Will there be an amnesty for those deprived of a driver's license?

Amnesty for drivers deprived 2021

As mentioned above, the amnesty for drivers deprived of their license in the current year 2021 does not apply in all cases.

But this list is not a standard. They may ask for some more papers. It depends on the factors of the incident.

At the same time, both are very lucky; if the accident is limited to minor physical harm, then the driver only faces administrative punishment.

In addition, Dmitry Guliyev sent a proposal to the director of the Federal Bailiff Service to suspend the blocking of driver’s licenses for debtors for the duration of measures against the spread of coronavirus. According to the Federal Bailiff Service of Russia, as of February 1, 242 thousand debtors were limited in the use of special rights. For 2021, for drivers deprived of their driving privileges, the law provides 3 conditions for their return.

Perhaps soon such a concept as amnesty will appear in administrative law. But will this help drivers who have lost their driving license for driving while drunk?

The first thing that should be noted is the absurdity of using the abbreviation UDO in relation to amnesty in administrative law. Parole is conditional early release.

So, if you have not paid the fine within the statutory period of 60 days or the grace period (if you received one), then another fine will be imposed on you - already 2 times more than the previous one (but in any case - not less than 1000 rubles). In addition, the perpetrator may receive a punishment of 15 days of administrative arrest or 50 hours of correctional labor.

In the 2021 amnesty bill, representatives of the Human Rights Council introduced a proposal to include drivers who have been deprived of their licenses in the list of pardoned persons.

About amnesty in 2021

An administrative amnesty for the return of a driver’s license has not been carried out in 2021 or previously. Is an amnesty possible for those deprived of a driver's license? Yes, it's possible.

This year, it is still planned to release from punishment drivers who have committed an administrative violation that resulted in the deprivation of their driver’s license.

Most often, events of this kind are timed to coincide with a specific celebration (for example, Driver’s Day).

At this time, the bill on amnesty for deprivation of rights in 2018 in Russia in administrative cases has not yet been adopted and is under consideration.

Will there be an amnesty in 2021?

So, if a car is stopped and it is discovered that a drunk driver is driving, the mandatory rule of law is a fine that the driver must pay if he wants to drive the car again. Today the fine ranges from 30,000 to 50,000 rubles.

If you ask an ordinary Russian driver what period of validity of a traffic police fine is provided for by law, it turns out that many are informed about the two-year period after which debts become irrelevant. The more savvy even refer to Part 1 of the above-mentioned Article 31.9.

In particularly serious cases, the sanctions described above may be added. Typically, such measures are applied when it comes to repeated violations. Bailiff intervention is also possible. This happens if the amount of fines is high (more than 10 minimum wages). Repeated violators first receive a letter from the bailiff service, which states that their property will be seized in case of non-payment.

This was not unexpected. The Duma constantly makes adjustments to laws that relate to liability for violating traffic rules.

Amnesty for deprivation of rights for drunkenness in 2021

Amnesty implies release from punishment for a crime. The last amnesty held in the Russian Federation was timed to coincide with the 70th anniversary of the Great Victory Day. Then, convicts who had served more than half their sentence and were distinguished by good behavior were released from places of detention.

Driving while intoxicated is one of the most serious offenses a driver can commit. Moreover, responsibility for this violation becomes more serious over time.

This question interests many drivers. And when they come to the traffic police to pick up their driver’s license, a surprise awaits them - there is still a lot of time before the expiration of the deprivation period!

Other situations, when the driver seriously violated traffic rules, caused an accident, and then disappeared, will definitely not be covered by the amnesty for deprivation of a driver’s license.

You can undergo a medical examination anywhere, not necessarily where you are registered. But there is one caveat: you need to go to doctors such as a psychologist and a narcologist at your registered address. The law does not oblige this, but in practice such a condition can be set by traffic police officers. You need to be prepared for this.

