Many drivers ask, “How do I know if I am deprived of a driver’s license?” The traffic police issued a specialized explanation on the seizure of the rights of motorists. So, we will analyze this question thoroughly. Probably everyone knows that the period of deprivation of rights begins when the court order becomes effective. Until this time, the driver shall not be considered deprived of his rights. But in the traffic police, he must pass a temporary permit. This is the essence of the latest clarifications that the Russian Department of the Ministry of Internal Affairs, which ensures road safety, has transmitted to regional units.
What article is meant?
Basically, we will talk about part 3 of article 12.8 of the Code of Administrative Offenses. It refers to the responsibility for driving the car while intoxicated, especially if such a driver has no rights or is deprived of them. Responsibility for this is substantial: up to 15 days of arrest. It should be noted that there were such cases when the driver drove the car while driving and was caught. It was discovered that the offender has a temporary permit available in exchange for the rights to the classification period for the previous offense, but in the previous case the term of deprivation has not yet entered into force. Inspectors, as well as judges from their submission, sought to put such a grief in jail.
New clarifications
Of course, the deprivation of a driver’s license is considered a complex issue. In the new explanations of the traffic police, it is precisely indicated that when considering situations with such mountain drivers, it is necessary to take into account whether the decision on the previous violation entered into force or not. And it is not so important what kind of violation it was. Perhaps the driver drove into the oncoming lane, maybe exceeded speed or just drank at the wheel. But if the decision has not entered into force, then a new illegal action is determined by the first part of the same article (12.8). And this means that a driver’s license is deprived of one and a half or two years. In this case, the period of confiscation begins from the day the deadline for the previous punishment ends.
The court's decision
The decision of the court of first instance acquires authority only after ten days, which are available for appeal. But the appeal judgment is valid from the moment it is issued. That is why there are some incidents. For example, the court confiscated the driver’s rights for a booze. And he got drunk with grief and again got behind the wheel. Of course, he will lose his rights only after ten days. And then he was caught drunk again behind the wheel! But the driver is not yet considered to be deprived of driver’s documents. For this, they can increase the period of seizure, but they have no right to take him under arrest.
And in what other cases is there a deprivation of a driver’s license? If the driver drives a vehicle of a type for which he is not authorized to do so, he is also drunk. Then he (in addition to confiscation of rights) also faces a fine of 2,500 rubles in part 1 of Article 12.7 of the Code of Administrative Offenses, but not arrest.
Validity Periods
How do I know if I am deprived of a driver’s license? This is an eternal question! First, let’s take a look at the validity periods of temporary permits and find out if you need to pass them. These documents come in two forms. The first is given in exchange for the one that was taken during the inspection, the second - instead of the one seized for the period of the proceedings. In the first precedent, traffic police officers who stopped a driver for a violation involving an exemption are required to confiscate a temporary permit. In the second, they should not do this.
And after the court decision becomes legal, a person must pass such a permit himself. Otherwise, the period of deprivation will be calculated precisely from the moment of the delivery of the temporary paper. And if a person does not return it even after the court decision is valid? And what if the unfortunate driver falls into the hands of the inspector? In this case, he will have to be responsible for managing the car and after the confiscation of rights. And this means an arrest for fifteen days.
But if the inspector did not confiscate the rights from the person? And if the court decision came into force, and the traffic police did not even try to seize them within a year? In this situation, the decision on confiscation of rights is not enforceable, because the statute of limitations has expired.
Recently, some intruders have been trying to trick. They no longer ask anyone about how to find out if I am deprived of a driver’s license. Many simply prefer to change their last name after being deprived. This nuance makes it possible to again undergo training and pass on the right. But a new clarification indicates that changing the name does not eliminate liability. And the previous rights must be surrendered.
Little story
It happens that a driver gets into an accident, as a result of which someone dies. The culprit is imprisoned. Rights do not show him, they are not told anything about their fate. He does not know where they are, and asks the following question: “Am I deprived of a driver’s license?” In such cases, they turn to a lawyer who will tell you how you can pick up the documents of interest.
And the specialist will first of all pay attention to the fact that the driver already had a court. And if nothing is written in the sentence of deprivation, then the driver has not lost the right to drive a car. And where the rights are located, it is necessary to clarify. To do this, the court will offer the driver to contact the traffic police or the investigator who conducted the case.
How to challenge the deprivation of rights?
“How do I know if I am deprived of a driver’s license?” And if they tell me that he’s deprived, how to return them? ” - These questions worry many unsuccessful drivers. Many judges say that it is useless to appeal the decision; it is impossible to reverse the decision. Secretaries and assistant judges assent to their superiors. They ask: “Why do you need this? You’ll be deprived of your rights anyway! ” It makes no sense to contact lawyers, because confiscation of rights is impossible to challenge if there are protocols.
Some car owners, after a court decides to strip them of the right to drive a car, hire drivers. Sometimes they even turn to urgent purchase of cars and sell a vehicle. After that, many no longer drive. But if you look in more detail, you can find out that any court decision is disputed.
All the assurances of the judges and clerks are an unwise attempt to save yourself from unwanted work. For example, an appropriate sentence has been passed against you. You have already figured out and forever figured out where to find out if I am deprived of a driver’s license. You agreed with the verdict, everyone is happy and happy ... But you are not happy. And you decide to appeal it. But the secretaries and judges will have to do a tremendous amount of work! By the way, in order for the qualification panel of judges to submit a complaint against the traffic police, you will have to turn to lawyers.
It is for this reason that the servants of Themis benefit from decisions not being appealed. They are well aware that most drivers have no idea how to challenge the deprivation of rights, and use this ignorance.
Many drivers are interested in the following: “How do I know if I am deprived of a driver’s license online? How to find out? ” If there was no court, then they were not deprived of their rights. On the Internet online, this question cannot be clarified in any way, because this is strictly confidential information.