Deprived of license while intoxicated and fined 30,000 rubles. 2 years have passed. Can I not pay the fine and take away my license? Can they be canceled or has the statute of limitations passed? - Lawyer in Samara and Moscow

What is the deadline for paying a fine of 30,000 rubles?

The imposed administrative fine of 30,000 rubles must be paid no later than 60 days from the date of entry into force of the court decision. The resolution comes into force 10 days from the date of its adoption.

If the order is not served due to the absence of the addressee at the place of residence, then it is considered served from the moment the postman’s notification is returned to the court. The time limit is not affected by the fact that the decision was served. But failure to receive a resolution may serve as a valid reason for requesting a deferment or installment plan.

The fine for deprivation of rights of 30,000 rubles is not subject to “lenient” conditions with a 50% discount. Therefore, if you think that you can pay a fine for deprivation of rights at a discount in the first 20 days or even immediately after issuance, you are deeply mistaken. The amount must be paid in full, otherwise the collection will not be considered repaid.

Deadlines for paying a fine for deprivation of rights while intoxicated

The amount of penalties is determined by the magistrate. Along with the decision on monetary punishment, the judge decides to deprive the license of the violating driver who was caught driving while intoxicated. From the moment the court decision comes into force, the countdown of the time allotted for paying the fine begins.

There are three options for starting the countdown:

the resolution was issued in the courtroom personally to the perpetrator - 10 working days after delivery.
the resolution was sent by mail - 10 days after delivery of the letter;
the letter was returned unreceived; it is registered in the office - 10 days after registration.

Note!
If the decision is appealed, then immediately after the judge announces the decision in the courtroom.

In order to know exactly the time of transfer of the driver’s license to the traffic police, you should contact the court office for clarification. The resolution specifies the period allotted for payment of a fine for deprivation of rights in the amount of 3,000 rubles. 60 days are allotted for voluntary repayment. The culprit is given 70 days to independently repay the debt.

What happens if you don't pay the fine on time?

For defaulters who are late in paying the fine imposed upon deprivation of rights, the punishment is more than severe.

If within 60 days from the date of entry into force of the resolution the amount of funds does not go to the budget, then after about 5-10 days the documents will be transferred to the FSPP for forced collection and application of other sanctions. The bailiffs will “spin” the proceedings in 10 days, and now a number of even more serious problems are hanging over the debtor.

Additionally, in case of prolonged failure to pay an administrative fine, the defaulter faces:

Collection of an enforcement fee from him in the amount of at least 1,000 rubles;
Imposition of an administrative penalty under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation for failure to pay a fine on time, which is either double the fine or 15 days of arrest at the discretion of the judge, taking into account the opinion of the defaulter. However, this does not exempt you from paying a fine of 30,000 rubles!
Optionally under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, compulsory labor for up to 50 hours may be imposed instead of arrest or a double fine.
Restriction of travel abroad, which will not have the most pleasant effect on your planned and already prepaid vacation.
It is impossible to get a driver's license back if the period of deprivation has expired, but the fine has not yet been canceled.

Note: Often those who fail to pay fines end up in real bondage. First, they were given a fine of 30,000 rubles. Then the fine doubles to 60,000 rubles. And then, if 60,000 rubles are not repaid, the defaulter is again charged at 20.25 and another double fine is imposed. So, in six months, the amount of debt to the state can increase from 30 to 200 thousand rubles.

The police, however, do not shy away from setting up drivers to get a fine:

What happens if you don’t pay a fine when you lose your license?

After 70 days (maximum period), traffic police officers make a decision within 10 days to forcefully collect the amount of the debt. To execute the sentence, the case is sent to the executive service.

For late payment, the intention to avoid a fine, the violator faces liability under Article 20.25, Part 1 of the Code of Administrative Offenses of the Russian Federation.

The Code of Administrative Offenses for failure to pay a fine defines three types of punishment:

№	Type of punishment	Peculiarities
1	Additional fine	Double amount of the principal amount is assigned
2	Administrative arrest	The Code of Administrative Offenses determined 15 days of arrest
3	Purpose of public works	Period up to 120 hours. The duration of the deprivation is about 2.5 months. Working hours cannot exceed 12 hours per week.

On a note!
Arrest is an extreme measure that is applicable only to persistent defaulters.

