Deprived of license while intoxicated and fined 30,000 rubles. 2 years have passed. Can I not pay the fine and take away my license? Can they be canceled or has the statute of limitations passed?

What does deprivation of rights mean?

Let us immediately reassure drivers who have debts - bailiffs do not have the right to take away their licenses.
But they can impose a ban on the use of the ID. To do this, the case is sent to court, where the possibility of limiting the use of rights is decided. If all conditions are met, the court makes a positive decision and issues a resolution to the bailiffs. And they then transfer it to the traffic police, where the information is entered into the database. In this case, the rights themselves remain with the owner. It turns out that the “deprivation” is just actual. But we do not recommend driving a car with such a document - punishment is provided for under Article 17.17 of the Code of Administrative Offenses, which deals with ignoring decisions from enforcement proceedings. For this you will have to lose your license for a year or be forced to perform compulsory work for a period of up to 50 hours.

The fact of violation will be detected the first time the vehicle is stopped by a police officer.

General provisions

A driver's license today is a special document that gives the right to drive a car. Moreover, a certain set of categories has been established for different types of transport.

Accordingly, driving category “C” vehicles with only category “B” open will be unacceptable.

That is why it is important to familiarize yourself in advance with what the categories generally are and what they are.

Moreover, in the absence of a driver’s license, it will be directly prohibited to drive a car.

The reasons for this can be very different. Most often today this occurs for driving while intoxicated, as well as due to certain violations (driving into oncoming traffic, etc.).

It is also important to note that today it is possible to deprive a driver’s license only through the courts. Previously, the traffic police could confiscate the license right on the spot after a violation.

This will prevent problems. Also, you should not allow situations where your driver’s license is revoked.

It would be extremely difficult to challenge a court decision regarding the deprivation of a driver’s license. Therefore, you need to familiarize yourself with all the subtleties and features of the registration procedure in advance. This will prevent many difficulties. As well as the costs of conducting a trial.

What it is

A driver's license is a special document that has a form established at the legislative level.

It is important to note that the process of obtaining a driver’s license should be completed fairly quickly. Today there are several ways to obtain them.

For some time now, the reverse side of a driver's license has become more complex.

In addition to the usual categories, various subcategories began to be used - information about them is also indicated on the driver’s license.

It is best to familiarize yourself with all of them in advance. This will avoid problems.

The driver's license itself can be used not only to confirm the right to drive a car. But also as proof of identity.

It has been established that the validity period of the VA is only 10 years.

Otherwise, using a car with an expired license is equivalent to driving without a license at all.

Which entails a fine of 3-5 thousand rubles and towing of the car.

There is a standard list of situations when such a measure of influence is applied. It is worth familiarizing yourself with this list to avoid such situations.

It must be remembered that the list of grounds for deprivation of a driver’s license of any category is quite extensive.

In addition to the situations outlined above, deprivation on other grounds may also occur.

There is a special document that outlines the basic points regarding the revocation of a driver’s license. If possible, you should read all of them carefully.

This will prevent many problems and difficult situations.

Moreover, in some cases, only a certain fine is imposed for individual violations.

It is important to carefully study all legislative norms and avoid situations where deprivation occurs. Often, deprivation occurs after a serious accident.

Punishment for driving a car while under the influence of alcohol or drugs

Punishment for drunk driving , no matter what substances the driver is under, is provided for by the Code of Administrative Offences. Until amendments are made to it, it promises a drunk driver a fine of 30 thousand rubles, as well as deprivation of a driver’s license for a period of 1.5 to 2 years.

To lose your driver's license, you don't have to drive a car; you can entrust this task to a drunk friend . In this case, you also risk remaining a pedestrian. Transferring control of a vehicle to a person in a state of intoxication entails the same punishment as driving it - deprivation of rights for a period of 1.5 to 2 years and a fine of 30 thousand rubles.