As for the bill, given that in recent months only bans have been introduced, and justice is squeezing Russians into an iron fist, one can hardly expect any relaxation. If the law on amnesty of rights is nevertheless adopted, it will clearly only apply in exceptional cases.

In addition, the State Duma adopted in the second reading a bill that not only increases liability for a secondary violation, but also transfers it from the category of an administrative offense to a criminal offense with all the ensuing consequences.

The air exhaled by the driver should be 0.16 ppm. For examination of car drivers, this value is used to compensate for errors in devices for determining ppm. But this does not mean that you are allowed to drink a little alcohol before leaving.

However, this measure does not cancel the deprivation of a driver’s license for a lover of strong drinks. Therefore, he will have to transfer to a taxi or public transport for a period of 1.5-2 years, here everything depends on the combination of factors that characterize the accident. No discounts or concessions are provided in this case.

So far in Russia there have been no precedents for amnesties for those punished under articles of the Code of Administrative Offences. But the power to declare an amnesty is a constitutional right of the State Duma, and, strictly speaking, the Basic Law does not limit the possibility of amnesties only to criminal cases. Moreover, the draft of the new Code of Administrative Offenses provides for the possibility of amnesties in cases of administrative offenses.

As noted above, the basis for prosecution under this article is the presence of more than 0.16 ppm of ethyl alcohol in the driver’s body.

Is it possible to get your license back after being deprived of it early on parole?

For a driver who does not have a license or has lost one for some reason, the consequences of drunk driving will be even more serious. In this case, Article 12.8 of the Administrative Code provides for administrative arrest for a period of 10 to 15 days. If this type of punishment cannot be applied to the driver, he will be fined 30,000 rubles. In this case, it is not Alexander, who owns the car, who should be punished for transferring control, but Boris, who directly transferred control to the drunken Vadim.

With the dark time of day everything is more or less clear. But the mention in the text of “low visibility conditions” makes it almost mandatory for the driver to wear a special vest when stopping on the side of the road.

It is established in accordance with Article 12.8 of the Code of Administrative Offenses of the Russian Federation. Why did officials decide to act this way? If we compare the data with the second half of 2021, the number of drunk drivers increased by 11.2%, and this is only those who were literally caught by the hand.

Consequences and terms of punishment

Article 12.8 of the Code of Administrative Offenses of the Russian Federation states that a person who drives a vehicle while intoxicated must be fined 30,000 rubles and also deprived of his driver’s license for a period of 1.5 to 2 years.

Penalties for driving while intoxicated have been increased since 2013. Previously, this violation was only punishable by deprivation of a driver's license. The current version of the Code of Administrative Offenses of the Russian Federation provides for the imposition of a fairly large fine on the violator.

If driving in this form is recorded by the traffic police for the second time, then the driver will already face criminal liability under Article 264.1 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation). This innovation came into force in 2015. In this case, the fine will be from 200 to 300 thousand rubles. Also, the violator may be prohibited from holding certain positions or engaging in certain types of activities for a period of up to 3 years. In addition, as sanctions under Article 264.1 of the Criminal Code of the Russian Federation, forced public works are provided for up to 2 years. You can go to prison and receive a real sentence (up to 3 years).

Punishment in the form of prosecution under Article 264.1 of the Criminal Code of the Russian Federation will occur even if the driver, after his first offense, did not drive for the entire 1.5-2 years while he was deprived of his license.

A driver stopped again will not be able to get away with deprivation of his license for alcohol intoxication: criminal liability for persons who have ever been charged under Article 28.1 of the Code of Administrative Offenses is inevitable.

Repeated driving while intoxicated

Therefore, a large-scale revision of the Code of Administrative Offenses is currently underway: the part concerning the responsibility of vehicle owners is being modified.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

The first thing you need to do in order to get your driver's license back after it has been revoked in 2021 is to pay traffic fines.

Let me remind you that a repeated violation is committed within 1 year from the end of the previous period of deprivation. In this case, the date the license was returned to the driver is important.

