Return of a driver's license in Moscow, return to the traffic police, return in court

Reasons why a driver's license is taken away

Drivers are deprived of their licenses for particularly serious violations of traffic rules. The Code of Administrative Offenses of the Russian Federation contains a number of reasons why a person driving a vehicle may be left without a driver’s license:

driving a vehicle that does not have registration plates or is equipped with illegal devices (special service signs, flashing lights, etc.);
driving while intoxicated;
refusal of the medical examination procedure;
speeding (more than 60 km/h);
driving into oncoming traffic;
refusal to grant special vehicles with sound signals turned on the right of way;
transportation of goods with gross violations;
leaving the scene of a traffic accident;
committing an accident where there are victims.

Procedure for revoking a driver's license

The decision to deprive an offender of a driver’s license is made by the court. Traffic police officers only prepare and submit all the necessary materials: a protocol on an administrative offense, a detailed diagram of the accident that occurred, the results of an examination for the content of alcohol or other illegal drugs in the driver’s blood, and other documents indicating the fact of the offense.

Note!
Inspectors do not have the power to revoke rights at the scene of an offense. The guilt of the driver is determined only by the court.

If a person is intoxicated, the driving license may be confiscated, and a temporary permit is issued in return, which is valid until the court hearing. If the person is found innocent, the license is returned.

Is it possible to get my driver's license back before the expiration date?

Lawyer Antonov A.P.

A driver's license can be returned ahead of schedule by appealing a judicial act on deprivation of the right to drive vehicles that has entered into legal force. Some administrative offenses are punishable by deprivation of the right to drive vehicles. Such deprivation occurs on the basis of a judge’s decision by confiscating and storing a driver’s license (hereinafter referred to as the driver’s license) during the period of deprivation of the right (Chapter 12, Part 1 of Article 23.1, Part 1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation). The law does not provide for the possibility of early return of the driving license, however, the decision to deprive the right to drive vehicles can be appealed (Chapter 30 of the Code of Administrative Offenses of the Russian Federation).

The procedure for appealing a decision to deprive a driver's license You can file a complaint against a decision in a case of an administrative offense within ten days from the date of delivery or receipt of a copy of the decision. If the deadline is missed, then at the request of the person filing the complaint, it can be restored (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). A complaint against a decision in a case of an administrative offense is filed with a higher court (clause 1, part 1, article 30.1 of the Code of Administrative Offenses of the Russian Federation). The following must be attached to the complaint: 1) a copy of the decision on deprivation of the right to drive vehicles; 2) documents related to the administrative offense (a diagram of the accident, a certificate of the accident, photographs of the position of the car and traces of the accident, etc.); 3) a request to restore the period for appeal (if necessary); 4) power of attorney to represent your interests, if a representative acts on your behalf. Based on the results of consideration of the complaint, the court may make one of the following decisions (Part 2 of Article 30.17 of the Code of Administrative Offenses of the Russian Federation): leave the decision on deprivation of the right to drive vehicles unchanged; change the decision in a case of an administrative offense if the driver’s situation does not worsen (for example, replace the deprivation of rights with a fine); cancel the decision and send the case for a new consideration (the result of a re-examination of the case may be the issuance of a decision to terminate proceedings in the case or to impose another penalty that does not involve deprivation of rights); cancel the decision (for example, in the absence of an offense). Thus, the court can make a decision to cancel or change the court decision, and the driver has the opportunity to return the driving license before the expiration of the period of deprivation of the right. The period for consideration of the complaint by the court should not exceed two months from the date of receipt of the materials by the court (Part 1.1 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

The procedure for returning a driver's license, if the court has canceled or changed the decision to deprive a driver's license, the driver's license is returned to the traffic police department where it was handed over on the day of application. The driving license can also be returned to another traffic police department if, no later than 30 days before the end of the period of deprivation of the right to drive vehicles, a statement indicating the name of the traffic police department to which the driving license must be sent is submitted to the traffic police department at the place of execution of the court decision in the case of an administrative offense. The application can be submitted in writing on paper or in the form of an electronic document (clause 6 of the Rules, approved by Decree of the Government of the Russian Federation of November 14, 2014 N 1191). To obtain a driver's license, you must present: a court decision canceling the deprivation of a driver's license; passport or other identification document (clause 2 of the Rules). In this case, there is no need to pass a theoretical exam, present a medical certificate or pay any fines. During the period of consideration of a complaint against judicial acts that have entered into legal force, the driver has no right to drive a vehicle.

