Is there a statute of limitations for revocation of a driver's license for drunkenness?

Procedure for deprivation of rights for drunkenness

Driving a vehicle while intoxicated is unacceptable. Due to the negligence of one person, other people may suffer. You will also be subject to the deprivation of your driver's license for alcohol and the imposition of fines. If the driver has not previously noticed such inappropriate behavior, he can be fined thirty thousand rubles and deprived of his license for a couple of years - it all depends on the specific circumstances.

In case of repeated violation, the terms of deprivation of a driver's license in court may increase. And the fine can rise to fifty thousand. Criminal penalties for drunk driving are now becoming common. If it involves causing serious physical harm to other citizens, the perpetrator may be given a prison term of two to nine years.

Reasons for deprivation

To operate and drive a car in the Russian Federation, you must have a driver's license with the appropriate categories (must be open).

The absence of this implies the absence of a legal right to operate a technical device. There are many different categories of cars.

AND IN ACCORDANCE WITH THE LEGISLATION, INSPECTORS HAVE THE RIGHT TO DRAFT A PROTOCOL ON VIOLATIONS. ACCORDING TO SUCH, THE DRIVER IS SIMPLY SUSPENSED FROM DRIVING THE VEHICLE FOR A CERTAIN PERIOD OF TIME.

There is a wide list of grounds for seizure of a driver's license in court. A detailed list of this type of grounds is indicated in the Code of Administrative Offenses of the Russian Federation.

Very often, the reason for the confiscation of a driver's license, evacuation of a car and removal from control of a citizen of the Russian Federation or who is not one is:

• while driving a car, the citizen is under the influence of toxicological/drug/alcohol intoxication - in this case, imprisonment is implied for 1.5-2 years;
• carrying out the process of transferring control to a person who is intoxicated;
• the inspector found a repeated violation of the above rules - a punishment was imposed in the form of deprivation of a driver’s license for a period of up to 36 months;
• failure to comply with the legal requirement of traffic police officers to undergo a medical examination in accordance with the protocol - confiscation for 1.5-3 years.

There are quite a few specific points regarding the preparation of the survey. That is why it will be necessary to familiarize yourself with all of them.

First of all, it should be remembered that if the driver does not agree with the medical examination or the traffic police officers, then he has the right to carry out the process of challenging the relevant provision. This will prevent many complications and difficulties.

It is important to note that intoxication does not only mean being under the influence of alcohol. But also the use of narcotic and other intoxicating substances while driving.

DRIVERS SHOULD CHECK OUT IN ADVANCE WHICH VIOLATIONS CARRY THE CORRESPONDING VIOLATIONS.

This will avoid many difficulties and complications. First of all - certain types of punishments. Compliance with traffic rules is the key to avoiding problems on the road.

The statute of limitations for revocation of a driver's license for drunkenness has a maximum period. But relatively recently, a proposal was made according to which it is possible to be imprisoned for certain traffic violations for the rest of your life.

ACCORDINGLY, IT IS NECESSARY TO WORK THIS POINT IN ADVANCE. SOME TRAFFIC VIOLATIONS IMPLY TERMINATION OF YOUR DRIVING LICENSE.

The list of such violations includes several dozen items:

• absence of a registration plate on the vehicle or deliberate damage to it to make it difficult to read;
• use of unreliable, deliberately altered registration numbers on cars;
• use of red/blue lighting equipment;
• use of special-purpose sound and lighting equipment without permission.

A separate category is violation of the speed limit. Typically, the fine is several hundred rubles.

But if there is a significant gap between the actual and permissible speed, a more serious punishment is possible. It may be accompanied by deprivation of the right to drive a vehicle.

Such violations today include the following:

Since relatively recently, traffic police officers have no right to confiscate licenses on the spot. Only the judiciary has such powers.

To confiscate a driver's license, you will need a corresponding court order. Moreover, the countdown of the time of deprivation will not begin from the moment it is imposed. But from the date when the driver hands over his license to the traffic police.

Today there is quite an extensive practice regarding the return of a driver's license.

It is important to note that if the traffic police officers made an appropriate decision to draw up a protocol, then the court will take their side in almost 100% of cases.

It will be extremely difficult to challenge such a decision. That is why you should carefully understand all the subtleties and nuances in advance. This will prevent many complications and difficulties.

What is the cost of studying for a driver's license is described in the article: the cost of studying for a driver's license. How to pass a medical examination to obtain a driver's license, read here.

