traffic rules, causing an incident, and then drove away, will not fall under the appropriate group of persons. In this case, the procedure for amnesty or parole for those deprived of a driver's license will be excluded.

Is it possible to get your license back after being deprived of it early on parole?

For a driver who does not have a license or has lost one for some reason, the consequences of drunk driving will be even more serious. In this case, Article 12.8 of the Administrative Code provides for administrative arrest for a period of 10 to 15 days. If this type of punishment cannot be applied to the driver, he will be fined 30,000 rubles. In this case, it is not Alexander, who owns the car, who should be punished for transferring control, but Boris, who directly transferred control to the drunken Vadim.

With the dark time of day everything is more or less clear. But the mention in the text of “low visibility conditions” makes it almost mandatory for the driver to wear a special vest when stopping on the side of the road.

It is established in accordance with Article 12.8 of the Code of Administrative Offenses of the Russian Federation. Why did officials decide to act this way? If we compare the data with the second half of 2021, the number of drunk drivers increased by 11.2%, and this is only those who were literally caught by the hand.

Amnesty for owners deprived of rights

Amnesty in 2021 is not possible for everyone:

only for those drivers who did not cause any injury or cause the death of a passenger or third party, or who did not cause damage to another car.

Amnesty in 2021 and 2021 – conditions

As mentioned above, the amnesty for drivers deprived of their license in the current year 2021 does not apply in all cases.

Below we will consider cases when a driver can count on a so-called pardon:

1. the driver was deprived of his license when he was drunk; 2. no one was injured or killed in the accident; 3. other people’s property was not damaged; 4. half of the deadline has passed; 5. there are no unpaid fines; 6. good behavior - a guarantee of amnesty for drivers who have been deprived of their license.

Repeated driving while intoxicated

Therefore, a large-scale revision of the Code of Administrative Offenses is currently underway: the part concerning the responsibility of vehicle owners is being modified.

A driver stopped again will not be able to get away with deprivation of his license for alcohol intoxication: criminal liability for persons who have ever been charged under Article 28.1 of the Code of Administrative Offenses is inevitable.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

The first thing you need to do in order to get your driver's license back after it has been revoked in 2021 is to pay traffic fines.

Let me remind you that a repeated violation is committed within 1 year from the end of the previous period of deprivation. In this case, the date the license was returned to the driver is important.

In addition, as sanctions under Article 264.1 of the Criminal Code of the Russian Federation, forced public works are provided for up to 2 years. You can go to prison and receive a real sentence (up to 3 years).

If the driver was granted an amnesty, but soon committed a similar offense to the previous one, then the driver’s license will be taken away again, and the term will increase depending on the severity of the consequences. The possibility of deprivation of rights for drunk driving is present in Article 12.8 of the Code of Administrative Offenses of the Russian Federation (CAO RF). As noted above, the basis for prosecution under this article is the presence of more than 0.16 ppm of ethyl alcohol in the driver’s body.

Amnesty for drunk drivers

Despite the fact that Russia has never practiced amnesty for drivers deprived of driving privileges, the attitude in society towards such an event is very negative.

The traffic police and law enforcement officers themselves do not consider the amnesty for deprivation of rights for alcohol intoxication in 2021 to be a correct and justified measure.

This attitude is due to the fact that irresponsible drivers are subject to punishment in the form of deprivation of a driver’s license for a period of one and a half to two years. Their presence on the road poses a potential threat to other motorists and pedestrians in particular.

In any case, no official decree of the President of the Russian Federation has been adopted to include drunk drivers in the list of amnestied citizens.

As a result, it can be assumed that in 2021 the licenses of motorists deprived of them for drunk driving will not be returned ahead of schedule. In the latest news, there has been no information about an amnesty for motorists for a long time.

Driving while intoxicated

Russian President Vladimir Putin recently spoke positively about the proposal of human rights activists to grant amnesty to some prisoners. At the same time, the head of state urged not to rush into this decision, but to work it out most carefully.

A driver, if caught under the influence of alcohol, will have to pay a fine, which ranges from thirty thousand rubles to fifty thousand rubles. But even after paying the fine, the driver will still be deprived of his driver’s license in 2021 for drunkenness from one and a half to two years. It depends on all the factors that were established in the accident. Discounts are out of the question in this situation.

Punishment in the form of prosecution under Article 264.1 of the Criminal Code of the Russian Federation will occur even if the driver, after his first offense, did not drive for the entire 1.5-2 years while he was deprived of his license.

Decision making authority

The decision to hold an amnesty in the Russian Federation is made by the State Duma (Article 103 of the Constitution) in the form of a Resolution, and the rules of law for this document are substantiated in Article 84 of the Criminal Code of the Russian Federation.

After the adoption of the main act (decision on amnesty), the following are additionally developed:

the procedure for applying the laws established by the Resolution;
a list of persons in relation to whom this right can be exercised;
clarifications regarding the application of certain provisions of the document.

The possibility of applying an amnesty in relation to a specific person may be determined by:

the authorities that conducted the preliminary investigation of the offense committed;
district prosecutor's office (city, region);
court (only in controversial situations).

Punishment in the form of deprivation of a driver's license in the Russian Federation is imposed by the judicial authorities after a preliminary investigation conducted:

by traffic police officers, if the offense committed does not fall within the competence of criminal law, that is, in the absence of victims who suffered serious harm to health or death;
Ministry of Internal Affairs, if people were injured or died as a result of driving while intoxicated.

Based on these rules, it can be established that the decision on the possibility of applying an amnesty to a specific person convicted of using alcoholic beverages/drugs before or during the operation of motor vehicles is determined by:

special department of the traffic police (administrative violation of the law);
prosecutor's office (criminal violation).

