It is necessary to reduce the terms of deprivation of a driver's license or abandon this punishment altogether

Freedom of movement, new interests and the ability to travel by car - horizons expand with obtaining a driver's license. This is why it is so difficult to come to terms with the deprivation of the right to drive a car, and many, as far as possible, try to reduce the period of deprivation of a driver’s license. Especially if your job involves a car. There is a way out of this difficult situation, and we will describe the solutions in this article.

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Reducing the period of deprivation of a driver's license

All the hopes of car owners who committed serious traffic violations that resulted in the deprivation of the right to drive a car were pinned on the project. Read the bill on the website of the State Duma of the Russian Federation Federal Law N 561521-6 on amendments to the Code of Administrative Offenses of the Russian Federation. It was proposed by members of the Federation Council V.F. Edalov, V.A. Fedorov and State Duma deputy V.I. Lysakov in 2014. At the same time, news appeared about the possibility of reducing the terms of deprivation of a driver's license. In short, the essence of the bill was as follows. Article 4.9 is introduced into the Administrative Code. “Conditional early release from administrative punishment in the form of deprivation of a special right or disqualification.” It provides that positive, well-behaved violators can, after half of the court-defined period of deprivation of a driver’s license, request an amnesty and return their license early. The bill also provided for the abolition of the theoretical exam required for early return of rights if the period of deprivation is up to a year. In addition, the bill provides: if a driver whose license was returned early commits a violation again that involves deprivation of his license, the court will revoke the parole, and the term of the new sentence will be calculated after the full term of the previous deprivation has expired.

According to the developer of the bill, this measure has educational and motivational goals. That is, it motivates to fulfill all the conditions for early return. How to reduce the period of deprivation of a driver's license under the new law:

pay all existing fines for traffic violations;
don't break laws;
compensate the victims for damages (if any);
Additionally, you can provide a reference from work , a guarantee from another law-abiding citizen.

In the explanatory note to the bill, references were made to the existence in Russian legislation of the institution of parole, which is possible for criminal offenses, but not for administrative offenses. In addition, it was indicated that the RSFSR Code of Administrative Offenses had Art. 297, which provided for the possibility of reducing the period of deprivation of a driver’s license in the case of a conscientious attitude to work and exemplary behavior of the offender.

How to legally reduce the period of deprivation of a driver's license

If the court has issued a decision on deprivation of the right to drive vehicles for a certain period, you must appeal it within ten days from the date of issuance.

The appeal is filed through the magistrate's court that issued the judicial act. He will transfer it to the district court for jurisdiction.

Note!
Until the document comes into force, you can drive a car.

The content of the complaint is determined by Article 299 of the Administrative Code. The name of the court, full name and place of residence of the person submitting it are placed in the header of the document. In the main part, you need to indicate the decision being appealed, what is wrong with it, with references to the law, as well as the requirements of the person filing the complaint. Then a list of attached documents is stated, dated and signed.

The complaint is submitted in a number of copies corresponding to the number of persons participating in the case, if they have not previously been transferred to them. The rule of paragraph 7 of Article 299 of the CAS of the Russian Federation allows you to submit it remotely by filling out a form on the court’s website.

The consequences of an appeal hearing may be as follows:

leaving the judicial act unchanged;
changing the penalty, including reducing the period of deprivation of rights;
reversal of a decision on the basis of finding a person not guilty of committing an offense;
if there are procedural violations, the case will be returned for reconsideration.

If the decision of the court of first instance has not undergone changes and has entered into legal force, you can either file a complaint within six months with the cassation court and then to the supervisory instance, or agree with the court’s decision.

Note!
After the appeal ruling is issued, the court decision comes into force and the driver is deprived of the right to drive a car.

The terms for deprivation of a driver's license and the terms for consideration in cassation are such that it is inappropriate to appeal against an act that has entered into legal force: the period of deprivation of the right will expire before the cassation decision is made.

An appeal against a judicial act that has entered into force is justified only in the case of deprivation for a long period - 1.5-2 years - as in the case of driving under the influence of alcohol or drugs under Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

After the court ruling of the first instance enters into legal force, the driver is given 3 days to hand over his driver’s license to a convenient department of the State Traffic Inspectorate. If he does not do this, the beginning of the period of deprivation is postponed until the moment of surrender, but the right to drive transport is suspended immediately.

Note!
Failure to submit the VA on time increases the actual period of deprivation.

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

In the first reading of the draft law on parole, it was proposed to return rights early for any violations in 2021, including when they were revoked for drunkenness while driving a vehicle.