Is it possible to win a court case against deprivation of rights for drunkenness?

This is a common question that our administrative law attorneys must answer:

1. If procedural violations were committed during registration, the driver can count on the return of the right to drive freely. But proving the innocence of a particular citizen is not very easy without the help of an experienced specialist. Reliable and effective assistance from a driver's license lawyer is relevant if they are trying to take away your license for residual ethanol found in the blood, when consuming alcoholic beverages the day before the accident, and other conditions. A competent lawyer will find a lot of mitigating circumstances and help you preserve your rights or return them through a complaint against the decision of a judge in an administrative case in court.
2. To challenge the legality of the actions of the traffic police and the police, you should go to court with the necessary package of documents or use the services of our experienced legal specialist.

What to say in court when you are deprived of your license for alcohol?

It all depends on the actual circumstances. The court will ask the traffic police inspector to attend the trial. You have the opportunity to ask him questions. For example, traffic police inspectors rarely bother to familiarize you with your rights. Ask him a question: did he familiarize you with your rights? And with which ones exactly? In addition, ask the same from witnesses. It is also necessary to ask questions about how exactly your vehicle was stopped by the traffic police inspector, who exactly did it, the vehicle is not always stopped by an authorized person.

In general, the more questions you ask, the more likely you are to confuse the inspector. Inconsistencies in the testimony of the traffic police inspector, witnesses, and witnesses can work to your advantage.

If all the evidence points to your guilt, it is better to confess; such a confession can at least reduce the term of your administrative punishment.

How to appeal a court decision?

The driver is not always satisfied with the decision of the judicial authorities. A decision made that is not in his favor should not serve as a basis for giving up. Many drivers, having visited a forum dedicated to this topic, decide to continue to fight for the restoration of justice.

First of all, you need to visit a lawyer and find out the legal basis for appealing the case. Next, a complaint is drawn up and submitted to the district or regional court. If the decision to deprive the rights was made by a magistrate, then the appeal should be sent to the district judicial authority. When the case was heard in the district court, you need to complain to the regional authority. You can, within 3 days from the date of the decision, send a complaint to the court that made the wrong decision, in the opinion of the accused. The judicial authorities will forward the appeal to a higher authority. The driver can also immediately, bypassing intermediaries, appeal to a higher court. The party who disagrees with the court ruling has 10 days to appeal the decision. Within 2 months, the court must consider the complaint and make a decision on it.

ATTENTION !!! The driver should also take care that there are reasons that would allow the judge to impose a lenient sentence on the guilty party.

Among them may be:

• disability of the driver or his family members,
• the need to care for elderly parents, minor children or other dependent persons,
• evidence that the car is the only source of family income, the deprivation of which will lead to dire consequences.

The accused may also use evidence that there were circumstances that directly influenced the driving of the car.

Among them we can mention:

• lack of warning signs,
• poor quality of the road surface,
• untreated road during icy conditions,
• traffic light malfunction,
• unlawful actions of workers on the roadway and many other factors.

If the driver proves that he simply had no other choice, then, for example, the punishment for driving into the oncoming lane will be minimal.

Disqualification period for driving while intoxicated

For drunk driving, a person can be fined 30,000 rubles and deprived of the right to drive vehicles for a period of eighteen to twenty-four months . At the same time, the specified period is influenced by many factors, such as:

1. Difficult personal experiences, incl. problems of a family, household, work nature
2. Good reference from neighbors, employer, teacher (teacher)
3. Voluntary recognition of a committed unlawful act
4. Other circumstances, the list of mitigating circumstances is not exhaustive

However, the presence of the above circumstances means nothing if you presented them to the court incorrectly. References to such circumstances before the court must be submitted in the correct order, well reasoned, and proven.

Responsibility for violation of the payment period

According to Article 20.25 of the Code of Administrative Offenses, in case of non-payment of the fine, the following penalties are applied to the violator:

• increase in size by 2 times (not less than 1000 rubles);
• arrest for 15 days;
• compulsory work up to 50 hours.

It is important to know! Deprivation of a driver's license is not included in the list of penalties.

A person driving a vehicle is responsible not only for himself, but also for his passengers, pedestrians and other road users. Its main task is to be guided by the rules established by law. If an offense has been committed, then repayment of the amount before the expiration of the statute of limitations for traffic police fines is a mandatory condition for justifying guilty behavior.

Punishment for repeated deprivation of license for drunkenness

What is needed, in the opinion of the legislator, in order to bring some sense to a person who has once been brought to administrative responsibility for driving while intoxicated? We think you already understand - criminal liability, probably prison.