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How to get your rights back

You can return your license only to the department of the State Traffic Inspectorate that carried out the decision. The following procedure is provided:

Submitting an application requesting the return of the certificate. It can be sent either in writing or electronically.
Collection of necessary documents. It is possible to pick up a driver's license upon presentation of a passport, a copy of the court decision on deprivation of rights, or a certificate from a medical institution.
Repayment of all existing fines.
Passing the driving theory exam. If you fail to pass the first time, a second attempt is possible in a week. The exam can be taken multiple times, but the interval between attempts will increase.

What to do if your license is taken away in another city

If the offense was committed in another city, then the decision on deprivation of rights is made by the court of that locality, and the driving license is handed over to the department of the State Traffic Inspectorate, which recorded the fact of the offense. In this case, the document can be returned in the following ways:

go to the State Traffic Inspectorate unit where the license is stored;
contact the State Traffic Inspectorate at your place of residence, and they will send a request to the department where your driving license is located. After a short period of time (about 14 days), it will be delivered to your city and you can pick it up.

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.

Help in returning rights

In most cases, traffic police officers do not always correctly classify the degree of guilt of the offender. Timely, qualified assistance from a lawyer can contribute to a favorable outcome of the case. The specialist provides the following services:

thoroughly studies and analyzes the case materials;
helps the offender develop the correct tactics of behavior, which must be followed when explaining with representatives of the traffic police;
urgently goes to the scene of the accident to control the legality of the inspectors’ actions and explain to the driver his rights and responsibilities in this situation;
defends the interests of the principal in court;
finds procedural violations that could affect the final decision of the court. These could be errors in drawing up a protocol or diagram of a traffic accident, violation of the medical examination procedure and many other factors that only a qualified motor vehicle lawyer with extensive experience in handling such cases can understand;
provides assistance in early return of rights;
collects information that can prove the innocence of the principal or mitigate the punishment, for example, replacing deprivation of rights with a fine;
when the court makes a decision to deprive a driver’s license, files an appeal to a higher judicial authority.

Note!
A car lawyer can get involved at any stage of the case and achieve success even in the most difficult situation.

Driver's license return lawyer

Assistance in returning a driver's license after deprivation will allow you to return the driver's license before the deadline and protect the interests of the car owner.

Anyone can become a participant in a traffic conflict. And if in some cases it is enough to pay a fine or compensate for damage, then it is unlikely that you will be able to return your rights after deprivation on your own.

According to statistics, the majority of accidents on the road occur due to the fault of drunk drivers. Returning a driver's license after revocation is a rather complicated procedure that requires the intervention of a professional. Competent specialists with a decent theoretical base and practical experience will be happy to resolve your issue.

Risks of returning rights without the help of a lawyer

The desire to return their rights often pushes people to commit illegal actions that will not help quickly get the document back, but will only aggravate the situation. On the Internet you can find hundreds of offers from companies involved in the return of rights. But all this is illegal, and if fraud is discovered, the driver will face even more serious punishment.

There are two ways to return rights by circumventing the legislative norms of the Russian Federation.

Make a new ID for money. Having paid a substantial amount (about 40 thousand rubles), you acquire a document that has no legal force and does not give the right to drive a vehicle. The deception will be revealed immediately, at the first check of documents by traffic police officers. After all, all information about persons deprived of a driver’s license is contained in a common database. Such actions will be qualified under Art. 327 of the Criminal Code of the Russian Federation. The sanction under this article provides for arrest for up to 6 months or a fine, the amount of which can reach 80 thousand rubles.
Offer a bribe to the State Traffic Inspectorate inspector. The action is completely useless. Firstly, as stated above, all information is contained in a single database, and secondly, the Criminal Code of the Russian Federation qualifies such an unlawful act under Art. 291 (giving a bribe) and provides for up to 2 years of imprisonment or a large fine (up to 500 thousand rubles)

Note!
All illegal actions aimed at returning rights entail criminal liability.

Contact a competent lawyer and he will help you return the document legally. This could be an appeal against the actions of a traffic police officer when drawing up a protocol, filing an appeal, or early return of a document. Sign up for a consultation with our specialist and find out how to get your lost rights back.

Advantages of contacting our company

Our company 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 team 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.