Is it possible to get your license back early for drinking?

The procedure for obtaining rights after deprivation

The procedure for returning the driver's license upon expiration of the punishment period occurs in several stages. Initially, the driver must collect all the necessary papers and submit them to the relevant authorities. After this, he will be assigned a second exam at a driving school, based on the results of which the traffic police officers will make a verdict: to give the person his certificate or not.

If there are no problems with knowledge of traffic rules, then the driver will be able to receive his license after deprivation only a few days after paying the single state fee. At the same time, he will additionally be assigned a mandatory medical examination, where the doctor can decide to register the citizen with drug treatment (in the event of revocation of his license for driving while intoxicated). Such a note on the certificate will significantly complicate the procedure for returning the driver's license.

Where to contact

Rights should be taken away at the end of the period of deprivation at the traffic police department to which they were sent by court decision. To do this, the driver just needs to write a corresponding application and attach a package of prepared documents to it. But you need to go for your crust strictly after:

• Repeated passing of the theoretical exam at a driving school (for pedestrians who have lost their driving license as a result of a serious violation, special tickets are issued that do not contain questions on medical, psychological and legal topics);
• Passing a medical examination (the list of doctors remains the same as during the initial driving test).

In other cases, traffic police officers will have every right to refuse a citizen’s application.

At the same time, if a person has moved to another city or region, and he is physically unable to pick up his document at the established office, he can contact the local traffic police department with a written request to forward the document. On average, this process takes about one week. Depending on the distance between government agencies, this period may significantly increase or decrease.

Required documents

When the driver goes through all the necessary authorities (driving school and hospital), he only has one step left before his license is restored after deprivation: submit a package of documents for consideration by the traffic police. This list includes the following:

• An application drawn up in accordance with a single form (in addition to the offender’s full name, it also indicates his passport details, including his place of registration);
• Conclusion of a full medical examination (you can find out the list of doctors for examination at the reception desk);
• A copy of the court decision, which indicates information about the timing and reason for deprivation of the driver's license;
• Protocol on the voluntary transfer of a driver’s license to traffic police officers (drawn up at the scene of the violation);
• Receipt of payment of the mandatory duty;
• Checks evidencing coverage of fines (if the driver was deprived of his license as a result of evading the payment of alimony, a certificate of repayment of the mentioned debt is added to the listed list of documents);
• A copy of the applicant's passport (only the front side with the photo and the registration page are required).

This list of documents is approved by the law of the Russian Federation, and government officials have no right to demand more from a citizen. Otherwise, a complaint can be filed against them.

Exam on traffic rules theory

Restoration of rights after deprivation occurs with a second retake of the theory. But such a test will differ significantly from the primary exam. And this will be expressed in the following factors:

• No mandatory fees;
• Method of registering the result (according to the rules, if a driver passes the test for the first time, he is given a special certificate. But in cases of retaking after deprivation of his license, the fact of re-passing the traffic rules theory is directly entered into the electronic MREO database);
• Reduced period between passing exams (if a citizen fails the test, he will be able to try again after a week, and not after 14 days, as happens with the initial test).

In this case, the theory can be retaken after half the sentence has expired. Most drivers go through this procedure at the same time as submitting an application for reinstatement of their driving license.

Medical commission

Another mandatory document used to restore rights after deprivation is a medical certificate, which can be obtained at any clinic. To do this, just take your passport with you and ask for the appropriate direction at the reception. From the entire list of doctors, the driver will only need to go through:

• Narcologist (it is especially important for drivers caught driving while intoxicated to have his signature);
• Psychiatrist (required in cases where a motorist has lost his driving license as a result of driving under the influence of drugs, and is currently registered);
• Ophthalmologist;
• A therapist (by his decision, the offender may be sent for additional tests and examinations).

If the listed specialists do not find any deviations, the citizen will be issued a new medical certificate, which must be attached to the prepared package of documents.

Payment of fines

According to the legislation of the Russian Federation, the return of rights after deprivation should occur only if the violator pays all administrative fines imposed on him from the period of receiving the driver's license. But in fact, the inspector is obliged to return the driver’s license, even if there is no information about payment of fines in the database. True, for this, a person must provide the appropriate receipts, which can be obtained from a bank or printed at home (in the case of payment online, through the government services portal).