What is needed, in your opinion, to avoid this? We think that, like last time, you have already guessed - to defend yourself fiercely, with sweat and blood.

Thus, criminal liability for this criminal act provides for:

• imprisonment for 2 years;
• or forced labor for a period of up to four hundred eighty hours;
• or compulsory labor for up to two years (correctional colony);
• or a fine from 200,000 to 400,000 rubles.

In addition to having a criminal record, probable imprisonment or restriction of freedom, as well as a possible fine, you will have to deal with incredibly “nice” people, in the person of law enforcement and penitentiary systems employees.

Therefore, taking into account the above, we strongly advise you to go into battle not alone, but together with our professional lawyers who will seek the least punishment or acquittal, see more details VIDEO on defense:

Deadlines for payment of fines

During the entire period of driving a car, many motorists have encountered a situation where they violated traffic rules. A police officer’s report drawn up upon the identification of a person’s illegal actions is the basis for imposing punishment.

Actions after a traffic police stop:

1. A copy of the resolution with the signature of the violator remains with the citizen, and the original, along with the case materials, is sent to the court to make a decision on the guilt or innocence of the person.
2. The consideration of the issue is carried out by a judicial authority with an invitation to the owner of the transport to protect his rights (his failure to appear is regarded as disinterest in resolving the current situation). The plaintiff, represented by the Department of Internal Affairs, attaches all evidence indicating guilt (photo recording, video recording).
3. The decision made is formalized in the form of a resolution to pay a fine, which is mandatory for the violator.
4. In case of failure to deposit money within the statute of limitations for administrative offenses of the State Traffic Safety Inspectorate, the applicant collects the debt through the court.
5. The verdict on the need for forced payment of the amount by the guilty person is sent to the bailiff service. They can seize the defendant’s accounts, restrict the right to leave the country, search for him through the Ministry of Internal Affairs, and send a writ of execution to the place of official employment. This regulatory body is obliged to ensure the execution of the court decision and assists the traffic police in collecting the debt.

It is important to know! The issue of debt collection concerns not only motorists, but also pedestrians, who in some situations are also the culprits of traffic violations.

Grace period

From January 1, 2021, when a violation of the law in the field of traffic rules is established, citizens are issued a receipt indicating the amount to be paid. At the bottom of the document there is an inscription about the validity of the grace period. If a person pays it in a short time, the amount of payment will be 50% less (according to Article 32.2 of the Administrative Code, 20 calendar days). Calculation is carried out from the moment of receipt of the ruling document on unlawful actions.

There is a list of acts that do not fall under this rule:

• the fact of driving a vehicle not registered with the traffic police;
• driving while intoxicated;
• violation of the speed limit repeatedly;
• driving through a red traffic light;
• causing harm to health in an accident;
• driving a car without a license;
• driving into the oncoming lane.

If a person committed an offense a second time, but in the first case paid a fine using an exemption, the 20-day period will not apply.

Main time

Before the start of the limitation period for administrative offenses, the citizen is given a main period to pay the amount. From January 1, 2021, it is 60 calendar days. A motorist who does not consider himself guilty has a period of 10 days to appeal the decision. If the violator has sent an application to the court to declare it invalid, the deadline is extended until a final decision is made.

It is important to know! Thus, the starting point is the day the resolution document comes into force, and another 10 days are added to the 60 days, during which the actions of the police can be appealed.

Statute of limitations for deprivation of rights for drunkenness

In order for you to be held administratively liable for driving a vehicle while intoxicated, no more than three months must pass from the moment of commission of the act to the entry into force of the decision in the administrative offense case. If you miss the specified period, you cannot be brought to administrative responsibility for driving a vehicle while intoxicated.

Just imagine, first the employee needs to draw up a report on an administrative offense, a medical examination report, a report on suspension from driving a vehicle. Then all this needs to be agreed upon with the head of the traffic police department. Then send all these documents to the court, although this often happens by mail. After which the court needs to accept these documents for administrative proceedings.

Then the court needs to notify the offender about the upcoming court hearing, which also needs to be held. These procedural actions take approximately one and a half to two months from the moment of the violation itself. So, you, like the court, have about a month. Well, you can suddenly catch a cold, thereby losing the opportunity to participate in the trial.

In general, there are a great many reasons to delay the court’s decision on our case; it all depends on the imagination and procedural maneuvering skills of your Defender.