Many, but not all, understand that if you get behind the wheel of a car while drunk and refuse to undergo a medical examination proposed by the inspector, then you will not be able to avoid responsibility. The Code of Administrative Offenses provides for punishment for such a “knight’s move”, moreover, the same as for driving a car while drunk. The fact is that a person, refusing to take an alcohol test, by default agrees with the violation charged to him, accordingly, becomes a drunk driver and bears responsibility, like a drunk driver. It's simple.

Another trick that drivers use to avoid serious criminal liability in case of an accident involves a fine of 30 thousand rubles and the deprivation of a driver’s license for a period of 1.5-2 years - drinking alcohol after an accident or in the presence of a traffic police inspector . Recently, the Ministry of Internal Affairs began to think that drivers who cause a drunken accident with injured people in this way cunningly avoid full responsibility for the accident and receive a short prison term. Therefore, it is possible that soon criminal liability will be introduced for this violation of traffic rules.

Grounds for deprivation

Drivers' rights to drive a vehicle may be restricted due to debts amounting to more than 10,000 rubles. And this is the most important condition.

According to the law, the basis for deprivation may be the formation of debts for the following reasons:

• Alimony. If a parent does not fulfill his obligations to provide financial support for the child, he may be deprived of the right to drive a vehicle.
• Fines. Failure to pay fines will result in a ban on driving in 2021.
• Damage caused. This refers to property or moral damage caused by criminal acts.
• Damage caused as a result of the loss of a breadwinner. If the driver does not compensate for the damage caused as a result of the loss of a breadwinner, this will become grounds for deprivation of his license.

But they won’t deprive you of your license for debt on loans - and this is one of the good news for many drivers. It was proposed to include this clause in the bill, but so far credit debt is not a reason for restricting rights.

Where can I get my license back after being revoked?

Let us remind you that previously it was possible to return a driver’s license only after the expiration of the period of deprivation of the right to drive vehicles at the State Traffic Inspectorate unit at the place of execution of a court decision in an administrative offense case or a court verdict in a criminal case on the day of application upon presentation of a passport or other identification document . This was regulated by paragraph 5 of Government Decree No. 1191 of November 14, 2014. However, it was possible to pass the theoretical exam at any traffic police department.

Now, according to the new Decree of the Government of the Russian Federation No. 1210 of October 10, 2018, all deprived persons have the right to return their driver’s license to any department of the State Traffic Inspectorate. True, for this, the driver must, no later than 30 days before the end of the period of deprivation of rights, submit an application to the traffic police at the place of execution of the court decision in an administrative offense case or a court verdict in a criminal case, indicating the traffic police department where the driver's license must be sent.

That is, for example, if you were deprived of your rights in the Solnechnogorsk district of the Moscow region and your rights were kept in the Solnechnogorsk traffic police for the entire period of deprivation, but you decided to return your rights, for example, in the city of Ryazan, then no later than 30 days before the end of the deprivation period you must submit an application to the Solnechnogorsk traffic police with a request to send the driver’s license to the city of Ryazan, indicating the department number and address.

What is regulated

The Code of Administrative Offenses establishes the amount of time during which a driving ban will apply.

In addition to those mentioned above, there are also other legislative documents within the framework of which the deprivation of a driver’s license takes place.

But it is worth noting that the process of making a court decision in each case is usually standard. Moreover, the meeting itself is not even held.

It is worth familiarizing yourself in advance with all the regulatory documents that determine the regime for depriving a driver’s license.

This will allow you to independently protect your own rights and interests in court, as well as when contacting the traffic police.

Deprivation of rights during administrative proceedings

A sanction in the form of a ban on driving a car is provided for the following acts (the list is incomplete and common actions for which you can lose your driving license are indicated):

• intersection of a solid marking line;
• repeated intersection of the solid;
• violation of traffic rules resulting in an accident in which the victim suffered minor or moderate harm to health ;
• leaving the scene of an accident;
• illegal refusal to undergo testing for alcohol or drug intoxication;
• driving a vehicle under the influence of alcohol or drugs ;
• deprivation of driving license for transferring control to a drunk driver.

