Freedom of movement, new interests and the ability to travel by car - horizons expand with obtaining a driver's license. This is why it is so difficult to come to terms with the deprivation of the right to drive a car, and many, as far as possible, try to reduce the period of deprivation of a driver’s license. Especially if your job involves a car. There is a way out of this difficult situation, and we will describe the solutions in this article.
An advantageous offer from the partners of our portal - Terem Loan! Apply for a loan in the amount of up to 30 thousand rubles for a period of up to 30 days.
100% approval!
Get money
Reducing the period of deprivation of a driver's license
All the hopes of car owners who committed serious traffic violations that resulted in the deprivation of the right to drive a car were pinned on the project. Read the bill on the website of the State Duma of the Russian Federation Federal Law N 561521-6 on amendments to the Code of Administrative Offenses of the Russian Federation. It was proposed by members of the Federation Council V.F. Edalov, V.A. Fedorov and State Duma deputy V.I. Lysakov in 2014. At the same time, news appeared about the possibility of reducing the terms of deprivation of a driver's license. In short, the essence of the bill was as follows. Article 4.9 is introduced into the Administrative Code. “Conditional early release from administrative punishment in the form of deprivation of a special right or disqualification.” It provides that positive, well-behaved violators can, after half of the court-defined period of deprivation of a driver’s license, request an amnesty and return their license early. The bill also provided for the abolition of the theoretical exam required for early return of rights if the period of deprivation is up to a year. In addition, the bill provides: if a driver whose license was returned early commits a violation again that involves deprivation of his license, the court will revoke the parole, and the term of the new sentence will be calculated after the full term of the previous deprivation has expired.
According to the developer of the bill, this measure has educational and motivational goals. That is, it motivates to fulfill all the conditions for early return. How to reduce the period of deprivation of a driver's license under the new law:
- pay all existing fines for traffic violations;
- don't break laws;
- compensate the victims for damages (if any);
- Additionally, you can provide a reference from work , a guarantee from another law-abiding citizen.
In the explanatory note to the bill, references were made to the existence in Russian legislation of the institution of parole, which is possible for criminal offenses, but not for administrative offenses. In addition, it was indicated that the RSFSR Code of Administrative Offenses had Art. 297, which provided for the possibility of reducing the period of deprivation of a driver’s license in the case of a conscientious attitude to work and exemplary behavior of the offender.
What is needed to reduce the period of deprivation of a driver's license
It is possible to shorten the period of deprivation of the right to drive vehicles established by a court ruling that has entered into legal force if you appeal it legally.
Articles of Chapter 21 of the Code of Administrative Violations, devoted to determining liability for gross violations of traffic rules, provide for lower and upper limits of the term. According to the provisions of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, crossing a solid line is punishable by deprivation of the right to drive a car for a period of 4 to 6 months, and driving under the influence of alcohol or drugs threatens the violator with deprivation of the right for 1.5-2 years.
Note!
If it is impossible to avoid imposing an administrative penalty, you must, during the judicial review process, try to influence the reduction of the term within the lower limits established by the norms of the Code.
When deciding the severity of the punishment, the court is guided by the provisions of Articles 4.2 and 4.3 of the Code of Administrative Offenses of the Russian Federation, which define mitigating and aggravating circumstances of administrative responsibility. If there are provable mitigating circumstances, the court will determine the lower limit.
Lists of circumstances are subject to subjective assessment by the court. The following circumstances include aggravating administrative liability:
- repeated commission of a similar offense within a year from the date of completion of the previous one;
- refusal to stop illegal behavior at the request of a traffic police inspector;
- involving a minor in the commission of an offense;
- commission of an offense by a group of people, in an emergency situation, while drunk or refusing to undergo a medical examination for intoxication in the presence of signs clearly indicating it.
Will help reduce the period of deprivation:
- repentance;
- voluntary cessation of unlawful behavior;
- reporting the fact of violation to traffic police officers, assistance in establishing circumstances important for the consideration of the case;
- attempts to prevent the onset of negative consequences of the offense, as well as voluntary compensation or elimination of damage caused to the victim;
- state of passion, the presence of a difficult life situation;
- minority, pregnancy, presence of young children.
Is it possible to get your license back early for drinking?
In the first reading of the draft law on parole, it was proposed to return rights early for any violations in 2021, including when they were revoked for drunkenness while driving a vehicle.
The bill has met with considerable criticism for obvious reasons. In particular, the lack of clear criteria and the vagueness of the wording of the “exemplary” behavior of the offender, which determines the early return of the driving license for drinking alcohol while driving, as well as other violations. As a result, the bill passed the second reading with numerous amendments. In particular, the question of the possibility itself has disappeared - the amendments abolish the possibility of parole. In addition, if the driver did not pass the proposed medical examination or left the scene of an accident, you can also forget about early return under this law. In addition, repeated traffic violations also do not fall under the provisions of the bill.
