Is it possible to get my driver's license back before the expiration date? - Lawyer in Samara and Moscow - representation in court and legal services

Is it possible to challenge the deprivation of rights?

Let's start with the good - almost any protocol can be challenged. As a rule, it is compiled in conditions that are far from ideal: on the road, in a hurry, in the presence of a disgruntled driver. And since traffic police inspectors are also people, the possibility of making an error in registration is always present. All that’s left to do is find this mistake and make the most of it in court.

Even if you did not succeed in winning the case, and you were nevertheless deprived of your rights, this decision can always be challenged by filing a complaint with higher courts.

How to prepare for an appeal

If you plan to fight for your driver’s license, it is important to prepare the ground for a future dispute at the stage of drawing up the protocol.

To increase the chances of a successful appeal, do the following at the place where the protocol was drawn up:

Collect as much data as possible from the place where you stopped : record the conversation with the inspector, photograph the readings of the instruments on the basis of which you were “charged”.
Take and save the contacts of witnesses if it is an accident, and also do not forget to take your own photographs of the position of the car and traces of the incident (shards, treads, etc.).
Stock up on video materials. If you have a video recorder, record information from it. If there are CCTV cameras nearby (in roadside shops, cafes, gas stations, etc.), ask for recordings.

Important! If we are talking about an accident, you can also call an independent auto expert who will make his own conclusion about the circumstances of the incident, as well as assess the amount of damage received.

The more materials you collect, the greater your chances of getting your driver's license back.

Watch the video that explains the necessary actions in case of deprivation of rights:

What to do to avoid deprivation of a license - tips for drivers on how to act in different cases

Deprivation of rights in case of an accident - when is it deprived and how to preserve your rights?

Conditions for appeal

In accordance with clause 1. Art. 30.1 of the Code of Administrative Offenses of the Russian Federation (CAO), a decision made by a judge can be appealed. For this procedure to be successful and you to be able to return your documents, you must meet the following conditions:

Compliance with deadlines - file an appeal within the period established by law.
Analysis of materials - the fact that you file a complaint that does not contain new facts will not give you anything. Therefore, it is important to carefully prepare before appealing and present to the court real reasons why you need to reconsider the case.
Preparing evidence , without which emotions about an unfair decision and requests for review are also a waste of time.

Expert opinion

Zakharova Irina Avgustovna

Legal experience 33 years. Of these, 25 years in the prosecutor's office in the positions of Art. investigator, Art. assistant prosecutor. Since 2005, I have been representing the interests of citizens in civil courts and arbitration courts. https://www.9111.ru/urist-6835464/

According to paragraph 1 of Art. 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint against a resolution in a case of an administrative offense (including deprivation of a driver’s license) can be filed within ten days from the date of delivery or receipt of a copy of the resolution.

Thus, it is possible to appeal the court's decision on deprivation. But it is important to act correctly and taking into account all the listed conditions.

Article on the topic: Find out everything about the trial for deprivation of a driver’s license in order to prepare and win it: where, when and how the process takes place, who is involved in it

What do you need to collect from documents to appeal the revocation of a driver's license?

The filing of an appeal must be documented. Even if the basis for retrial is the oral testimony of an important witness, you will first have to collect the necessary paperwork.

To appeal a decision to deprive a driver’s license, you must prepare the following documents:

a complaint indicating the grounds for review of the case;
a copy of the court decision that is being appealed - for this, an application according to the established template is submitted to the court;
certificates, photographs and videos, written testimony and other evidence stated in the complaint;
power of attorney and agreement with a lawyer, if the case will be handled by a lawyer.

If the deadline for filing an appeal against deprivation of rights has expired, you can try to appeal to the supervisory authorities for a review of the case.

Where to submit the package of documents

With the prepared materials, it is necessary to apply to the court where the decision that is being appealed was made. If the complaint is drawn up in accordance with the requirements, the package of documents must be accepted. This is done by the secretary, who checks the papers, registers the petition and puts the appropriate mark on the second copy of the complaint (it remains with the defendant).