Since administrative legislation is based on the presumption of innocence (that is, guilt is proven not by the person who is brought to justice, but by the person who is brought to justice), rights can be deprived if:

• it has been proven that the committed act entails deprivation of rights;
• the circumstances of the violation are correctly stated in the protocol, and also that they were revealed by the official, and not by means of photography or recording;
• materials on the fact of the offense are considered by the body whose jurisdiction includes the consideration of cases of bringing to administrative responsibility;
• at the time the procedural document was issued to bring the violator to administrative responsibility, the statute of limitations had not expired.

To ensure qualified protection of your rights and interests, it is advisable to take care in advance of involving a license deprivation lawyer in the case, who will take on the full defense of the driver and will be able to answer exactly why a driver’s license is being deprived, and for what you can get off with a fine.

For what debts can a driver's license be revoked in 2021?

The second important condition for deprivation of rights is the driver’s refusal to repay the debt. If he voluntarily contributes funds and does not refuse to pay off his debts, then this measure cannot be applied to him. The right to drive a vehicle is limited only to those who oppose their obligation to pay fines, alimony and other types of penalties.

First of all, the bailiffs are obliged to notify the debtor that if the debt is not repaid, then the penalties prescribed by the court will be applied to him. A 5-day period is given for this, during which the driver can agree to voluntarily pay the debt. If there is no action on the part of the debtor, the resolution comes into force.

One important point is that the driver is warned in advance that he will take part in the trial. To do this, he is notified in one of several ways:

• notification is sent by mail to addresses known to the bailiff;
• the notice is compiled electronically and sent to the addressee by email.

But the bailiffs do not particularly understand whether the notice was delivered to the addressee. It is considered received even if the party involved in the trial does not appear to receive the summons.

You can return the right to drive a vehicle if you meet the only condition - repayment of the debt. As soon as the entire required amount is paid, the bailiffs will lift the restrictions, and the former debtor will be able to drive a car.

After repaying the debt, you will need to contact the FSSP and present a receipt for payment. This will be the basis for lifting restrictions. No additional actions are necessary (as with a regular deprivation of rights).

So, in 2021, debtors may be left without a license to drive a vehicle. And it will be possible to regain the opportunity to drive again only after repaying the debt.

Since January 15, 2021, the Russian government has developed a system for restricting the validity of a driver’s license, which should be introduced by bailiffs as a last resort measure against a malicious debtor. This became possible after the introduction of innovations to Federal Law No. 229 in the form of additions and changes to the relevant articles of the law. Article 67.1 clearly states cases of deprivation (restriction) of the driver’s license of citizens who are non-payers and debtors who have the status of individual entrepreneurs.

Restriction on the use of a driver's license is a temporary measure of influence on debtors during the period of repayment of the debt. This means that a person will not be able to drive any vehicle, whether owned or registered to another person. It turns out that for the application of this clause of the law, the form of ownership does not matter. Moreover, in 2021, this applies to any type of transport: land, water and even air, if a citizen owns one.

A new article 67.1 has been added to the text of the federal law “On Enforcement Proceedings”. It contains part 2, which lists cases of debt obligations for which the judicial executive authorities may introduce restrictions on the use of a driver’s license in 2021. Such cases include the following types of debt obligations:

• unwillingness to pay child support;
• non-payment of compensation for injury to health or loss of a breadwinner in the family;
• non-payment of moral and property damage caused during the commission of a crime;
• ignoring non-property requirements regarding the upbringing of children;
• avoiding payment of administrative fines for traffic violations.

All this is provided that the amount of debt must be higher than 10,000 rubles.

Mainly, Article 67.1 of Federal Law No. 229-FZ “On Enforcement Proceedings” is aimed at resolving the issue of persistent defaulters of social debts, in particular alimony arrears. After all, it is difficult to find measures to influence a person who does not want to pay his child the amount required by law. The inability to drive a car will be a serious circumstance to make the debtor think about it and start paying the debt. For many mothers raising children alone, this law is their last hope for money. It is still too early to talk about the effectiveness of this effect. After all, this is a last resort measure that is not used often.