In addition, as sanctions under Article 264.1 of the Criminal Code of the Russian Federation, forced public works are provided for up to 2 years. You can go to prison and receive a real sentence (up to 3 years).

If the driver was granted an amnesty, but soon committed a similar offense to the previous one, then the driver’s license will be taken away again, and the term will increase depending on the severity of the consequences. The possibility of deprivation of rights for drunk driving is present in Article 12.8 of the Code of Administrative Offenses of the Russian Federation (CAO RF). As noted above, the basis for prosecution under this article is the presence of more than 0.16 ppm of ethyl alcohol in the driver’s body.

Reasons

The possibility of deprivation of rights for drunk driving is present in Article 12.8 of the Code of Administrative Offenses of the Russian Federation (CAO RF).
As noted above, the basis for prosecution under this article is the presence of more than 0.16 ppm of ethyl alcohol in the driver’s body. You can also be fined and lose your license for refusing to “breathe into a tube.” Even if you did not drink alcohol, such a refusal in itself will be regarded as a guilty act, which, according to Article 12.26 of the Administrative Code, is a failure to comply with the requirements of a traffic police officer to undergo a medical examination. The driver is punished for such an act in the same way as for driving while intoxicated. Therefore, you should not argue with traffic police inspectors and resist following their instructions.

Driving while intoxicated

Russian President Vladimir Putin recently spoke positively about the proposal of human rights activists to grant amnesty to some prisoners. At the same time, the head of state urged not to rush into this decision, but to work it out most carefully.

A driver, if caught under the influence of alcohol, will have to pay a fine, which ranges from thirty thousand rubles to fifty thousand rubles. But even after paying the fine, the driver will still be deprived of his driver’s license in 2021 for drunkenness from one and a half to two years. It depends on all the factors that were established in the accident. Discounts are out of the question in this situation.

Amnesty for those deprived of a driver's license

This initiative was made by a member of the Chamber of Young Legislators under the Federation Council, Dmitry Guliyev. A corresponding proposal has been sent to the State Duma. At the same time, he emphasizes that those who were demoted to pedestrians for alcohol-related violations, speeding or some kind of repeated driving offenses should not be eligible for amnesty.

Their activities are based on the fact that the state. Employees, when drawing up a protocol, medical examination, and even conducting the case in court, make a number of mistakes. And they cannot help but be mistaken, since there are millions of caught drunk driving in Russia. For transferring control to a person in a state of intoxication, not only the owner of the car, but also another driver who directly transferred control to the drunk can be punished.

Back behind the wheel

According to him, we are talking about tens of thousands of people. For reference: over the six months of last year, the courts deprived more than 12 thousand people of their rights for leaving the scene of an accident. For driving a car without registration plates, 3.6 thousand people were left without a steering wheel for some time. For driving into the oncoming lane, 4.8 thousand people were punished with deprivation of their licenses. These are only the most widespread articles proposed for amnesty. For many other articles, the number of deprived people runs into the hundreds.

“It is clear that whatever the situation, there is no need to grant amnesty to those who drove while intoxicated,” says Dmitry Guliyev. “The public danger of such behavior does not allow us to consider any mitigation options even in exceptional circumstances, which certainly include the coronavirus pandemic.” But as for those punished under some other articles, I am sure that now there is a reason to return such people to the wheel. Not all of them can stay at home and go into self-isolation; many are forced to carry out their professional duties as usual, for example, doctors, energy workers, emergency services employees, etc.”

If a person works in operational services, it is better for him to get to work in his own car

“The question is not about forgiving and writing off these debts, no, obligations must be fulfilled,” emphasizes Dmitry Guliyev. “But now other tasks are coming to the fore: it is necessary to stop the spread of a dangerous infection, and extraordinary measures are being taken for this. Therefore, it would be logical for the duration of special anti-epidemiological measures to allow people to drive rather than use public transport, increasing the risk of infection and spread of infection. Subsequently, if necessary, the enforcement measures may be resumed.”