How to make an application

The complaint is drawn up in accordance with the established procedure, in two copies. To prevent mistakes, it is better to use a reliable source or take the form directly from the court. During submission, the document must be accompanied by a copy of the resolution, from which it follows that the driver has been deprived of his license.

Providing evidence of innocence

Video recordings, photographs, oral and written testimony of witnesses can serve as evidence of the defendant’s innocence or grounds for mitigation of punishment.
The list of materials includes certificates, expert opinions, copies of protocols and other documents related to the case. If the violation occurred due to a malfunction of the vehicle, expert conclusions on its technical condition should be provided. In some cases, the court accepts audio recordings.

Review time

The court has 2 months to consider the complaint and make a decision. The countdown begins from the moment the package of documents is registered at the secretariat. If the case is considered by higher authorities, the terms may be extended.

Possible grounds for appealing a court decision

Naturally, the driver’s reluctance to part with his license cannot be a reason for canceling the decision. To file an appeal, you need compelling reasons, for example:

Mitigating circumstances that were not taken into account during the trial.
Incorrect classification of the offense , according to the driver.
Errors when preparing materials regarding a violation, if the inspector did not fill out some fields, or the document does not contain all the required signatures.
Unreliability of information, if the protocol is drawn up on the basis of video camera recordings or readings from a device (breathalyzer or radar), can be referred to as poor quality, affecting the reliability of the information.
The presence of evidence of the driver’s innocence , if it was discovered after the decision was made or was not taken into account by the court.
Procedural errors that make it possible to decide that the trial was conducted in violation of legal norms. For example, the testimony of a witness that influenced the outcome of the case was not heard.

An example of appealing a court decision based on incorrect preparation of the protocol

The driver was stopped for speeding. A protocol for deprivation was drawn up, which was satisfied by the magistrate court. Immediately after the ruling was issued, the driver filed a complaint with the district court on the basis that there was no violation.

As evidence, he cited a requirement to order an additional check based on the fact that the driver was stopped at an intermediate section of the speed limit change. By the time of the meeting with the traffic police officer, he had already left the speed limit zone, which means that there was no offense.

The higher court granted the request to order an inspection. After it was carried out, the offender’s words were confirmed, on the basis of which the magistrate’s court decision on deprivation of rights was annulled.

Article on the topic: Will a court decision on deprivation of rights come into force if the driver evades receiving it?

In what cases can you count on reclassification of punishment?

According to paragraph 2 of Art. 3.8 of the Administrative Code, deprivation of rights is possible for a period of 1 month to 3 years.

Expert opinion

German Ivanovich Amvrosov

More than 25 years of legal practice in law enforcement agencies and commercial structures.

The law provides for mitigating circumstances, which, although they do not reclassify the punishment, give the court the right to apply the minimum of those specified in the article. For example, Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation provides for both a fine and deprivation of VP. If there are mitigating circumstances under this rule, the court may limit itself to a fine.

Such circumstances include - Art. 4.2 Code of Administrative Offenses of the Russian Federation:

The driver is pregnant at the time of the violation.
The female driver has a young child.
The offense was committed in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances.
The driver voluntarily compensated for the damage caused or voluntarily eliminated the damage caused.
Remorse of the driver who committed the offense.

These also include the impossibility of depriving rights according to the legislative norms established in the Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ. It regulates the possibility of restricting a driver’s license for debts (deprivation of a driver’s license for debts), including in the presence of arrears of alimony (deprivation of a driver’s license for non-payment of alimony). It also sets out the conditions under which this restriction is not allowed (clause 4 of Article 67.1 No. 229-FZ). These can be used when appealing.

But here it is necessary to distinguish between deprivation of rights as a measure of punishment for offenses and measures of restriction for enforcement proceedings. For example, a driver of an LLC may be deprived of the right to drive a vehicle for violating road safety rules. But as a debtor in enforcement proceedings, deprivation of the right to drive a vehicle does not apply to him.