Once a decision has been made to grant amnesty to an individual, the following measures may be taken:

complete exemption from administrative liability, that is, return of rights. This decision is usually applied to persons convicted of drunk driving for the first time;
release from further punishment. Applies to persons whose sentence has expired by more than half;
reduction of the period set by the court when making a decision;
replacing punishment in the form of deprivation of rights with a fine;
exemption from punishment imposed by the court as an additional one, for example, the return of the opportunity to engage in a certain type of activity after the imposed restriction.

If an amnesty decision has been made against a certain person, then in order to return the driver’s license it is necessary to contact the relevant authorities and provide a package of documents specified by law.

Documentation

What documents will you need to collect? To obtain rights after deprivation you must:

civil passport, as the main document that confirms the identity of a certain person;
a protocol on an administrative offense and a court decision, as documents on the basis of which a person was brought to justice and sentenced to deprivation of rights. Only the originals of these documents are provided to law enforcement agencies;

a document that was issued at the traffic police department after surrendering the license for safekeeping. The period of deprivation of rights begins to be calculated after the driver submits the document to the relevant traffic police department. When handing over a license, the driver must draw up a written application, indicating the full name, details of the passport and driver’s license, the reason for handing over the document, and the date of the transaction;

a certificate confirming the completion of a medical examination. According to current legislation, the document is issued in specialized medical institutions that have the appropriate license after undergoing an examination by specialists, including a narcologist and a psychiatrist. The document is valid for 2 years (in some cases, for example, due to age restrictions, the period can be reduced to 1 year);

exam card with a mark on passing the theoretical part of the exam. The main requirement for issuing a driver's license after punishment in the form of deprivation of the document is to re-pass the theoretical exam, which takes place at the traffic police. During the exam, you must answer 20 questions on 1 ticket selected by a computer.

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The exam is considered successfully passed if there are no more than 2 errors on the ticket and correct answers to 10 additional questions are given (5 questions for each error).

The specified list of documents is mandatory in any situation. However, at the request of a law enforcement officer, this list may be supplemented with other documents.

Where to submit

The issuance of a driver’s license after deprivation, including under an amnesty, is carried out by the examination unit of the State Traffic Inspectorate at the driver’s place of residence, that is, the unit to which the document was submitted after the court decision.

Return procedure

The procedure for obtaining rights after deprivation, both after the expiration of the period assigned for committing a violation, and under an amnesty, is quite lengthy and can be completed within 1 - 2 days.

To return your driver's license you must:

Pass a medical examination in advance at any licensed institution and obtain a medical certificate confirming your permission to drive motor vehicles.
Submit a written application to the traffic police department for the return of your license. It is more advisable to submit the document 20–30 days before the expiration of the appointed period. Only in this situation will it be possible to receive the document on the appointed day. The application must indicate:
Full name, date, place of birth, residential address of the applicant;
passport data and data of a previously submitted driver’s license (number, series, date of issue);
list of documents attached to the application (copy of passport, application for surrender, medical certificate).
After reviewing the application and checking the accuracy of the information specified in the document, the driver will be assigned a date for passing the theoretical exam.
If you fail to pass the exam the first time, then re-examination is possible only after 7 days.
During the examination period, it is necessary to pay all traffic police fines (if there is such a debt), since the presence of at least one unpaid fine will be an obstacle to obtaining the document.
After passing the exam and providing all documents, a date will be set for receiving the certificate. Obtaining a driver's license is carried out exclusively in the personal presence of the driver. In accordance with the regulations, 30–40 minutes are allotted for this procedure.

Some citizens have a negative attitude towards any amnesties, including the return of rights after deprivation of a vehicle for driving while intoxicated.

According to statistical data, after the 2021 amnesty, the number of drivers caught by traffic police officers while drunk and accidents involving “drunk” drivers increased depending on the population in the cities of the Russian Federation within the range of 25% - 46%.

Amnesty for those deprived of a driver's license

This initiative was made by a member of the Chamber of Young Legislators under the Federation Council, Dmitry Guliyev. A corresponding proposal has been sent to the State Duma. At the same time, he emphasizes that those who were demoted to pedestrians for alcohol-related violations, speeding or some kind of repeated driving offenses should not be eligible for amnesty.

Their activities are based on the fact that the state. Employees, when drawing up a protocol, medical examination, and even conducting the case in court, make a number of mistakes. And they cannot help but be mistaken, since there are millions of caught drunk driving in Russia. For transferring control to a person in a state of intoxication, not only the owner of the car, but also another driver who directly transferred control to the drunk can be punished.

What is amnesty, what kind it is - more about it

Amnesty happens:

full - releases citizens under a certain article;
partial - only groups of specific people fall under it.

The amnesty for deprivation of rights applies to women who have minor children, minors themselves, and persons whose offenses are assessed as moderate/mild gravity. This category also includes those who took part in hostilities, over a certain age, and disabled people. Usually, the traffic police amnesty is timed to coincide with some holiday, for example, Victory Day.

It is worth noting that early release from punishment does not mean rehabilitation of the offender before society. The point is not that his guilt, as well as the validity of the court’s decision, is called into question. A citizen to whom an amnesty has been applied for deprivation of a driver’s license remains a violator of traffic rules, but has fully atoned for his guilt. If we talk about people who were wrongly convicted, they can receive compensation from the state. But amnestied people are not exempt from claims directed at them by third parties. The decision to pardon cannot be challenged or reversed; it is final.

Attention! People have different attitudes towards such decisions. Many believe that releasing criminals from punishment provokes an increase in the number of offenses on the road. But supporters of such a measure believe that this is a manifestation of the humanism of modern society.