If you do not end up paying a double fine of 60,000 instead of the initial 30,000, then in addition to deprivation of your license for two years, certain negative consequences will occur for the driver. As part of the execution of the decision to collect the main and additional debt, the following measures may be taken:

seizure of property;
restrictions on travel abroad;
seizure of a bank account.

Common Myths

An insufficiently high level of legal literacy, the formalism of court workers and the low qualifications of various novice car lawyers have led to the birth of many myths about how not to pay a fine of 30,000 rubles or what the consequences of this are.

We will try to destroy the most popular of them in order to help drivers who violate traffic rules avoid even more unpleasant sanctions.

You don’t have to pay a fine for drunkenness, the bailiffs will issue an arrest and that’s it!

Complete nonsense. Firstly, bailiffs do not issue an arrest - this is the competence of the court. Secondly, being charged under 20.25 of the Code of Administrative Offenses of the Russian Federation for non-payment of a fine does not relieve one from the obligation to cover this same fine, and at the same time a new one - it can also be imposed.

In addition, the arrest is not given at the request of the defaulter (although this is also taken into account), but taking into account the circumstances of his case.

If a fine of 30,000 rubles is not paid on time, arrest is imposed:

Persons who do not have a regular income and are unable to cover a repeated fine;
Persons without permanent residence;
In exceptional cases, taking into account the position of the defaulter.

However, arrest will not be granted if the person who has not paid the fine has health problems that preclude serving the fine. Also, arrest for failure to pay a fine of 30 thousand rubles is not imposed on pregnant women and minors.

You don’t have to pay a fine of 30,000 rubles, but after two years the statute of limitations will expire

Yes, there really is a deadline for collecting a fine - it is 2 years. Two years have passed and recovery is impossible.

But for these 2 years, the debtor’s life will turn into hell, because in addition to the sanctions under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation (which also need to be paid, served time or worked!), bailiffs can seize accounts, a car, other property and put it up for auction.

In the conditions of modern Russia, it is impossible to get lost for 2 years with an unpaid fine just to avoid paying it.

You can pay 30,000 in installments, even if the term has expired

Possibly before the maturity date. Then, in any case, the bailiffs will open a case for non-payment of the fine (yes, yes, again 20.25 of the Code of Administrative Offenses of the Russian Federation) and impose a double fine of the unpaid amount.

IMPORTANT : Do not forget about the human factor - every 5th fine is “lost” in the web of the banking system, and the payer has to prove his case with receipts and running around the authorities. And multiple transfers in parts do not guarantee that they will reach the recipient.

What happens if you don’t pay a fine of 30,000 rubles on time? for deprivation of rights

If the fine is not paid on time, then according to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, for unpaid penalties:

A new penalty is imposed in the amount of double the amount of the previous fine, not less than 1000 rubles.
The violator may be subject to compulsory labor for up to 50 hours;
Subject to administrative arrest for up to 15 days.

In what order does this happen:

The judge ordered punitive damages.
The offender is notified of this.
The resolution comes into force.
The 60 day countdown begins.
If the fine is not paid during this period, the court office sends a decision to the bailiffs to forcefully collect the money.
Proceedings are initiated to collect the debt and, in accordance with Part 1 of Art. 20.25 of the Code of Administrative Offenses, a protocol on delay is drawn up and submitted to the magistrate.

Note!
If penalties are re-imposed, the first ones will not be cancelled. And as a result, a drunk driver is obliged to pay not 30 thousand rubles, but 90 thousand rubles.

The violator, according to Part 3 of Art. 112 of the Law on Enforcement Proceedings, is obliged to pay an enforcement fee, which is equal to 7% of the accrued amount, but not less than 1 thousand rubles. for a citizen and at least 10 thousand rubles. - for the organization.

Each subsequent accrued and unpaid fine is also regulated by Part 1 of Article 20.25 of the Code of Administrative Offenses.

The debt must be paid within 60 days, and not a day later. Otherwise, even if payment has been made in full, the violator will be fined again.

Is it possible to return your license after deprivation without paying a fine of 30,000 rubles?

No you can not. The administrative regulations for issuing driver's licenses after deprivation of rights, as well as the provisions of the administrative code regarding the execution of penalties in the form of a fine, prohibit the return of a license to a driver who has not paid the fine.