Within one day after paying the entire amount of the debt and presenting documents confirming this, the right to drive must be restored, all restrictions are lifted, and the owner can again use his car. Information is sent to the traffic police about the lifting of the restriction on driving a vehicle for a given citizen. Bailiffs are obliged to ensure the timely application of court decisions, and if they are carried out, monitor the removal of these decisions.

Due to the fact that it is not a deprivation of driving rights, but only a temporary suspension of their validity, there is no need to additionally retake the theoretical exam at the traffic police or undergo a full medical examination again. The bailiff will promptly submit information about the removal from the database of records of previous restrictions that need to be removed.

It is advisable not to take matters to extreme measures. Do not allow a debt of more than 10,000 rubles. You can track your debts on the website of the Federal Bailiff Service. There is a database of current enforcement proceedings. You will be able to get all the information on your debts. Try to negotiate with the creditor about deferment and installment plan of the debt. If you cannot avoid a restrictive measure, contact an experienced lawyer. They will help you quickly get your rights back in a short time.

Today, traffic police officers can deprive a driver’s license only for certain types of violations. It is worth considering this issue in advance.

And also avoid violations that can generally lead to consequences such as deprivation of a driver’s license. Today there are many features.

Important questions that are best worked through in advance include the following:

• by timing;
• what is the order;
• in case of repeated violation;
• how can I return the document?
• important aspects;
• what is regulated.

By timing

Today, the period of revocation of a driver's license can vary quite significantly.

There is a standard list of grounds for deprivation. At the same time, there are also a number of points that primarily affect the possible period of revocation of a driver’s license.

The main points that primarily affect the period of deprivation include:

1. The reason why a protocol was drawn up regarding the deprivation of a driver's license.
2. Are there any consequences for the situation that results in the deprivation?
3. Whether the violation took place previously.

In this case, if necessary, it will be quite simple to check whether a particular citizen has previously been deprived of a driver’s license.

This can be done literally in a few minutes, without getting up from your computer - today there are a large number of services that allow you to carry out the procedure.

What is the order

Previously, traffic police drivers had the right to confiscate a driver’s license right on the road.

If a violation was detected, a protocol was drawn up and a temporary permit to use the car was issued.

That is why many citizens believe that they can simply not surrender their license after receiving it.

But there is one very important nuance in this case - the countdown of the period for deprivation of a driver’s license begins precisely from the date when the driver’s license was handed over to the traffic police. The driver must do this independently.

The very procedure for depriving a citizen of the right to drive a vehicle for any reason, regardless of the reason and section of the Code of Administrative Offenses of the Russian Federation, is entirely standard.

Today, the process of issuing a court decision to deprive a driver’s license is quite simple and standard. The decision is usually made with minimal time.

Nevertheless, if a citizen believes that his rights have been violated, then he should try to resolve the situation by filing an appropriate application.

Separately, it is worth noting that the process of deprivation of a driver’s license often occurs repeatedly in our country. This is especially often associated with alcohol consumption.

Important aspects

The main aspects that you need to read carefully include:

• The period for deprivation of a driver’s license is counted from the moment it is handed over to the traffic police;
• it will not be permissible to drive a car after a court ruling and deprivation of rights;
• It is possible to obtain a license the next day after the expiration of the period for revocation of a driver’s license.

Today, the process of revoking a driver's license has a large number of subtleties. It is worth noting that this procedure is carried out within the framework of special legislation.

Therefore, you should carefully read all regulatory documents.

Driver's License Restriction Law

Before deprivation of rights for debts in 2021, bailiffs contact the debtor and insist on paying off the debt. At this stage, you can easily avoid the introduction of restrictive measures - show your readiness to fulfill your obligations.