Expert opinion

Zakharova Irina Avgustovna

According to clause 4 of Art. 67 Federal Law “On Enforcement Proceedings of the Russian Federation”, a temporary restriction on the debtor’s use of a special right (including the right to drive a vehicle) cannot be applied in the case of:

if the establishment of such a restriction deprives the debtor of the main legal source of livelihood;
if the use of a car is the only means for the debtor and his family members living with him to ensure their livelihoods, taking into account the limited transport accessibility of their place of permanent residence;
if the debtor is disabled, or the debtor is dependent on a disabled person of group I or II or a disabled child;
if the amount of debt under the writ of execution does not exceed 10 thousand rubles;
if the debtor is granted a deferment or installment plan for fulfilling the requirements of the writ of execution.

In addition to those established by law, it is possible to take into account other reasons for reclassifying the punishment.

An example of appealing a court decision based on the presence of mitigating circumstances

The driver was stopped by a traffic police officer for driving into the oncoming lane. A protocol on deprivation was drawn up, which was satisfied by the magistrate's court.

The driver filed an appeal with the district court, arguing that the failure to comply with traffic rules was due to a rush due to the need to deliver his sick brother to the hospital as soon as possible.

As confirmation, the testimony of this relative was presented, as well as a medical certificate confirming the presence of the disease and the visit to the hospital on the specified day.

Taking into account the information received, the district court reviewed the case and replaced the deprivation with an administrative fine in the amount of 5 thousand rubles.

Grounds for canceling the decision of the magistrate

In an appeal against a decision to deprive a driver’s license, one cannot simply refer to the severity of the sentence or its inconsistency with the violation. The defendant must have compelling arguments to reconsider the case, which he must present. Lawyers highlight a number of points, the influence of which can save the driver’s license.

Errors when preparing materials regarding violations

You can challenge the deprivation of rights if the traffic police inspector incorrectly drew up a violation protocol. The absence of signatures or any data, empty mandatory columns are direct grounds for canceling a court decision. If a case has been opened due to drunk driving, then there is a chance to challenge the medical examination process.

Expiration of the statute of limitations for issuing a resolution

The magistrate has three months to consider the case on deprivation of the driver's license. The countdown begins from the moment the traffic police inspector draws up the protocol. If there is a delay of at least one day, you can appeal the decision and return your driver’s license.

When appealing a decision to deprive a driver’s license on this basis, it is necessary to take into account that other parameters apply for a number of articles. For some of them, the statute of limitations can reach up to one year.

Violations during the consideration of the case

It happens that decisions on deprivation of rights are made in absentia, without proper notification of the violator about the place and time of the meeting. If the court does not have evidence that the defendant was properly informed about the hearing and signed for it, procedural violations can be cited. Also, during the consideration of the case, the judge may unlawfully refuse to call witnesses, admit evidence, or order a demonstrative examination. All these are also grounds for challenging the decision. In such situations, it is best to file an appeal with the support of an attorney.

False information

Today, drivers are often deprived of their license based on evidence in the form of photographs or video footage. Such arguments may be appealed due to poor image quality. Due to ripples, blur, and distance, it is often impossible to accurately determine the license plate of the offender’s car, whether he was driving, or the circumstances of the incident.

Appealing a court decision based on the presence of mitigating circumstances

In a number of situations, you can count on a reduced sentence or its complete cancellation. In particular, if evidence is presented that the driver violated the rules due to force majeure, in order to prevent an accident or minimize the consequences of an accident. Also taken into account are cases where a citizen acted in violation of the law in order to deliver a patient to the hospital, and his maneuvers did not lead to negative consequences.