Auto photo: Ärzte Zeitung

You can take an exam on your knowledge of traffic rules, collect all the papers, but if the fine of 30,000 is not paid, you cannot return your license until it is paid in full. Judicial practice in this area is clear: there are no cases of forcing the traffic police to issue a license if the driver has not paid 30,000 rubles.

If there is no money to pay the fine, what should you do?

Are you given a fine of 30,000 rubles, but you don’t have the money to pay it? This will not save you from having to contribute your hard-earned funds to the state. But you can ask the court for a deferment or installment plan for the execution of the penalty in the form of a fine.

The financial situation of many drivers does not allow them to easily and without damage to the budget pay the thirty thousand fine imposed upon deprivation of their license. But hiding from recovery and waiting for new sanctions is not an option. The possibility of deferment or installment payment of the fine, regulated by Art. 31.5 Code of Administrative Offenses of the Russian Federation.

Deferment of a fine is a shift in the deadline for payment of a fine by the requested period of time or by a court decision. In practice, the duration of the deferment hardly exceeds 60 days, which, in addition to the two months already available by law, helps many drivers avoid unnecessary sanctions and overpayments.

Installment payment of a fine is a schedule established by the court for repaying a fine of 30,000 rubles in installments. Approximate or clear repayment dates are set by the court at its discretion, but taking into account the position of the person fined. The maximum duration of the installment plan usually does not exceed 90 days, but in the most exceptional cases the court may (but is not obliged!) agree to a meeting and establish a longer payment period.

Didn’t pay a fine of 30,000 rubles for deprivation of rights: what to do?

Among the most severe penalties for violating traffic rules, in addition to deprivation of the right to drive a car, the leading one is a fine of 30,000 rubles.

Why can there be an administrative fine in the traffic police of 30,000 rubles?

This sanction is imposed simultaneously with the deprivation of a driver's license for driving a car while intoxicated, as well as for refusing to undergo a medical examination for drunkenness or transferring control of the vehicle to a drunk driver.

Driving while intoxicated is Article 12.8 of the Code of the Russian Federation on Administrative Violations.

Since the amount of a fine of 30,000 rubles for most drivers is very significant, and even exceeds the family’s income for 1-2 months, not all drivers pay such a substantial fine when deprived of their license in a timely manner. The most dangerous thing is when the violator avoids paying this fine in every possible way, only aggravating his already sad situation.

IMPORTANT : For these violations, a fine is imposed only in close connection with the deprivation of the right to drive. The choice in imposing a fine or arrest is allowed only in cases of driving a vehicle by a person deprived of a driver’s license, who cannot be deprived of something that he already does not have (Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).

What is the deadline for paying a fine of 30,000 rubles?

Who imposes a fine of 30,000 rubles?

All offenses where the sanction is deprivation of a driver’s license are subject to consideration only and exclusively by the court. “Drunk” cases are considered by magistrates at the place where the violation was committed or at the place of residence of the offender, if he makes such a request. Police officers do not issue such fines.

What happens if you don't pay the fine on time?

For defaulters who are late in paying the fine imposed upon deprivation of rights, the punishment is more than severe.

Additionally, in case of prolonged failure to pay an administrative fine, the defaulter faces:

Collection of an enforcement fee from him in the amount of at least 1,000 rubles;
Imposition of an administrative penalty under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation for failure to pay a fine on time, which is either double the fine or 15 days of arrest at the discretion of the judge, taking into account the opinion of the defaulter. However, this does not exempt you from paying a fine of 30,000 rubles!
Optionally under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, compulsory labor for up to 50 hours may be imposed instead of arrest or a double fine.
Restriction of travel abroad, which will not have the most pleasant effect on your planned and already prepaid vacation.
It is impossible to get a driver's license back if the period of deprivation has expired, but the fine has not yet been canceled.

The police, however, do not shy away from setting up drivers to get a fine:

Common Myths

We will try to destroy the most popular of them in order to help drivers who violate traffic rules avoid even more unpleasant sanctions.

You don’t have to pay a fine for drunkenness, the bailiffs will issue an arrest and that’s it!

In addition, the arrest is not given at the request of the defaulter (although this is also taken into account), but taking into account the circumstances of his case.

Is it possible and how can I get a deferment or installment plan for a fine of 30,000 rubles?

