Repeated deprivation of rights - fines and criminal liability

Russian legislation provides for various penalties for violators of traffic rules. One of them is deprivation of the right to operate any type of vehicle.

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However, not all drivers consider such a preventive measure a lesson, and situations arise when the violation is repeated. The dangers for motorists and what responsibility they bear when their driving license is re-retired is described in detail in this article.

What is re-deprivation of rights?

Today, penalties for traffic offenses committed by drivers have become more serious and much tougher. A driver who repeatedly violates the rules established by traffic rules and has already been prosecuted will face a more severe penalty.

The seizure of a document giving the right to operate a car will be considered repeated if it was committed earlier than a one-year period has passed since the previous unlawful act related to violation of traffic rules.

Rights of a traffic police inspector

An official of the State Traffic Inspectorate, when interacting with a vehicle driver, has the right:

• demand documents and the driver exits the car;
• remove from driving the vehicle with the execution of the corresponding act;
• conduct a breathalyzer test or take the driver to a medical facility for examination;
• detain the car, if necessary, together with the driver.
• arrest the driver for disobeying lawful orders.

From October 20, 2017, the order of the Russian Ministry of Internal Affairs added the following powers to traffic police officers:

• the right to stop drivers anywhere (if there is an order from the boss recorded in the route map); previously, cars could be stopped only within stationary checkpoints;
• the right to organize “ambushes” with service vehicles camouflaged on the ground;
• the right to conduct continuous video recording of interactions with the driver.

  

Remember that the inspector cannot confiscate your documents or demand payment of a fine on the spot; his powers only include notifying the driver about a violation of traffic rules and issuing a receipt for payment of the fine. If intoxication is proven, the inspector is obliged to ensure the evacuation of the car to the nearest impound area. Carefully follow the completion of the report, which should indicate the characteristics of the vehicle, its equipment, existing problems and the address of the impound area to which the car was sent. In case of negligent handling of the car and breakdowns due to the fault of government services, you will be able to claim compensation for damages.

For what violations are rights deprived?

The punishment for which the car owner will be given a court decision - confiscation of the driver's license, will be imposed for the following violations:

• driving while intoxicated;
• allowing a person who is intoxicated to drive a car;
• driving a vehicle into a lane intended for oncoming traffic;
• fleeing the scene of an accident;
• hitting a double solid road, as well as its intersection;
• driving in the opposite direction on the road surface required for one-way traffic;
• overtaking on a section of the road where a corresponding prohibition sign is installed;
• driving under the prohibitory sign “No Entry”;
• operation of a vehicle by a person who does not have a driver’s license;
• non-compliance with traffic rules, due to which the fact of causing harm to the victim’s health was committed;
• debt to pay fines.

Also, if you repeatedly fail to comply with certain traffic rules, the driver may be deprived of his driving license. For example, for operating an unregistered vehicle, the car owner for a similar violation will face withdrawal of rights for a period of up to three months and a monetary penalty. The amount of penalties is 5 thousand rubles.

Punishment if there are victims

If driving a car while drunk leads to serious consequences in the form of harm to health or death of persons, the penalty is determined in accordance with Art. 264 of the Criminal Code of the Russian Federation.

• In case of serious harm to health, imprisonment for a term of up to 4 years, arrest (up to 6 months) or forced labor (up to 3 years) is provided. In all cases, the person is deprived of the opportunity to hold certain positions for 3 years.
• If a person dies, the punishment is imprisonment for a period of 2 to 7 years and the inability to hold certain positions for 3 years.
• If two or more people died, the maximum penalty will be imprisonment for 9 years.

Compliance with traffic rules is the direct responsibility of all citizens, regardless of whether they act as a pedestrian or get behind the wheel of a car. Drunk driving is one of the most serious violations that can lead to accidents that cause harm to others. By not allowing himself to drive in such a state, the driver will not only avoid significant punishment, but can also prevent the possibility of an accident and the death of road users.