Procedure for appealing deprivation of rights

The appeal is carried out in the standard manner:

An application is submitted to a higher court, which presents the grounds for review of the case. The choice of court depends on the stage of the appeal. If the first appeal is filed against the decision of the magistrate, it is sent to the district court (first judicial instance). Next, in the order of appeal, the application is submitted to the Presidium of regional courts and, lastly, to the Supreme Court of the Russian Federation.
The higher court sets a date for a re-hearing , of which you will be notified in advance.
A new trial is being conducted, during which the newly discovered circumstances of the case are considered.
The judge of this instance makes a decision, which can also be appealed to a higher court if the driver has significant grounds for this.

Expert opinion

Zakharova Irina Avgustovna

In accordance with clause 1.1 of Art. 30.5 of the Code of Administrative Offenses, a complaint against a decision in a case of an administrative offense is considered by the court of appeal within two months from the date of its receipt with all the materials of the case.

Important! During the retrial, it is possible to order an additional investigation or an examination of the car.

When can you file a complaint?

The procedure for reviewing cases of administrative violations is regulated by Ch. 30 Code of Administrative Offences. In accordance with paragraph 1 of Art. 30.3 of this law, the period for appealing a court decision is 10 days from the date of receipt of a copy of the decision. If this deadline is violated, the judge has the right to reinstate it if he considers the reasons for missing to be valid.

If the petition to restore the appeal period is not satisfied, a corresponding decision is also made about this (Clause 1 of Article 30.3 of the Code of Administrative Offenses).

Time limits for consideration of complaints against a court order

The law also provides for a period within which an application for review must be considered. In accordance with paragraph 1.1 of Art. 30.5 of the Code of Administrative Offenses, a filed complaint must be considered no later than 2 months from the moment when all materials on the case were received by the court competent to consider this issue.

What documents need to be collected for an appeal?

To initiate the process, you must submit to the court:

A correctly completed complaint is drawn up in free form, like a standard claim.
A copy of the deprivation order that you received after the first consideration of the case.
Documents related to the case: diagram of the accident, certificate of accident, etc.
Motion to reinstate the appeal period if you file an appeal later than 10 days after receiving the order.
Power of attorney if a third party is acting on your behalf.

Expert opinion

German Ivanovich Amvrosov

More than 25 years of legal practice in law enforcement agencies and commercial structures.

The Code of Administrative Offenses of the Russian Federation does not require a copy of the resolution to be attached to the complaint, but it will not be superfluous.

How to file an appeal

The complaint is drawn up in free form. It is not sent to other participants and no state duty is paid on it. The standard document consists of the following parts:

“Hat” - in it you need to indicate the details of the judicial authority where the document is being submitted (the exact name can be taken from the deprivation order), information about the driver (full name, passport and contact information).
Document's name . Here you need to write that this is an appeal, and also indicate information about the decision made in the first instance: name of the court, date of the decision, details of the decision on deprivation (document number).
The main part, which includes the circumstances of stopping the driver by a traffic police officer, as well as an explanation of why he considers this decision unlawful.
Requirements indicating a request to reconsider the case in connection with the specified circumstances and make a fairer decision with the cancellation of the deprivation of rights.
List of attached documents in the form of a list. Here you need to take into account that during the appeal you cannot submit documents that were taken into account during the initial consideration of the case. The list should include only those evidence that was discovered after the decision was made or was not taken into account by the court in the first instance.
Certification of the document: date and signature of the applicant (driver or his representative).

The complaint can be submitted in person or sent by registered mail. In the second case, you must additionally enclose a list of documents and a delivery receipt in the envelope, and also keep the shipping receipt.

If there are no errors in the appeal, it will be accepted by the court for consideration. The countdown of the period for consideration of the complaint begins only after registration of the acceptance of the document in the court office.

Please note that the law does not provide for the return of a complaint - Art. 30.4 Code of Administrative Offenses of the Russian Federation.

Appeal in the case of deprivation of a driver's license

After the court makes a decision to temporarily restrict the right to drive a vehicle, the driver or his official representative has 10 days to appeal the verdict. The countdown of the period begins from the moment the citizen signs the notification of the decision. This can happen at the court secretariat or post office. If, within the established period, the violator did nothing to appeal the decision to deprive him of his driver’s license, then the document comes into force. After this, within three days he must hand over the document to the traffic police department to begin counting the sentence.