Yes, you can. A person who has been brought or has already been brought to administrative responsibility has two options for obtaining a deferment or installment plan for the fine:

In court when making an administrative decision . If you admit guilt or understand that punishment cannot be avoided, apply for an installment plan or deferment of the fine. The judge will most likely grant it if you have extenuating circumstances and they deserve leniency.
After the resolution comes into force . If you understand that you cannot pay the fine within the legal 60 days, contact the same court with a request for a deferment or installment plan. If it is refused, the court verdict can be appealed to the district court. Also, an application can be submitted after the expiration of the 60-day period prescribed by law.

They don’t just give a deferment or installment plan for a fine. You need good reasons for not paying the thirty thousand fine on time, and the person held accountable will have to prove them.

In each case, the evidence is individual. Below are examples of typical circumstances:

Having other fines, debts or loans. Confirmed by relevant certificates and other documents. In this case, the court will pay attention to the real need for these loans. If, for example, after the ruling was made, an expensive phone was purchased on credit, the court is unlikely to consider this a reasonable basis.
The presence of dependents, the need for additional funds for them. Is your child or wife on maternity leave sick? Provide medical documents, family composition certificates and information about current expenses.
Unforeseen and difficult life circumstances: job loss, serious illness, accident. All this needs to be documented.
Lack of a permanent source of income. A certificate from your last place of work, a copy of your employment record, or information from the employment center about your registration are suitable as evidence.
A difficult financial situation caused both by specific circumstances and by a generally low level of income.

IMPORTANT : Remember that installment or deferment is not the obligation of the court, but only the right to help the offender pay the fine. If you have 10 loans for meaningless purposes, then the court is unlikely to take your side and give you additional time to pay the fine.

What happens if you don’t pay a fine of 30,000 for deprivation of rights?

One of the most severe administrative penalties for undisciplined drivers is traditionally the standard procedure in the form of deprivation of rights and the imposition of a hefty fine . You will read in this article how to act in this situation in order not to fall under even stricter sanctions from the state and not to provoke an excessive burden on your budget.

The recommended material will also help clarify important legal nuances and find out when you can pay only half the amount. In 2020, the fine for deprivation of rights while driving while intoxicated is paid in several ways - all available options are listed at the end of the text.

Deadlines for paying a fine for deprivation of rights while intoxicated

The financial part of the punishment is determined by the judge . He is also authorized to deprive of rights, and carries out this procedure in parallel with the imposition of a fine. As a result, the countdown for paying a fine for deprivation of a driver’s license after driving while intoxicated begins from the day the judge’s decision comes into force .

This happens in three ways:

When delivering the order to the offender in the courtroom - after 10 days (excluding weekends) from the date of delivery.

When sending a judicial act by mail by registered mail - upon receipt of such - after the same 10 days . When returning an unreceived letter - 10 days from the date of registration by the court office .
When appealing in an appellate court - immediately, on the day the decision is made by the judge of the district or city court.

The deadline for the decision to enter into force in the magistrate’s court is counted taking into account holidays and days off - Sunday . So it would not be superfluous to check in detail with the secretary exactly when the driver’s license is transferred to the traffic police department.

The operative part of the judge’s ruling specifies the period within which the fine of 30,000 rubles issued for deprivation of rights must be paid. The period for voluntary fulfillment of this obligation is 60 days from the date the resolution enters into legal force.

It is easy to calculate that the offender has a minimum period to pay the fine of 70 days .

What happens if you don’t pay a fine of 30,000 rubles on time? for deprivation of rights

The imposition of a fine for deprivation of rights often causes violators to resort to external borrowing. In order to save them from interest payments, the state meets citizens halfway with understanding and gives them the opportunity to avoid delays in making mandatory payments. At the same time, at least a third of administrative offenders are interested in what will happen if they do not pay 30,000 rubles after deprivation of their rights. It is better not to try such an experiment, since it will only bring trouble.

Failure to pay it within the prescribed period is regulated by Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation :

Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.

The algorithm for receiving punishment for failure to comply with a judge’s decision within the period established by law is as follows:

The court makes a decision to impose a fine on the offender.
The driver is notified of this . The resolution comes into force.
From the date of entry into force of the resolution, the driver is given by law another 60 days for voluntary payment .
After 60 days, the court office sends a resolution to the bailiff service department for forced collection of the debt.
The bailiff initiates proceedings to collect funds for the unpaid fine and at the same time draws up a protocol on untimely non-payment under clause 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation , which is sent to the same court.