Is it possible to get your license back early for drunk driving?

Many drivers who have been punished for driving while intoxicated are interested in the question of how to return their license early in 2021.

It should be noted that the new legislation does not provide for this.

At the moment, there are the following circumstances as a result of which a driver’s license may be revoked:

• ignoring a traffic police officer’s request to undergo a medical examination;
• A case of driving while intoxicated was recorded by a traffic police inspector.

However, there is a possibility that a new law may come into force, thanks to which at-fault drivers will be able to get their driver's license back sooner.

To do this, the driver will need to meet several criteria:

• the simplest condition is good behavior during the period of deprivation of rights;
• if the offender has fully repaid all necessary payments to the injured party (moral and material damage);
• there is also the possibility of obtaining early license if 50% of the deprivation period has passed;
• if the offender has paid all fines.

Regarding the first point, the State Duma deputies had discussions, since nowhere is it stated what exactly constitutes good behavior. Moreover, there is not a word about this in the legislation.

For example, the absence of reports to the Police can be considered good behavior. However, it is worth considering that this rule will not apply to all offenders.

Exceptions:

• if the driver was previously deprived of a driver’s license under this or another article;
• if the driver refused to undergo a medical examination at the place where the vehicle was stopped by a traffic police officer;
• if the driver was driving a vehicle under the influence of drugs or alcohol.

How to get your license back after being revoked for drunkenness? How to drive a car if your license has been revoked, read here.

Find out about re-deprivation of your license for drunk driving at the following link:

If offending drivers are interested in whether it is possible to early return a license that was confiscated for driving while intoxicated, it should be clarified that this is not possible.

However, if a person meets all the above conditions, he has the opportunity to apply for parole (parole) return.

Early recovery

Many motorists are wondering whether it is possible to take back their license after deprivation before the full expiration of the sentence? The answer to this will be unequivocal: it will not be possible to return your driver’s license ahead of schedule for the following reasons:

• If the court has already decided to confiscate a driver’s license from a citizen (for a serious accident or for drunk driving), then it is not possible to stop this mechanism, since according to the law of the Russian Federation, judicial authorities do not have the right to cancel their own decisions;
• Traffic police inspectors will not, under any pretext, give the violator his ticket until the period of his punishment ends. Otherwise, for the early return of documents, contrary to a court decision, traffic police officers may receive a sentence of imprisonment.

We can conclude that the procedure for restoring rights after deprivation is not so complicated. The main thing is to know who to contact and what papers to prepare in advance. And after what time you can submit an application to the traffic police, the judicial authority determines. And no one can influence this decision.

How to get your driver's license back early after being revoked

Drivers who have been deprived of their license may have a chance to have their license returned early after possible changes in the legislation on administrative offenses.

It will be possible to return your license ahead of schedule for exemplary behavior. However, the law lacks a concept of what behavior is considered exemplary.

The decision remains with the judge considering the driver's petition. And since there are no clear criteria, the decision is based on arguments such as:

It will become permissible to return rights after deprivation no earlier than half of the punishment has expired. However, it will not be possible to shorten the period if:

• repeated traffic violations;
• imprisonment for driving while drunk;
• driver's refusal to undergo a medical examination.

If the court decides to return the license early, the driver will need to retake the traffic rules theory.

However, there are no legal restrictions on the number of transmission attempts. Is it possible to return your license early after deprivation in 2021?

Until the bill under discussion is finally adopted, the only chance not to lose rights is a corresponding court decision. That is, you need to prove your innocence in court or appeal the court decision.

Terms of punishment

For how long can a driver be deprived of the right to drive a vehicle? It all depends on the relevant basis:

Thus, the minimum period of deprivation of rights is one month. A maximum of three years can be deprived of rights.

The countdown of the sentence begins from the moment the appeal period expires. That is, ten days must pass from the date of the court decision, during which the driver can challenge the verdict.

It is also necessary to take into account such a nuance as the driver receiving a court order. If the driver was present at the court hearing, then there are no problems.

If the driver fails to appear, the decision is sent to him by registered mail.

The countdown of the sentence will begin ten days after the recipient signs for acceptance of the registered letter with the decision.