In rare cases, an appeal may be accepted even after the ten day period has expired. To do this, the court must provide documentary evidence of force majeure or illness of the defendant, due to which he did not meet the period allowed by law.

How to prepare for an appeal

The decision to restrict a citizen’s right to drive a vehicle is made by the court.
Usually such cases are considered by magistrates, less often by district or city judges. To appeal the deprivation of a driver’s license, you must also go to court, having first drawn up an appeal and collected a package of documents. Additionally, evidence should be prepared to support the defendant's claims to have the case reviewed. Initially, it is worth deciding on the type of complaint against the deprivation of rights decision. An appeal is filed if the defendant has new evidence of his innocence. It is submitted to the same authority in which the case was initially heard. A cassation appeal against deprivation of rights is filed if the convicted person disagrees with the punishment or is dissatisfied with the work of the court. It is submitted to higher judicial authorities.

Instructions for writing an appeal

A sample document can be found on the Internet, downloaded and filled out in accordance with the specifics of the situation. It indicates the name of the body to which the appeal is filed, data of all parties interested in considering the case. The number and date of the decision being appealed must be entered. Additional materials are attached to the document.

The correctness of the drafting of the complaint against the deprivation of rights depends on whether it will be accepted and considered at all. In many ways, the content of this paper will affect the final decision made by the court. The appeal document must clearly and in detail indicate the points with which the defendant disagrees and list the grounds for reviewing the case.

Sample appeal. Page 1

Sample appeal. Page 2

Sample appeal. Page 3

Providing evidence challenging a court decision

In accordance with Article 26.2 of the Code of Administrative Offenses, any data on the basis of which a judge can establish the fact of an offense, determine the guilt of a person subject to punishment, and also establish circumstances that are important for the correct resolution of the case can be recognized as evidence of an administrative offense.

In case of deprivation of rights, the following can be presented as evidence that may become the basis for review:

Witness testimony from the stop site.
Audio/video materials: recordings from a DVR, voice recorder, surveillance cameras, photographs from the scene of the event.
Errors in the protocol: inaccurate data on the driver or inspector, inaccuracy in the name of the city/region and other erroneous information.
Lack of information about the measuring instruments that were used for the examination: technical condition, manufacturer, valid certificate, data on special testing of the device.

Important! Even a small trifle can save you from becoming a pedestrian, so do not neglect any available data.

Who can appeal the decision other than the offender himself?

The driver can transfer the right to appeal a court decision to a trusted person if for some reason he cannot do this on his own. To do this, you need to issue a power of attorney and have it notarized. This document gives the right to represent the interests of the defendant in court, as well as to appeal the decision.

The role of the principal can be a car lawyer or any citizen who does not have a special education, but enjoys the trust of the defendant. The law also provides for the possibility of appealing a court decision by the prosecutor, who performs a supervisory function.

Article on the topic: Free online consultation with a car lawyer around the clock: Moscow, St. Petersburg, Nizhny Novgorod, Kazan and other regions. to a car lawyer now! + how much the services cost

Where to submit the package of documents for appeal?

The procedure for filing a complaint is regulated by Art. 30.2 Code of Administrative Offences. In accordance with paragraph 1 of this law, an appeal is filed with the court that issued the original deprivation decision. It will be registered by the secretary, and a copy of the complaint will be returned to you with a note of acceptance (full name and position of the person who accepted the document, as well as the date of acceptance).

The appeal will be sent to a higher court within 3 days from the moment of its registration (Clause 1 of Article 30.2 of the Administrative Code). Since the issue of deprivation of rights is considered in the magistrate's court, the appeal, as a rule, is sent to the district court of the same district.