If the debtor does not show a desire to voluntarily get rid of his debt, then according to federal law in 2021, bailiffs are given the right to make a decision by which restrictions are imposed on a citizen on the right to use a car.

You must understand that according to the law, bailiffs do not have the ability to deprive a driver’s license; it turns out that they cannot take away a license. Bailiffs only impose temporary restrictions on their use.

If the demand for which enforcement proceedings are being conducted is not a court document or is not used in accordance with a court order, then the bailiff himself or a representative of the claimant has the opportunity to go to court with a statement to establish such a measure of influence on a person as a temporary restriction on the use of rights. After a court ruling, based on the law, the bailiffs have the opportunity to enforce such a measure of influence on the defaulter.

There is no reason to panic right away. After delivering the document, the driver has 5 legal days to quickly resolve the issue and pay the debt. After this, he presents the payment receipt to the bailiff, and a day later the rights come into effect again.

If the debtor does not agree with the decision of the bailiff, then in 2021 he can file a complaint with the court against the actions of representatives of enforcement proceedings. Moreover, the legal framework identifies a number of cases that do not make it possible to put this law into effect. Categories for which it is impossible to apply restrictions on the use of a driver’s license:

1. The use of this type of transport is the only source of income for a citizen. This happens quite often when a car helps a citizen provide for his family.
2. The debtor's family lives in a remote area, and the vehicle helps him and his relatives get home. For some settlements where there is no direct route service, this is a fairly pressing issue.
3. The debtor is recognized as a disabled person of group 1 or 2, or he supports a dependent disabled person of group 1 or 2, or a disabled child, and the car helps them move.
4. The amount of debt is less than RUB 10,000.
5. The debtor makes payments on the debt in installments, or he has obtained a deferment in payment of the debt.

If, after the introduction of a restrictive procedure, a citizen’s conditions have changed and he falls into one of the restrictive categories, then by collecting the necessary documents and presenting them to the bailiff, he will immediately receive a decision to cancel the deprivation of a driver’s license for debts. In a day, he can already get behind the wheel legally.

The calculation of the period of deprivation begins 10 days after the court decision is made, since the specified period of time is provided for appealing the decision. The procedure for returning a seized driver's license after the expiration of the deprivation period is specified in paragraph 4 of Article 32.6 of the Code of Administrative Offences. The return procedure, in accordance with clause 4.1 of the same article, provides for:

1. Passing exams on knowledge of traffic rules.
2. Passing a medical examination, as a result of which the absence of contraindications to driving vehicles must be confirmed.
3. Repayment of all existing fines for traffic violations.

If the period of deprivation has expired, and the driver has not applied for his license to the traffic police department at the place of violation or has not submitted a request to transfer the document to another department (at the place of registration, place of residence), then the driver’s license will be stored in the archives for 3 years in accordance with paragraph 5 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation. After this, the unclaimed document will be destroyed.

Conditions to which the law does not apply

If the debtor does not agree with the decision of the bailiff, then in 2021 he can file a complaint with the court against the actions of representatives of enforcement proceedings. Moreover, the legal framework identifies a number of cases that do not make it possible to put this law into effect. Categories for which it is impossible to apply restrictions on the use of a driver’s license:

1. The use of this type of transport is the only source of income for a citizen. This happens quite often when a car helps a citizen provide for his family.
2. The debtor's family lives in a remote area, and the vehicle helps him and his relatives get home. For some settlements where there is no direct route service, this is a fairly pressing issue.
3. The debtor is recognized as a disabled person of group 1 or 2, or he supports a dependent disabled person of group 1 or 2, or a disabled child, and the car helps them move.
4. The amount of debt is less than RUB 10,000.
5. The debtor makes payments on the debt in installments, or he has obtained a deferment in payment of the debt.

If, after the introduction of a restrictive procedure, a citizen’s conditions have changed and he falls into one of the restrictive categories, then by collecting the necessary documents and presenting them to the bailiff, he will immediately receive a decision to cancel the deprivation of a driver’s license for debts. In a day, he can already get behind the wheel legally.