Information has appeared on some portals that a bill on the early return of a driver’s license after being deprived of it for drunkenness has come into force. But the official text of the law has not been published anywhere , and it is impossible to say for sure what its final version will be. To date, Art. 4.9 on parole never appeared in the Administrative Code.
Therefore, at the moment, the only way to get your rights back is to competently build a line of defense in court. You shouldn't do this yourself. Automotive lawyers often seek to replace the punishment with an alternative to deprivation of rights or to cancel the initial decision on deprivation of rights.
With the adoption of the bill under discussion, it will be possible to help quickly restore the rights of those who are already serving their term of deprivation.
How to reduce the period of deprivation of rights. New law
The legislator did not provide for a reduction in the period of deprivation of a driver’s license, although in 2015 the State Duma did actively discuss the possibility of early return of the license.
According to the bill introduced at that time, after half the punishment period had passed, it was assumed that the period of deprivation of rights could be changed towards a reduction or even early cancellation if the court considered the driver to have reformed.
You had to prove your readiness to get behind the wheel again through hard work and exemplary behavior. The basis for the return of the certificate under the bill was a corresponding petition from the employer or the body that monitored the execution of the punishment (State Traffic Safety Inspectorate). Also, the reduction in the period of deprivation of a driver's license in 2015 implied an exemption from taking the theoretical exam for those citizens who had not driven a vehicle for less than a year.
Note: The bill provided concessions for motorists who lost the right to drive a vehicle for traffic violations not related to drunk driving.
Is it possible to petition the court to reduce the period of deprivation of a driver's license in 2021?
No. Unfortunately, the bill did not receive adequate support in the State Duma, so it is impossible to ask the court to prematurely return the driving document. However, a reduction in the period of deprivation of a driver’s license is allowed to the lower limits of the sanction of the article of the Code of Administrative Offenses of the Russian Federation when considering the case.
For example, for driving a car without registration plates, your license will be taken away for 1-3 months. If a citizen’s identity card was confiscated for 2 or 3 months, he can appeal such a decision and ask to reduce the period of punishment to 1 month, indicating compelling reasons and mitigating circumstances for this.
Legal advice from a car lawyer in case of deprivation of rights
Until the new law is adopted and comes into force, all that remains is to find a good lawyer and stick to the chosen line of defense. Even in the most seemingly hopeless case, there is always room for legal maneuver.
Leave a contact number in the form and state the essence of the question. An auto lawyer will contact you for further communication. This method of defense is acceptable if your case can be classified as “simple”. That is, for example, there are obvious violations in the procedure for drawing up the protocol, the procedure for withdrawing rights, etc. If you doubt success, the best result will be brought by turning to the services of a specialized lawyer for deprivation of rights .
Today, many private law firms provide assistance to those deprived of a driver’s license in Moscow. When looking for a reliable lawyer who you can trust with your matter, read reviews from real clients. Take advantage of live recommendations, if available.
Experienced lawyers are seeking to overturn even decisions on deprivation of rights for drunkenness. they justify the absence of an offense or convince the court to apply an alternative penalty, for example, a fine.
Drawing up a report at the place of arrest is a regulated procedure. The further fate of the case directly depends on this protocol. If the inspector executed the document incorrectly , this is a serious chance to defend your rights in court. With the help of a competent lawyer, of course. You can even challenge a medical examination, cast doubt on the testimony of prosecution witnesses, and find new witnesses for the defense. Knowledge of the intricacies of the law and established practice allow lawyers to provide qualified, real assistance if they have been deprived of their rights for a violation committed for the first time.
It is necessary to reduce the terms of deprivation of a driver's license or abandon this punishment altogether
public figure
Viktor Pokhmelkin
public figure Viktor Pokhmelkin
A bill has been submitted to the State Duma providing for the conditional early release of drivers from punishment in the form of deprivation of their license.
Chairman of the Russian Motorists Movement Viktor Pokhmelkin, in an interview with Current Comments, gave his assessment of the parliamentary initiative.
“This is a very corrupt initiative. On the part of the traffic police, quite a lot of income will now be lost, since video cameras are being introduced, and they will be looking for ways to make money everywhere. This is, in fact, the main rationale behind this bill.
In my opinion, it is necessary to either significantly reduce the terms of deprivation of rights, or completely abandon this punishment, which is very ineffective and is often used in vain. In addition, this is also a big source of corruption.
But if this punishment has already been introduced, then everything must be clearly spelled out; I don’t see any objective criteria that would allow us to determine a person’s repentance in this bill, and they don’t exist.