The bill has met with considerable criticism for obvious reasons. In particular, the lack of clear criteria and the vagueness of the wording of the “exemplary” behavior of the offender, which determines the early return of the driving license for drinking alcohol while driving, as well as other violations. As a result, the bill passed the second reading with numerous amendments. In particular, the question of the possibility itself has disappeared - the amendments abolish the possibility of parole. In addition, if the driver did not pass the proposed medical examination or left the scene of an accident, you can also forget about early return under this law. In addition, repeated traffic violations also do not fall under the provisions of the bill.

Information has appeared on some portals that a bill on the early return of a driver’s license after being deprived of it for drunkenness has come into force. But the official text of the law has not been published anywhere , and it is impossible to say for sure what its final version will be. To date, Art. 4.9 on parole never appeared in the Administrative Code.

Therefore, at the moment, the only way to get your rights back is to competently build a line of defense in court. You shouldn't do this yourself. Automotive lawyers often seek to replace the punishment with an alternative to deprivation of rights or to cancel the initial decision on deprivation of rights.

With the adoption of the bill under discussion, it will be possible to help quickly restore the rights of those who are already serving their term of deprivation.

How to return your rights early after deprivation by a court in 2021 - conditions for reducing the period of deprivation

Freedom of movement, new interests and the ability to travel by car - horizons expand with obtaining a driver's license.

This is why it is so difficult to come to terms with the deprivation of the right to drive a car, and many, as far as possible, try to reduce the period of deprivation of a driver’s license. Especially if your job involves a car.

There is a way out of this difficult situation, and we will describe the solutions in this article.

Reducing the period of deprivation of a driver's license

All the hopes of car owners who committed serious traffic violations that resulted in the deprivation of the right to drive a car were pinned on the draft Federal Law N 561521-6 on amendments to the Code of Administrative Offenses of the Russian Federation. It was proposed by members of the Federation Council V.F. Edalov, V.A. Fedorov and State Duma deputy V.I.

Lysakov in 2014. At the same time, news appeared about the possibility of reducing the terms of deprivation of a driver's license. In short, the essence of the bill was as follows. Article 4.9 is introduced into the Administrative Code. “Conditional early release from administrative punishment in the form of deprivation of a special right or disqualification.”

It provides that positive, well-behaved violators can, after half of the court-defined period of deprivation of a driver’s license, request an amnesty and return their license early.

The bill also provided for the abolition of the theoretical exam required for early return of rights if the period of deprivation is up to a year.

In addition, the bill provides: if a driver whose license was returned early commits a violation again that involves deprivation of his license, the court will revoke the parole, and the term of the new sentence will be calculated after the full term of the previous deprivation has expired.

pay all existing fines for traffic violations;
don't break laws;
compensate the victims for damages (if any);
Additionally, you can provide a reference from work , a guarantee from another law-abiding citizen.

In addition, it was indicated that the RSFSR Code of Administrative Offenses had Art.

297, which provided for the possibility of reducing the period of deprivation of a driver’s license in the case of a conscientious attitude to work and exemplary behavior of the offender.

In the first reading of the draft law on parole, it was proposed to return rights early for any violations in 2021, including when they were revoked for drunkenness while driving a vehicle.

As a result, the bill passed the second reading with numerous amendments. In particular, the question of the possibility itself has disappeared - the amendments abolish the possibility of parole. In addition, if the driver did not pass the proposed medical examination or left the scene of an accident, you can also forget about early return under this law.

In addition, repeated traffic violations also do not fall under the provisions of the bill.

With the adoption of the bill under discussion, it will be possible to help quickly restore the rights of those who are already serving their term of deprivation.

Articles of the Administrative Code under which it will be possible to return rights early under the new law

Art. 12.2. clause 2

Driving a vehicle without state registration plates, as well as driving a vehicle without state registration plates installed in designated places, or driving a vehicle with state registration plates modified or equipped with the use of devices or materials that impede the identification of state registration plates or allow them to be modified or hidden , - entails the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of one to three months.

Art. 12.2 clause 4

Driving a vehicle with knowingly false state registration plates - entails deprivation of the right to drive vehicles for a period of six months to one year.

Art. 12.5 clause 3

Driving a vehicle on the front of which are installed lighting devices with red lights or red reflective devices, as well as lighting devices, the color of the lights and the operating mode of which do not comply with the requirements of the Basic Regulations for the admission of a vehicle to operation and the duties of officials to ensure road safety , - entails deprivation of the right to drive a vehicle for a period of six months to one year with confiscation of the specified devices and accessories.