To monitor the appeal process, call the court to which your application must be sent and check to see if they have received it. You can also independently transfer materials for appeal to a higher judicial authority, bypassing the court of first instance (clause 3 of Article 30.2 of the Administrative Code).

Important! According to paragraph 5 of Art. 30.2 of the Administrative Code, a complaint against a court decision on an administrative offense is not subject to state duty.

Time limits for considering a complaint against a court decision in an administrative case

Consideration of a complaint against a decision in a case of an administrative offense is carried out according to the rules set out in Chapter 30 of the Code of Administrative Offenses of the Russian Federation.

The complaint is considered by the court within 2 months. During this time, they conduct a comprehensive investigation and the case is considered in full. In this case, the arguments set out in the complaint against the decision of the magistrate’s court are taken into account.

What is the best thing to focus the court’s attention on and whether it is possible to cancel the decision to deprive a driver’s license, read further in the text.

Which complaint to file immediately - cassation or appeal? The procedure for appealing court decisions

First, you need to define the difference between these two types of complaints. The appeal implies that the case will be re-examined taking into account newly discovered circumstances. Thus, the validity and legality of the decision made by the court of first instance is checked.

As for the cassation appeal, it consists of checking the legality and contestability of the court decision. It turns out that this is a check of how much the trial court complied with all procedural norms. You can also file a cassation appeal if you consider deprivation to be too severe a punishment for your offense, and the court of first instance did not satisfy the appeal.

Thus, if you want to appeal the deprivation of your driver's license, you must first write an appeal and only then contact higher authorities.

An example of a sequential appeal of a court decision

Driver K. was stopped by traffic police for driving into the oncoming lane. The inspector issued a report on deprivation, which was satisfied by the magistrate's court.

Driver K. filed an appeal to the district court, in which he argued that the traffic violation was forced, and offered to listen to a witness who could confirm this fact.

In addition, he presented evidence of mitigating circumstances - he committed the offense in a state of strong emotional excitement (his father died on that day).

The district court did not accept the new circumstances in the case and left the magistrate's decision unchanged.

Then driver K. appealed to the regional court with a cassation, in which he indicated the circumstances under which the traffic rules were violated, as well as the violation of procedural norms by the court of first instance, which was expressed in the fact that witness testimony was not heard.

The applicant also attached a certificate from his place of work, a statement from a passenger confirming that the violation of the rules was related to a rush (they were going to the airport and were late for the plane) and a copy of the air ticket. After reconsidering the case, the complaint was upheld and the deprivation was replaced by an administrative fine in the amount of 5 thousand rubles.

Appeal at first instance - appeal

This is the first stage of appeal, where it must be taken into account that the deprivation order begins to take effect after the expiration of the period established for its appeal. In this case, it is 10 days from the date of the decision.

It is during this period that you can file an appeal and seek a review of your deprivation issue in the court of first instance. Initiation of the appeal procedure stops the period for the decision to enter into force until a decision is made on the submitted petition.

All this time you can use the vehicle (VV) without restrictions.

Thus, this type of complaint is filed against court decisions that have not yet entered into legal force. As a result of the review, one of the following decisions may be made:

The original decision remains unchanged, and the complaint is not satisfied. This means that your driver's license will be revoked.
On changing the resolution, if this does not increase the administrative punishment or otherwise worsen the position of the person in respect of whom the resolution was made.
A new decision is made, if the driver is not satisfied with it, it can also be appealed later.
On the cancellation of the decision and on the termination of proceedings in the case, as well as in the absence of proof of the circumstances on the basis of which the decision was made.
The case is again transferred to the magistrate's court after examining the complaint by a higher authority. There it is reviewed again taking into account new circumstances. In this case, reclassification of the punishment is possible.
The case is sent for consideration according to jurisdiction if, during the consideration of the complaint, it is established that the decision was made by an unauthorized judge, body, or official.