Some “cunning” drivers, knowing about the described nuance with registered mail, try to avoid accepting it.

They hope that this will delay the entry into force of the court ruling. But an unaccepted letter will be returned to the sender and will be considered accepted, which means that the punishment period will begin to count down.

When the driver decided to appeal the court ruling, but the sentence remained unchanged, then there is no longer talk of ten days.

Immediately after the decision is made when appealing the decision, the penalty period begins. The complaint form can be downloaded here.

According to Art. 32.7 of the Code of Administrative Offenses, the driver must surrender his driver’s license to the traffic police within three days from the start of the sentence.

If this is not done on time, the sentence will be increased by the period of delay.

Drivers who have not passed the driving license after deprivation of their license, if detained by traffic police officers, will be punished not only by the prescribed period of deprivation.

They also face liability under Part 2 of Art. 12.7 Code of Administrative Offences. It is also important that the terms of punishment for deprivation of rights can be summed up indefinitely.

That is, in case of early return of rights and repeated violation, the sentence may be more than three years.

Some persistent violators, due to the summation of terms, may be deprived of their rights for ten or more years.

Another aspect is the absence of a statute of limitations for deprivation of rights. No matter how hard the driver tries to avoid punishment, the period of deprivation will be counted only after the driver has submitted the driving license to the traffic police.

And the driver himself will hand over his license or wait until he is detained by traffic police officers, this is a different question.

Who provides assistance

Many Russian drivers believe that if there is a violation of traffic rules under certain articles and a protocol is drawn up, then you can say goodbye to your license.

But that's not true. Only a court can deprive a person of rights, and if there are compelling arguments, punishment can be avoided.

Firstly, the court has only two months to make a decision. If a court decision is not made within the prescribed period, then it subsequently has no legal force.

Although it is practically impossible to delay the court hearing. It can be proven in court that the data was falsified by traffic police officers.

As confirmation, you can attract witnesses or prove that the witnesses from the traffic police are fake. Perhaps the traffic police representative did not draw up the protocol correctly.

Indication of the wrong article, exclusion of certain circumstances, incorrect spelling of dates and driver data - all these are grounds for challenging the protocol.

And if there is no protocol, there is no violation. If you fail to prove your innocence in court, there is one more chance.

You can try to appeal the court decision. It is difficult for an ordinary driver to take into account all possible nuances on his own.

Therefore, it is best to turn to professional lawyers who can identify the smallest violations of the law and discrepancies in the case.

Video: You can return your rights early

How to return your license early after deprivation? The price of the issue depends on the experience of the lawyer. The average cost of such a service is ten thousand rubles.

When a lawyer manages to appeal the verdict, then with the resulting decision, you can withdraw your license from the traffic police ahead of schedule without retaking the traffic rules theory.

How the procedure works

How is the return of rights carried out if such deprivation has taken place? The process is described in detail in Government Decree No. 1191 of November 14, 2014.

A person who wants to return his license applies to the traffic police with the appropriate application and necessary documents.

Here a citizen takes an exam on knowledge of traffic rules theory. If the exam is not passed, then a second attempt is allowed no earlier than seven days later. And so on until the exam is successfully passed.

According to clause 9 of Resolution No. 1191, when rights become invalid during the period of deprivation, they are returned in accordance with the initial registration procedure.

That is, this means passing exams, submitting the required package of documents, and paying state fees.

Illegal ways

Not all drivers are ready to give up driving a vehicle after losing their license. And often the rights are simply “purchased.”

Especially against the backdrop of a limited period for appealing a decision, the problem of how to return rights early after deprivation, and the deadline has passed, is relevant.

It is possible that the method of “purchasing” a license may take place, but only until the driver is stopped for a document check or for violating traffic rules.

“Fake” documents are now identified very quickly. It should be taken into account that the traffic police database allows you to check your driver’s license in a matter of minutes.

Sometimes it is possible that traffic police officers offer to return your license for a fee.

In this situation, it seems that the real document is returned. When checking the document, it will not turn out to be fake.

But a thorough check of the database will indicate a corresponding court decision on deprivation of rights. And here the driver will be asked where he got the driver’s license, which he is deprived of.