The law does not indicate the possibility of restricting a driver's license based on credit debt. This issue is being discussed, but there are no additions or changes to the loan account yet in the law. So neither credit debt, nor mortgage debt or non-payment of housing and communal services will be able to cause deprivation of rights for debts in 2021.

What punishment will follow for driving a vehicle after deprivation of a driver's license?

You cannot drive a car after your driver's license has been confiscated - this is a violation of the law. If traffic police officers are caught driving without a license, punishment will follow immediately.

Fines for driving without a license after deprivation are implied in Part 2 of Article 12.7 of the Code of Administrative Offenses:

• up to 15 days of arrest;
• a fine of 30 thousand rubles;
• imposition of 100-200 hours of community service.

Even if someone deprived of a driving license puts someone without a driving license behind the wheel, he will still receive 30 thousand rubles. fine

In accordance with Part 3 of Article 12.8 of the Code of Administrative Offenses of Russia, punishment for drunk driving without a license implies administrative arrest for a period of 10-15 days or a fine of 30 thousand rubles. (in situations where arrest is not possible).

The only sure way out is to wait until the withdrawal time ends. However, some motorists try to use a fake driver's license. You need to understand that the punishment for driving without a license after deprivation using a fake ID, based on Article 327 of the Criminal Code of the Russian Federation, provides for the following:

• imprisonment for a period of up to 6 months;
• collection of a fine in the amount of 80 thousand rubles;
• assignment of 500 hours of correctional labor.

For those who are interested in what will happen if a person without a license is stopped again while drunk, there is another criminal article. According to Article 264.1 of the Criminal Code of the Russian Federation, violation implies the following types of punishment:

• a fine in the amount of 200-300 thousand rubles;
• a fine in the amount of the offender’s total income for a period of 1 to 2 years;
• 480 hours of compulsory work;
• 2 years of forced labor.

All penalties described in this article provide for deprivation of the opportunity to engage in certain types of activities or hold certain positions for a period of up to 3 years.

If the debtor ignores the requirements for the fulfillment of debt obligations, the bailiff notifies the citizen about the entry into force of a restriction on the use of the special right to drive vehicles. And notifies the traffic police about this measure. There, in turn, they enter this information into a data bank. If the debtor continues to drive the car after the decision comes into force, he will face penalties. The validity of a driver's license is limited, and traffic police officers have the data in their database.

1. List of documents for obtaining a driver's license
2. Why can your driver's license be revoked?
3. Deprivation of a driver's license for speeding in Russia
4. Foreign driving licenses in 2021: how to exchange for Russian ones

Tags: driver's, deprive, right

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Penalty for driving in the oncoming lane

Since driving in the oncoming lane or entering it contrary to the prohibition of markings or signs entails serious consequences in an accident, violation of traffic rules in this area is also seriously punished and drivers, in addition to a fine, may be deprived of their driver’s license.

Driving into oncoming traffic , where it is prohibited by signs or markings, as well as on tram tracks in the opposite direction, with the exception of cases of avoiding obstacles, is punishable by a fine of 5,000 rubles or deprivation of rights for a period of 4 to 6 months.

Repeatedly driving into the oncoming lane guarantees deprivation of your license for a year if you come under the gaze of an inspector. If your violation was recorded by the traffic police, you will get off with a fine of 5,000 rubles.

Not everyone knows that if you turn onto a one-way road and drive against the grain, you can be left without a license. But that’s how it is. Of course, you can get away with a fine for driving against traffic on a one-way street, and this fine will be 5,000 rubles, but deprivation is also provided for. Duration - from 4 to 6 months.

Repeated violation, namely driving in the opposite direction on a one-way road , is punishable in the same way as driving into the oncoming lane - deprivation of rights for 1 year or a fine of 5,000 rubles, if the violation is recorded by the complex.