It is important to take into account that the period of deprivation of rights begins to be calculated from the moment the driver’s license is handed over to the traffic police. And since it will take at least a month to consider the appeal, if a negative decision is made on your issue, it turns out that you yourself are extending the period for which you will be in the status of a pedestrian. This is why it is important to only appeal if you are sure you have sufficient grounds to do so.

An example of deferring the start of execution of a sentence due to an appeal

By a decision of the Magistrate's Court dated March 22, 2016, citizen N. was deprived of the right to drive a vehicle for 14 months for driving into the oncoming lane. On March 25, 2016, he filed an appeal with the district court and tried to appeal this decision on the basis of incorrect classification of the offense.

He argued that driving into oncoming traffic was the end of the maneuver and required a review of the cases. As a result of an additional investigation, it was decided to leave the decision of the trial court unchanged.

This decision came into force immediately after its adoption on May 13, 2016. Taking into account the period of consideration of the appeal, as well as the time spent on additional investigation and re-trial, the period for calculating the deprivation of rights was suspended for almost 2 months.

Article on the topic: Duration of deprivation of a driver's license - when the execution of the punishment begins and what is an interruption in the calculation of terms

Appeal in the second instance - cassation

This type of complaint can be filed within six months from the date of the last consideration of the issue. The cassation appeal is sent to the Supreme Court of the constituent entity of the Russian Federation, for example, to the Presidium of the regional court.

The statement also requires indicating exactly how legal norms were violated during the consideration of the case. It is necessary to support the instructions with arguments confirming them. The cassation is submitted according to the number of participants in the process (a separate copy is made for each of them).

The following must be attached to the complaint:

A decision of a magistrate made in a case of an administrative offense.
A copy of the appeal ruling based on the results of consideration of the complaint, if such a decision was made.
A copy of the document that certifies the powers of the legal representative of the offender, a copy of the power of attorney or an order issued by the relevant legal entity that certifies the powers of the defense lawyer or representative, if the complaint is signed by these persons.
Copies of the complaint, the number of which corresponds to the number of other participants in the proceedings.

Each document must have a blue stamp confirming its validity and relevance.

The received complaint is submitted for consideration to a judge of a higher authority, who alone makes a decision on whether to accept the application or refuse it.

Important! The percentage of refusals to accept cassation appeals is quite high. Therefore, if your application is accepted, the chance of a decision in your favor increases significantly.

Appeal in third instance - supervisory complaint

The supervisory authority is the Supreme Court of the Russian Federation, where the complaint is sent directly by the driver himself or his legal representative. The basis for an appeal may be violations of a procedural nature committed during the consideration of the case by the courts of first and second instance.

The deadline for filing a complaint is 1 year from the date of the decision to reconsider the case.

Important! When appealing at this stage, the issue of the entry into force of the decision of the previous instance does not matter.

The complaint is drawn up in a standard manner, detailing the grounds for re-examining the case and providing supporting facts. Copies of decisions made on your issue earlier must be attached to the document.

The time for consideration of a complaint by a supervisory authority is no more than 1 month. The decision is made by the judge based on the reasons you presented in your application. According to the law, it is allowed to check the case in full in a supervisory manner, but in reality this rarely happens.

Often this authority is the last hope of citizens who are convinced that the ruling is unfair. There are actually many cases when the Supreme Court returns rights, so if appealing the deprivation by other means fails, an appeal to a higher court is justified.

When you are deprived of your license for alcohol intoxication

You cannot drink alcohol while driving. Moreover, it is advisable not to drive, even if you took part in a home or other celebration the day before. Due to the characteristics of the body, alcohol breakdown products can be excreted for several days, which will certainly be shown by the result of a medical examination or a breathalyzer of a traffic police inspector.

The law provides the following list of cases in which a driver’s license may be revoked for alcohol intoxication:

if the driver was stopped on the road, or after an accident, and the device detected a concentration of 0.16 milligrams per liter of exhaled air;
if the fact of drinking alcohol was detected directly while driving;
if the driver drank after an accident, when the mandatory procedural documents had not yet been completed;
if the legal request of the traffic police inspector was followed by a refusal to undergo an examination (such cases are fully equated by law to driving while drunk).