Repeated deprivation of license for driving while intoxicated

If the car owner was previously subject to a penalty for driving while intoxicated in the form of withdrawal of his license, then in case of a similar violation he will incur criminal or administrative liability. This will be influenced by the time period that has passed since the date of return of rights.

If during the first calendar year after the restoration of a revoked driver’s license, the offender repeatedly drives a car while drunk, he will incur criminal liability.

However, in the event of an offense committed while intoxicated after the expiration of a one-year period after the return of the license, the car owner will be given an administrative penalty, as for failure to comply with traffic rules for the first time - a penalty in the amount of thirty thousand rubles and confiscation of the driving license for a period of two years.

How should you behave when tested for intoxication?

Do not forget that the examination procedure must be carried out in strict accordance with standards, any non-compliance with which will automatically be credited in your favor. Refusal of the examination does not bring any benefit, since it is equivalent to an admission of guilt, but demand a second measurement with a breathalyzer immediately before signing the last protocol. By law, the inspector must take two measurements with an interval of 20 minutes; the last sample is often ignored, but within 15-30 minutes of investigation, the device readings may change in your favor if there are limiting doses of alcohol in the blood.

The permissible alcohol concentration in 2018-2019 is considered to be 0.16 ppm; this norm has been in effect since 2013. Be careful, this concentration can be achieved even if you have not consumed strong drinks. The following products cause false alarms in the breathalyzer:

In a stressful situation, do not forget about your capabilities. According to Law No. 196-FZ, the traffic police inspector does not have the right to confiscate a driver’s license on the spot - the driver is obliged to independently deliver the license to the traffic police department at the place of residence within three days, whereas previously (before September 1, 2013) the document was confiscated and a temporary license was issued.

According to current legislation, you have every right to:

• require a police identification card as a traffic police officer;
• use legal assistance both on the spot and during further proceedings;
• do not incriminate yourself or sign documents with which you do not agree;
• appeal against the actions of inspectors and demand compensation for damage caused by their actions.

You can also demand to see documents confirming that the breathalyzer has been tested before using it; if there is no corresponding mark in the device’s passport, testing on it can be refused. The breathalyzer tube is disposable and must be removed from the packaging under the supervision of the driver. Also remember that the check must be carried out only after you have been removed from driving; if the protocol is violated, it can be successfully appealed in court.

But along with the rights, the driver also has certain responsibilities that must be fulfilled. We are talking about immediately stopping the car at the request of the inspector, presenting documents for the right to own and drive the car. Any attempts to prevent a traffic police officer from reviewing documents are considered disobedience to the orders of the official.

Refusal to take a breathalyzer test and subsequent medical examination is taken as an admission of guilt with subsequent deprivation of rights. It makes sense to do this only in case of serious unlawful actions of the inspector, which were recorded by witnesses or a video camera. In the absence of evidence, the court always renders a verdict in favor of the traffic police.

Amounts of fines

Consequences of refusing honey. examinations

Determination of the state of intoxication, which is taken into account by the court, is carried out only through laboratory blood tests. This is due to the fact that the issue of deprivation of rights can be considered exclusively by the court.

What do they do with those motorists who refuse to undergo inspection? The penalty in such a situation is determined by Article 12.26 of the Code of Administrative Offenses of the Russian Federation (as amended after the publication of Federal Law No. 196 of July 23, 2013):

• a fine of 30 thousand rubles or deprivation of rights for a period of 2 years (provided that the subject has rights);
• arrest for up to 15 days if the culprit was driving a vehicle without a license;
• a fine of 30 thousand rubles if the culprit drove the vehicle without a license, but belongs to the category of citizens who cannot be arrested.

Criminal liability

When operating a vehicle while intoxicated, the owner of the car will be held criminally liable if it is established that the rules are not followed again.

Thus, he will face fines of up to three hundred thousand rubles, deprivation of the right to drive a car for three years, as well as imprisonment for up to 24 months.