The man drove into oncoming traffic and was deprived of his license for this. How will he prove that he will no longer drive into oncoming traffic? Will he go out into the square and beat his chest? Just in time for drunk drivers, some other such criteria can be defined. As for everything else, this is complete arbitrariness, and the fate of the drivers will rest at the discretion of those who will decide this issue. That is, first of all, as I understand it, employees of the State Traffic Inspectorate, and then judges, who are constantly looking for ways to earn extra money.
In relation to such a punishment, early release is impossible or bribe-intensive. Early release leads to imprisonment; indeed, there is a clear criterion. A person complies with the regime of serving his sentence, works well, does not commit new offenses, which is the criterion that a person is being reformed and, therefore, can apply for parole. But in relation to deprivation of rights, such criteria are very abstract and arbitrary. That is, all this will actually be left to the discretion of law enforcement officers. Thus, I know the rationale behind this bill: it will purposefully benefit the pockets of State Traffic Inspectorate employees and judges.
There is a more promising proposal: let's reduce the terms of deprivation of rights for everyone, let's abandon this punishment for most violations or for all violations, replacing it with administrative arrest or a very large fine. In the end, the inevitability of arrest or a very large fine is no less effective than the ineffective deprivation of the right to drive a vehicle. This measure, in my opinion, can really solve the problem
What is now being proposed will give absolutely nothing, but will only corrupt both drivers and (even more) State Traffic Inspectorate employees, and in terms of road safety it will not bring any advantages.
There is no deprivation of rights; there is parole from imprisonment as a criminal punishment. There is a clear criterion here - adherence to the regime, attitude to work, etc. The person is under control, under supervision in places of detention, and there are certain requirements for him. If he complies with these requirements, then everything is fine. What demands can a person who has been deprived of his license implement, because he doesn’t drive, he cannot prove that he has stopped breaking the rules, because he is prohibited from driving at all! And his words, his statements are his words, which do not give law enforcement officers any guarantees. So everyone will say that he has reformed and will not violate again.
I don't know of a similar practice anywhere abroad. Maybe it exists somewhere, but I want to emphasize that it is legally impossible to implement. Normal legal states cannot afford such things. There is a practice of delaying the issuance of licenses, that is, the opposite practice, when, for example, a period of deprivation of licenses is set for, say, drunk drivers, and they check him to understand whether he has given up this habit or not. This is the opposite practice that exists. As for the early return of rights, in my opinion, this is, at a minimum, an ill-conceived bill or simply stupidity.”
Interviewed by Elena Mironova
How to increase your chances of getting your driver's license returned early?
In the event that a traffic police inspector draws up a report and the case is taken to court, it is important to behave correctly. Here are some tips to increase your likelihood of avoiding a driver's license revocation or reducing the terms of such a deprivation:
- behave correctly , do not be rude and try to antagonize the inspector;
- do not refuse medical examination - it is in your interests;
- do not sign any documents without carefully reading their contents;
- do not hint at the possibility of “ agreeing” - this gives the inspector another reason to believe that your guilt is irrefutable, and, in addition, this is also a violation of the law;
- study the traffic rules and the Administrative Code - if you know that for a given offense, in addition to deprivation of rights, an alternative method of punishment is possible - find out from the inspector why he sees no reason to apply it, while being extremely polite and demonstrating remorse;
- if you committed an offense for objective reasons, collect evidence using the camera in your smartphone and take contacts of witnesses while the inspector fills out the report;
- indicate in the protocol your disagreement with the accusation ;
- save the inspector's personal data;
- save the DVR recording and do not transfer its original to the traffic police;
- record the quality of road markings and road signs in the photo;
- if visibility was difficult due to weather conditions, try to capture it on camera;
- even before the case comes to court on the same day, you can file a complaint against the actions of the inspector addressed to the head of the department of the district in which you were stopped.
If the complaint does not produce results, urgently look for a competent lawyer who will assist in obtaining a driver’s license if revoked.
The procedure for returning rights after deprivation in 2021
The license is returned after submitting an application of the established form to the traffic police. You will also have to pass an exam (theory only), pay a state fee and obtain a medical certificate. You can only withdraw your ID within three years after the expiration of the period of deprivation established by the court.
Download the application for the return of rights after deprivation
We recommend that you approach preparation for the exam with the same responsibility as when obtaining your license for the first time. Even if you understand everything from experience, theoretical formulations can be confusing, and you may misinterpret the meaning of the question. In case of unsatisfactory results, the next attempt is given only after a week. The number of attempts is not limited.
According to the bill described above, only those who have been deprived of their rights for a period of more than one year .