The concentration of alcohol in exhaled air vapor is not the only criterion for determining the state of intoxication. According to Art. 12.8 of the Code of Administrative Offenses of the Russian Federation specifies the maximum permissible content of ethyl alcohol in the blood - no more than 0.3 grams per liter. This indicator can only be determined in medical institutions based on the results of tests and clinical studies.

Legal advice.
To confirm or refute the fact of alcohol intoxication, the traffic police inspector has the right to offer to undergo an examination on the spot, or to go to the nearest hospital.
Unreasonable refusal of such procedures is immediately recorded in the act with the participation of witnesses. Since the punishment for refusing to take a test will be the same as for drinking alcohol while driving, we recommend that you always go through the required procedures. It is much easier to challenge the readings of a breathalyzer or the conclusion of doctors than to declare the drawing up of a refusal act illegal. Upon detection of alcohol in the driver’s exhaled air or blood, a protocol will be drawn up under Art. 18.8 Code of Administrative Offenses of the Russian Federation. The traffic police inspector does not have the right to confiscate the driver’s license, but is obliged to remove the driver from driving the car. If a potentially drunk driver fails to hand over the steering wheel to another person, the vehicle will be impounded and impounded. This is due to ensuring safety both for the driver himself and for other road users.

What to do if appealing decisions in all instances did not give a positive result

If appealing to the courts of all three instances does not give a positive result, you will be deprived of your driver's license for the period specified in the last decision. In this case, you will have to hand over your plastic card to the traffic police department and put the car in a garage or parking lot before the expiration of the deprivation period.

If you fail to appeal the decision, you can try to file a petition for non-deprivation. This is possible if, in addition to deprivation, another type of punishment is provided for this offense (for example, a fine). If the use of other measures in this case is impossible (for example, paragraph 3 of Article 12.10 of the Code of Administrative Offences), filing a petition can help reduce the period of deprivation to a minimum.

The application is sent to higher authorities. So, if all three types of complaints have already been filed, then this petition for non-deprivation or mitigation of punishment is submitted to the Supreme Court of the Russian Federation.

Article on the topic: Responsibility for driving without a license after deprivation - analysis of specific situations + what to do if you are stopped and don’t have a license

Let's sum it up

So, the options for appealing a decision on deprivation of rights and the features of the procedure are as follows:

Filing an appeal to the district court within 10 days from the date of the decision by the magistrate.
Filing a cassation appeal to a regional court or the Supreme Court of a constituent entity of the Russian Federation within six months after an unsuccessful attempt to appeal in the first instance.
Filing a supervisory appeal to the Supreme Court of the Russian Federation within 1 year from the issuance of the last decision, if other methods of challenging the court decision have failed.
If you missed the appeal deadline , it may be reinstated . The decision is made by the court hearing the case.
When appealing, you only need to indicate additional circumstances that confirm the possibility of reclassifying the punishment or its cancellation.
Preparation for an appeal should begin from the moment you meet with the inspector ; any little thing that you record can help avoid deprivation.

Collection of documents for the court

The judge makes a decision on deprivation of rights for drunkenness based on the entirety of the case materials presented by the road inspector and the driver himself. Testimony from eyewitnesses to the event is often used. What documents are we talking about?

Protocol for suspension from driving a vehicle. Always written out in the presence of two eyewitnesses (witnesses);
Certificate of medical examination for the fact of alcohol intoxication with printouts of the results. This may be an examination carried out by an inspector at the site of the stop using a breathalyzer, or an examination in a specialized medical institution;
Vehicle detention protocol;
Protocol on administrative violation;
Protocol for sending the driver for a medical examination to a special institution;
Copies of written testimony, testimony of witnesses, report of a traffic police officer.

During court proceedings, you can submit a request to familiarize yourself with the case materials at any time. All documents will be presented by the court to the interested party.