Art. 12.5 clause 4

Driving a vehicle on which devices for sending special light or sound signals (with the exception of security alarms) are installed without appropriate permission - entails deprivation of the right to drive a vehicle for a period of one to one and a half years with confiscation of these devices.

Art. 12.5 clause 5

The use of devices for producing special light or sound signals (with the exception of security alarms) installed without the appropriate permission while driving a vehicle entails deprivation of the right to drive a vehicle for a period of one and a half to two years with confiscation of these devices.

Art. 12.5 clause 6

Driving a vehicle on the outer surfaces of which special color schemes of emergency service vehicles are illegally applied will entail deprivation of the right to drive a vehicle for a period of one to one and a half years.

Art. 12.9 clause 4

Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour - entails the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive a vehicle for a period of four to six months.

Art. 12.9 clause 5

Exceeding the established speed of a vehicle by more than 80 kilometers per hour entails an administrative fine in the amount of five thousand rubles or deprivation of the right to drive a vehicle for a period of six months.

Art. 12.10 clause 1

Crossing a railway track outside of a railway crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from a traffic light or the person on duty at the crossing, as well as stopping or parking at a railway crossing - entails the imposition of an administrative fine in the amount of one thousand rubles or the deprivation of the right to drive a vehicle for period from three to six months.

Art. 12.15 p.4

Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article, shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive a vehicle for a period of four to four years. up to six months.

Art. 12.16 clause 3

Driving in the opposite direction on a one-way road entails an administrative fine in the amount of five thousand rubles or deprivation of the right to drive a vehicle for a period of four to six months.

Art. 12.24 clause 1

Violation of the Traffic Rules or the rules for operating a vehicle, resulting in minor harm to the health of the victim, entails the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive a vehicle for a period of one to one and a half years.

Art. 12.24 p. 2

Violation of the Traffic Rules or the rules for operating a vehicle, resulting in the infliction of moderate harm to the health of the victim, entails the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive a vehicle for a period of one and a half to two years.

Legal advice from a car lawyer in case of deprivation of rights

Until the new law is adopted and comes into force, all that remains is to find a good lawyer and stick to the chosen line of defense. Even in the most seemingly hopeless case, there is always room for legal maneuver.

Assistance in obtaining a driver's license after deprivation can be obtained free of charge as part of the state program for providing free legal assistance to the population. To do this, simply leave a request on the website https://protection-citizens.rf, and the Unified Center for the Protection of Citizens' Rights will provide you with free legal advice.

That is, for example, there are obvious violations in the procedure for drawing up the protocol, the procedure for withdrawing rights, etc.

If you doubt your success, the best result will come from contacting the services
of a specialized deprivation of rights lawyer .
Today, many private law firms provide assistance to those deprived of a driver’s license in Moscow. When looking for a reliable lawyer who you can trust with your matter, read reviews from real clients. Take advantage of live recommendations, if available.

Experienced lawyers are seeking to overturn even decisions on deprivation of rights for drunkenness. they justify the absence of an offense or convince the court to apply an alternative penalty, for example, a fine.

You can even challenge a medical examination, cast doubt on the testimony of prosecution witnesses, and find new witnesses for the defense.

Knowledge of the intricacies of the law and established practice allow lawyers to provide qualified, real assistance if they have been deprived of their rights for a violation committed for the first time.

How to increase your chances of getting your driver's license returned early?

In the event that a traffic police inspector draws up a report and the case is taken to court, it is important to behave correctly. Here are some tips to increase your likelihood of avoiding a driver's license revocation or reducing the terms of such a deprivation:

behave correctly , do not be rude and try to antagonize the inspector;
do not refuse medical examination - it is in your interests;
do not sign any documents without carefully reading their contents;
do not hint at the possibility of “ agreeing” - this gives the inspector another reason to believe that your guilt is irrefutable, and, in addition, this is also a violation of the law;
study the traffic rules and the Administrative Code - if you know that for a given offense, in addition to deprivation of rights, an alternative method of punishment is possible - find out from the inspector why he sees no reason to apply it, while being extremely polite and demonstrating remorse;
if you committed an offense for objective reasons, collect evidence using the camera in your smartphone and take contacts of witnesses while the inspector fills out the report;
indicate in the protocol your disagreement with the accusation ;
save the inspector's personal data;
save the DVR recording and do not transfer its original to the traffic police;
record the quality of road markings and road signs in the photo;
if visibility was difficult due to weather conditions, try to capture it on camera;
even before the case comes to court on the same day, you can file a complaint against the actions of the inspector addressed to the head of the department of the district in which you were stopped.