Limitation periods

Once the statute of limitations has expired, the offender cannot be held accountable. This period varies for each offense within a fairly wide range. In case of an administrative offense, a person can be held accountable only within 3 months, but there are a number of exceptions to this rule. For some offenses the statute of limitations is 1 year.

These include situations:

• when a traffic violation resulted in harm to the health of one of the participants in the accident,
• if the driver refuses a medical examination,
• when transferring control to a person under the influence of alcohol,
• when the accident resulted in the death of a person or several persons,

How to get your license back after being revoked for drunkenness?

You can return your driver's license the next day after the expiration of the administrative penalty. However, before going to the traffic police department, you must go through the following procedures:

• Pay all traffic fines, i.e. not only a fine imposed by the court, but also fines, say, for exceeding the speed limit;
• Pass the test on knowledge of traffic rules
• Pass a medical examination

We also draw your attention to the fact that you can return your rights, subject to the above procedures, on the day you contact the Traffic Inspectorate located at the place of execution of the administrative penalty. However, you can contact another traffic police department, but in this case you will only be able to obtain a license after thirty days.

Changes in legislation

There are a number of traffic violations for which the punishment has been toughened, and the statute of limitations for them has been extended to one year. We are talking about the following offenses:

• driving while intoxicated;
• if the accident caused harm to health (mild or moderate severity);
• if the driver refuses the medical examination procedure.

The driver can suspend the statute of limitations by requesting consideration of the case at the place of registration. Today, the procedure for deprivation of rights can take place without the presence of the driver, hence the conclusion that there is no point in avoiding receiving a summons; all a citizen can do is search for methods and ways to challenge the decision of the traffic police officer.

Absentee deprivation - how does it happen?

The main reasons for making a default decision to revoke a driver’s license:

• the offender received notice after the case was considered in court;
• the notification was not received at all;
• lack of materials in the judicial authority for this region.

In case of violation of the statute of limitations and in the presence of serious, documented reasons, immediately after a decision is made to extend the period for consideration of the claim, the case may be transferred to a higher court.

Deprivation of rights case: does it make sense to suspend or extend the statute of limitations?

Based on what was written above, we see that such a serious method of punishment is used only in the case of truly serious offenses. It makes no sense to try to delay the deadlines and miss the statute of limitations for an offense if the very fact of its existence has already been established, and irrefutable evidence, witness testimony, etc. has been collected.

Moreover, it is not even reasonable. For example, everyone knows that driving a vehicle while intoxicated is a very serious offense, which is recorded by the citizen undergoing a medical examination procedure.

By using various methods to avoid trial, and thus delaying the entry into force of the court's decision, you are extending your sentence. It will be much more effective to search for evidence of your innocence, as well as collect facts that mitigate the punishment or allow you to reclassify the violation. To do this, carefully study the protocol of the traffic police inspector drawn up at the scene of the incident. The human factor can never be ruled out, so be careful, it can play into your hands.

If at the time of the commission of the offense you were on duty, use the opportunity to file a petition on behalf of your organization not to deprive your driver’s license; often such petitions alleviate the situation and reclassify the offense under another article of the Code of Administrative Offenses of the Russian Federation.

Retaking the exam for deprivation of license for drunkenness

You can retake the exam after half the period of deprivation of your driver's license has expired. However, this does not mean that you will immediately receive your license. This means that you can retake the theory in advance so as not to waste time later on getting your driver's license back.

In general, the procedure for passing a theoretical exam on knowledge of traffic rules is no different from the usual passing of the said exam.

• First, you need to come to the traffic police department with your passport in hand. And apply for a state exam on knowledge of traffic rules.
• After some time, you will be informed about the date of the exam.
• At the appointed time, you come to the same department and take the exam.

If you fail the test, you can apply to test your knowledge of traffic rules seven days after failure.

Is there a statute of limitations for revocation of a driver's license in 2021?

Drivers deprived of their right to drive a vehicle are divided into two categories. Some – the more law-abiding – voluntarily hand over their driver’s document to the traffic police and wait for the end of their sentence. Others do not want to put up with the current situation and are looking for ways to avoid responsibility. As a result, many believe that they can simply wait until the statute of limitations for revocation of a driver’s license expires. We'll tell you why you shouldn't do this in our article.

If the driver does not transfer his license to the traffic police within the prescribed period, the decision is still considered accepted for execution. According to the new rules, it will be in force until the driver’s license is confiscated - it is from this moment that the period of deprivation begins to be calculated.