However, criminal law provides for more severe penalties when committing an accident in which there are victims:

1. If the victim causes serious harm to health, the culprit, that is, the owner of the car, will be fined in the form of confiscation of the license for 36 months, as well as restriction of freedom for a period of four years or three years of forced labor.
2. If the accident caused the death of one or more injured people, then the motorist can be imprisoned for a period of up to nine years or five years of forced labor, and, of course, confiscation of driving license for three years.

Drunk driving other types of vehicles

If the punishment for alcohol while driving a car does not raise any questions among road users, then driving a bicycle or motorcycle in such a state raises a lot of doubts. Can drivers of other vehicles be punished for such an action and what could it cost?

The measure taken against the cyclist will be a fine of 1 to 1.5 thousand rubles (Article 12.29, Part 3 of the Code of Administrative Offenses of the Russian Federation).

If a person on a moped, motorcycle or bicycle equipped with a motor is detained, the actions of the subject fall under the standard definition of Article 12.8 of the Administrative Code (a fine of 30 thousand rubles, deprivation of rights or administrative arrest - see above).

Is it possible to be deprived of rights for life?

To date, the legislation does not provide for such punishment as permanent deprivation of rights. However, the State Duma is considering a proposal in which this preventive measure will be applied to drivers for repeated operation of a vehicle by a person who was previously deprived of a driving license or while intoxicated.

This type of punishment, according to officials, will have to make car owners more accountable to traffic rules.

Every year, the preventive measure for repeated offenses becomes tougher. In addition to financial losses, the driver, through his own negligence, can cause harm to the health of other road users. However, in addition to this, he will be deprived of his driver's license and possibly even his freedom.

Compliance with traffic rules will be the only solution that will prevent you from becoming a danger to other drivers and pedestrians, and will also significantly reduce the number of problems with the law.

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The concept of ppm will return to Russian laws in July 2018

At the beginning of April, all these legal misunderstandings were cleared up. After the State Duma adopted amendments to the legislation, they were approved by the Federation Council and signed by the president of the country. 90 days after the publication of the amendments signed by the president, namely at the beginning of July 2021, they come into force.

Now in Russia the concept of ppm is being reintroduced. The so-called “permissible limit for alcohol while driving” in ppm from July 2021 is the previous 0.3 grams per liter of blood.

Obviously, for an ordinary driver, this amendment to the administrative code in most cases does not give anything. The minimum amount of alcohol in the blood prescribed by law is not a license to drink and drive. The normalcy that has returned simply addresses some of the injustices that occur today.

Summary

Drunk driving in 2021 carries administrative or criminal penalties. If the fact of intoxication is confirmed by the results of a medical examination, according to the norms of the Code of Administrative Offenses of the Russian Federation, a fine will be imposed, and the driver will be deprived of the right to drive for up to 2 years. If the violation is repeated, you will have to answer under Art. 264.1 of the Criminal Code of the Russian Federation, and the maximum sanction may be imprisonment.

If you need legal assistance in cases related to prosecution for drunk driving, please contact our specialists. You can get advice by calling the numbers listed on the website or using the feedback form.

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The procedure for withdrawing rights and imposing punishment

After the fact of intoxication is confirmed, the offender’s license is confiscated, and the car is sent to the impound lot. At this time, the driver must undergo an examination in a medical laboratory.

The verdict on deprivation of a driver's license is made after the case is considered in court. The following factors may influence the results of the judge's decision:

• the degree of intoxication of the driver (according to the results of a medical examination);
• witness's testimonies;
• testimony of traffic police officers;
• information about previous traffic violations;
• presence of similar incidents in the driver’s history;
• consequences of the incident - the presence of moral or material damage.

At what point can you not drive if your driver's license has been revoked? Rights are confiscated only after the decision on confiscation comes into force. At the same stage, within three days, the offender is obliged to surrender his driving permit in accordance with the order issued. In such a situation, it will be useful to find out what is needed to return your license after being deprived of it for alcohol intoxication.