If the complaint does not produce results, urgently look for a competent lawyer who will assist in obtaining a driver’s license if revoked.

The procedure for returning rights after deprivation in 2021

The license is returned after submitting an application of the established form to the traffic police. You will also have to pass an exam (theory only), pay a state fee and obtain a medical certificate. You can only withdraw your ID within three years after the expiration of the period of deprivation established by the court.

Download the application for the return of rights after deprivation

We recommend that you approach preparation for the exam with the same responsibility as when obtaining your license for the first time. Even if you understand everything from experience, theoretical formulations can be confusing, and you may misinterpret the meaning of the question. In case of unsatisfactory results, the next attempt is given only after a week. The number of attempts is not limited.

According to the bill described above, only those who have been deprived of their rights for a period of more than one year .

Legal advice from a car lawyer in case of deprivation of rights

Leave a contact number in the form and state the essence of the question. An auto lawyer will contact you for further communication. This method of defense is acceptable if your case can be classified as “simple”. That is, for example, there are obvious violations in the procedure for drawing up the protocol, the procedure for withdrawing rights, etc. If you doubt success, the best result will be brought by turning to the services of a specialized lawyer for deprivation of rights .

Today, many private law firms provide assistance to those deprived of a driver’s license in Moscow. When looking for a reliable lawyer who you can trust with your matter, read reviews from real clients. Take advantage of live recommendations, if available.

Drawing up a report at the place of arrest is a regulated procedure. The further fate of the case directly depends on this protocol. If the inspector executed the document incorrectly , this is a serious chance to defend your rights in court. With the help of a competent lawyer, of course. You can even challenge a medical examination, cast doubt on the testimony of prosecution witnesses, and find new witnesses for the defense. Knowledge of the intricacies of the law and established practice allow lawyers to provide qualified, real assistance if they have been deprived of their rights for a violation committed for the first time.

How to increase your chances of getting your driver's license returned early?

behave correctly , do not be rude and try to antagonize the inspector;
do not refuse medical examination - it is in your interests;
do not sign any documents without carefully reading their contents;
do not hint at the possibility of “ agreeing” - this gives the inspector another reason to believe that your guilt is irrefutable, and, in addition, this is also a violation of the law;
study the traffic rules and the Administrative Code - if you know that for a given offense, in addition to deprivation of rights, an alternative method of punishment is possible - find out from the inspector why he sees no reason to apply it, while being extremely polite and demonstrating remorse;
if you committed an offense for objective reasons, collect evidence using the camera in your smartphone and take contacts of witnesses while the inspector fills out the report;
indicate in the protocol your disagreement with the accusation ;
save the inspector's personal data;
save the DVR recording and do not transfer its original to the traffic police;
record the quality of road markings and road signs in the photo;
if visibility was difficult due to weather conditions, try to capture it on camera;
even before the case comes to court on the same day, you can file a complaint against the actions of the inspector addressed to the head of the department of the district in which you were stopped.

If the complaint does not produce results, urgently look for a competent lawyer who will assist in obtaining a driver’s license if revoked.

The procedure for returning rights after deprivation in 2021

Download the application for the return of rights after deprivation

According to the bill described above, only those who have been deprived of their rights for a period of more than one year .

What are the penalties for various violations?

The most detailed information is contained in the Code of the Russian Federation on Administrative Offences. Confiscation of the certificate is required for committing serious offenses.

Important! Every year, strict punishment is used more and more often, and not for the most serious violations. This is explained by a decline in driving culture, so many people are interested in the answer to the question: is it possible to reduce the period of deprivation of a driver’s license.

The full list of offenses contains more than two dozen items; below are the main ones.

If the numbers on the car are not installed in the right place, or they are hard to see, the driver may be deprived of his license. According to Article 12.2, the sentence does not exceed 3 months.
Operating a vehicle with false license plates is punishable by a sentence of 6 to 12 months. The same applies to driving a car equipped with red or blue lighting, which does not meet the standards.
Reducing the period of deprivation of a driver's license is also of interest to those who drove a car while intoxicated and were stopped by a traffic police inspector. The law provides for punishment for such an offense for a period of 18-24 months.

If a violation of traffic rules is recorded again, the punishment is increased. The driver may be banned from driving for three years. This period is really long and it is not surprising that many motorists are thinking about how to reduce the period of deprivation of a driver’s license.

Important! The law does not limit the maximum duration of a driving ban. For particularly unscrupulous drivers who, for example, consistently drive into the oncoming lane, the sentence can reach several decades. As for the procedure for reducing it, it is quite complex, and not always possible. It is better to drive according to the rules, and there will be no problems.