Deprivation of rights (repeatedly or initially) is a rather serious measure to combat offending drivers. For what violations can a driver's license be taken? Is such a measure considered legal? Is it possible to somehow regain the driver’s rights? Understanding all this is not as difficult as it might seem. Especially if you pay attention to some changes in the law. In 2016, special rules for the punishment of negligent drivers begin to apply. So what can they strip a driver’s license for? How to behave in a particular case?
Legality of action
Some believe that the deprivation of rights repeatedly (and primarily including) is an illegal act. Theoretically, the citizen fulfilled all the requirements that were put forward to the future driver. He knows the rules of the SDA, was trained and paid for the production of the document. This is his certificate, indicating the right to drive a vehicle. And no one can take it away.
In reality, this is not so. Only one identity card cannot be taken from a citizen - this is a passport. But the deprivation of a driver’s license is an absolutely legal measure of punishment for drivers. Moreover, you can withdraw a license that allows you to drive, as many times as you like. It all depends on the violation in question. Under what circumstances can they strip a driver’s license? And for how long?
Without registering
First you need to learn about situations that are not too common in practice. The thing is that the deprivation of rights repeatedly or primarily (this is not so important) is laid for such a violation as driving without registration numbers. In this case, the punishment cannot be avoided. But the matter will not reach the court. Proving vehicle management without numbers is very simple. Especially with modern technology.
If a driver is caught on this violation, he may:
- Lose a driver’s license for 3 months. Repeated violation will be punished more severely. Then the rights can be withdrawn for several years. This issue, as a rule, is decided on an individual basis in court.
- For a year, say goodbye to driver’s rights. And a minimum of 6 months. Such punishment is provided when using fake numbers.
Speed ​​and motion
But this is only the beginning. The thing is that exceeding the speed limit in Russia also imposes a certain responsibility on the driver. Most often they manage to get off with a fine. But a repeated violation of traffic rules is almost a 100% withdrawal of a driver’s license for a certain period.
Which one? If you exceed the speed, you can lose your driver’s license:
- Duration from 4 to 6 months. Put in excess of 60 km / h. If the excess is 80 kilometers per hour, then the certificate will be taken away for six months.
- The punishment for relapse of the specified violation is 100% withdrawal of rights for 12 months.
- Departure to the oncoming traffic is punishable in the same way as speeding by 60 kilometers per hour. And if you carry out the movement on railways subject to the barriers being lowered, you can lose your certificate for 6 months.
- The same amount is supposed not to see the document being studied for the driver who was driving in the opposite direction where only one-way traffic is provided .
- Repeated deprivation of rights for a period of up to 1 year will be applied for the previously listed violations, if they are committed within 12 months from the date of receipt of the driver's license back.
All these rules must be remembered. Otherwise, you have to become a pedestrian for a long time. In general, in Russia now the deprivation of a driver’s license is a common practice.
Debtors
Especially when it comes, in principle, to people who have any problems with the law. For example, debt. In particular, on alimony. It is hard to believe, but for this violation, although not related to the road, the rights are also taken from the drivers. A driver’s license is returned only after the debt has been paid off.
Accordingly, the period for which the studied document is taken away depends on the debtor himself. Repeated deprivation will take place if the person again allowed the formation of a large debt. The rules for returning a document are the same.
Shine
The next reason is the improper use of light fixtures on the machine. For such omissions, they can also take a driver’s license. And they will return it only after the expiration of the indicated periods of time.
Accordingly, in 2016, a citizen may lose his primary or repeated driver’s license:
- For a period of 6 to 12 months. It is relevant if red light is used in transport.
- Equipping vehicles with special light and sound devices without the permission of the established sample is also punishable. In this case, you can lose your rights for at least 1 year, a maximum of one and a half.
- And the use of installed devices without permission is the withdrawal of a driver’s certificate for 24 months.
But all these are not so common situations. It is good enough to know the rules of the road so as not to encounter these problems. Special attention should be paid to only one violation. In Russia, it is very common. And just here sometimes you have to sue. What is it about?
After alcohol
Drunk driving is a very common occurrence. In Russia, they are trying to fight quite hard with “drunk driving”. It was this violation that was discussed. People try to prove their innocence in court, but still continue to drive after drinking.
The thing is that drunk driving, committed first, is not punished too hard. Only a few types of punishment are envisaged. Namely:
- Fine. A person who was first caught driving after drinking alcohol would have to pay a certain amount of money. Namely - 30 thousand rubles.
- Deprivation of rights. Drunk driving will be deprived of a driver’s license for up to two years. A minimum of 1.5 years is required to seize a document. If the transport was not controlled by the owner, then the penalty applies to the owner. Moreover, at the indicated scales.
It is worth paying attention to the fact that these measures are shared. That is, a driver’s license is taken away for “drunk driving”. And in addition you have to pay a fine. Such measures are relevant, as already mentioned, only for the primary violation.
Drunk again
But the repeated deprivation of the rights for drunk driving is punished more severely. In the first case, you can defend your innocence in court. With relapse, it will be almost impossible to do. And this fact will have to be taken into account.
The measures that are applied for the repeated capture of a driver while intoxicated while driving include:
- Fines. In this situation, you will have to pay about 300 thousand rubles.
- Deprivation of rights repeatedly. The withdrawal period is slightly increased. Rights can be lost for a maximum of 3 years.
- Criminal liability in the form of 24 months in prison.
Today, driving while intoxicated is a criminal offense. And this fact will have to be taken into account. If the driver believes that he was slandered, you will have to go to court in the prescribed manner.
Test rejection
Another small nuance. Every driver should know about him before he decides to sue the traffic police. In order to assess the sobriety of a citizen, a special test is used. It is voluntarily offered to pass with the suspicion of intoxication.
If a person refuses, the action will be regarded as driving the vehicle while intoxicated. This is a legitimate reason. In this case, court decisions on repeated deprivation of rights will be made exclusively in favor of the traffic police. Appeal and proof of innocence in such circumstances do not take place. According to the established laws of the Russian Federation, the refusal to undergo a special test is the basis for the assertion that the driver is drunk.
Return Rights
How to get a driver’s license back? If we are talking about driving while intoxicated, you have to remember - not enough to pay a fine. For repeated deprivation of rights, as well as for primary, it is necessary to pass an exam for knowledge of traffic rules.
Accordingly, a citizen who has decided to regain a driver’s license must:
- Wait until the punishment ends. Early rights will not be returned. Only if it is possible to appeal the decision on sentencing.
- Pay a fine in the prescribed amount. The receipt is kept in the original together with the check.
- Pass an examination for knowledge of traffic rules. After that, a citizen will be issued a certificate of successful completion of the test.
- Submit a certificate to the traffic police along with receipts of payment of the fine.
It's all. In reality, everything is harder than it sounds. In particular, due to the need for repeated exams.
Court and investigation
In some situations, you can appeal the decision to withdraw the driver’s license even if they say that the driver was drunk. How to do it? Have to:
- File a lawsuit to appeal a court decision in the prescribed manner.
- Prepare evidence of innocence. This is the most important nuance. For example, witnesses can help. Say, if a person drank a lot of kefir or kvass, then the alcohol meter will show intoxication. And then judicial decisions regarding the deprivation of rights can be appealed.
- Submit documents indicating innocence to court. Then you can wait for the result.
As already mentioned, if the deprivation of rights has occurred again, the judicial authorities are unlikely to believe the driver. You can appeal the withdrawal of a driver’s license, but this is not so simple.