Thus, every evader who does not want to pay a fine risks receiving a new one in double the amount , while the original fine must be paid. As a result, in a short period of time, a person deprived of his license for driving while drunk (and often a car is a source of income) owes the state not 30,000, but 90,000 rubles.

You should not lose sight of the enforcement fee, which is regulated by Part 3 of Article 112 of the Federal Law “On Enforcement Proceedings” and will also add costs:

The enforcement fee is established in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization.

The offender’s argument that he did not receive the letter and therefore did not know about the punishment is not taken into account. The protocol was drawn up by the policeman, and the driver knew about it. It is the responsibility of the offender to inquire about the further movement of the document.

Each subsequent unpaid fine again falls under Article 20.25 of the Administrative Code, so that penalties grow exponentially, like an avalanche, the cause of which was a minor, at first glance, imprudent offense.

Please note that a debt paid in full, but after 60 legal days, is also punishable under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation . That is, the payment is overdue, although it was made. So you need to count the days so as not to catch a new fine of double the amount.

Application for deferment or installment payment of a fine

An application to defer the execution of a fine or to provide an installment plan for its payment is drawn up in free form to the court that issued the decision. It must indicate:

Name of the court where the document is filed;
Your full name, residence and registration address;
Circumstances of the case: when the decision to impose a fine was made, what was the deadline for its payment;
Objective reasons why the fine cannot be paid on time;
Links to evidence;
A request for deferment or installment plan indicating the date or schedule for repayment of the debt;
Personal signature and date of signing the application.

The document must be accompanied by all documents confirming that you are not paying a fine of 30,000 rubles for valid reasons. Such a petition is not subject to duty and is considered no later than 10 days from the date of its receipt by the court.

What to do if the fine of 30,000 is overdue?

The expiration of the period does not prevent the involved person from exercising his right to receive an installment plan or deferment. If a case under Article 20.25 of the Code of Administrative Offenses of the Russian Federation has already been initiated, there is a chance to justify yourself a little before the court by providing a full set of evidence that the reasons for non-payment of a large fine are valid.

The same reasons as for obtaining an installment plan or deferment will be used as evidence.

IMPORTANT : The court will not close the proceedings in the case of non-payment of a fine of 30,000 rubles, but will be able to impose a minimum punishment - for example, a couple of days of arrest or several hours of compulsory labor. In any case, the initial fine will need to be paid and the sooner the better.

Exception : If the decision to impose a fine is not received by the violator for reasons beyond his control - business trip, illness, military service. In this case, there is a chance not to be held accountable with the provision of further installment plans or deferment on a separate appeal.

Due date

Article 32.2 of the Code of Administrative Violations establishes a general deadline for paying traffic police fines in the amount of 60 calendar days from the date of the decision to impose them. Exceptions to this rule:

Fines imposed in 2021 on foreign citizens and stateless persons, coupled with deportation from the territory of the Russian Federation. In this case, the administrative debt must be repaid within 2 days, including the day the decision was issued.
Traffic police fines, which are subject to a 50 percent discount for payment within the first 20 days.
Administrative penalties imposed on drivers of cars, trucks and other vehicles that belong to organizations registered abroad must be repaid before the vehicle crosses the State border of the Russian Federation.

In 2021, it is possible to obtain a deferment of payment of an administrative penalty/fine in the amount of 30,000 rubles. According to Article 31.5 of the Code of Administrative Offences, if payment is not possible within a period of 60 calendar days, the court or an employee of the executive body where the issue of imposing sanctions is decided may defer payment for up to 1 month, but no more. But the violator or his legal representative must provide evidence that payment is impossible within the specified time. The basis for deferring a fine by the traffic police may be illness.

Installment payment is provided for a period of up to three months, by decision of the court or executive body. The basis for granting an installment plan may be the financial difficulties of the violator or his legal representative. The right to receive installment plans must be supported by documents: certificate 2-NDFL, sheet of enforcement proceedings, and so on.

It is important to remember that the possibility of installment or deferred payment is provided only at the request of the person who will pay this fine to the traffic police. Officials and judges should not forcefully present them.