Restoring a driver's license after deprivation. When and how can I get them back? How much does it cost?

Reasons why a driver's license is taken away

Drivers are deprived of their licenses for particularly serious violations of traffic rules. The Code of Administrative Offenses of the Russian Federation contains a number of reasons why a person driving a vehicle may be left without a driver’s license:

• driving a vehicle that does not have registration plates or is equipped with illegal devices (special service signs, flashing lights, etc.);
• driving while intoxicated;
• refusal of the medical examination procedure;
• speeding (more than 60 km/h);
• driving into oncoming traffic;
• refusal to grant special vehicles with sound signals turned on the right of way;
• transportation of goods with gross violations;
• leaving the scene of a traffic accident;
• committing an accident where there are victims.

What documents will be needed to return the rights?

What any motorist will need to show is a passport. In some cases, you will need a medical certificate stating that there are no contraindications to driving a vehicle. It is necessary if a person has been deprived of his license due to drunk driving (according to one of the following articles of the Code of Administrative Offenses of the Russian Federation: Article 12.8 Part 1 and 4, Article 12.26 Part 1, Article 12.27 Part 3).

Before returning your driver's license, you must pay any fines, if any. By the way, their statute of limitations is two years, and the traffic police has no right to demand repayment of those issued earlier than 2 years and 10 days before today’s date.

Do I have to pay a state fee to obtain a license after temporary deprivation? Only if their validity period has expired during this period. Then the driver is issued a new license card.

Procedure for revoking a driver's license

The decision to deprive an offender of a driver’s license is made by the court. Traffic police officers only prepare and submit all the necessary materials: a protocol on an administrative offense, a detailed diagram of the accident that occurred, the results of an examination for the content of alcohol or other illegal drugs in the driver’s blood, and other documents indicating the fact of the offense.

Note!
Inspectors do not have the power to revoke rights at the scene of an offense. The guilt of the driver is determined only by the court.

If a person is intoxicated, the driving license may be confiscated, and a temporary permit is issued in return, which is valid until the court hearing. If the person is found innocent, the license is returned.

Return of rights: main nuances

To obtain a license after being disqualified for driving while drunk, you must pass an exam before getting it back. The theory exam is mandatory. When returning your license for an administrative violation, namely driving while intoxicated after drinking alcohol, there is no need to take a practical driving test.

There are no legislative deadlines for retaking the theory at the traffic police, so you can take the tests at any convenient time. Important! Attempts to pass the traffic rules knowledge exam can be made after half the period of deprivation of driving license has expired. Drivers who have had their driver's license revoked have the right to retake several times until the test is passed. At least 7 days must pass between the first and second attempts, after which you can go to retake the exam at the traffic police. Attempts to return rights are unlimited. Before each attempt, you must submit an application and wait until the exam date is set. You must come to the exam or retake it on the appointed date and time.

The theory exam is similar to the one taken for the first time when obtaining a driver’s license, but there are some differences:

• there are no medical topics in the exam papers;
• Driving psychology is not asked in randomly selected questions;
• Drivers' knowledge of the Code of Administrative Offenses is not checked after deprivation of their driving license.

This means that the examinee is only tested on his knowledge of traffic rules. A man answers questions on a computer. Questions are presented in the form of tests. One theoretical exam includes 20 questions, of which only two can be answered incorrectly. 20 minutes are allotted for the exam. If the exam was unsuccessful, after a week, having filled in the gaps in your knowledge of the rules, you can take the exam again. If 18 or more questions are answered correctly, the exam is considered passed successfully, about which a corresponding certificate must be issued, on the basis of which a driver’s license is issued from the archives of the traffic police authority, where they are stored. Please note that the exams are free of charge.

How to get your rights back

You can return your license only to the department of the State Traffic Inspectorate that carried out the decision. The following procedure is provided:

1. Submitting an application requesting the return of the certificate. It can be sent either in writing or electronically.
2. Collection of necessary documents. It is possible to pick up a driver's license upon presentation of a passport, a copy of the court decision on deprivation of rights, or a certificate from a medical institution.
3. Repayment of all existing fines.
4. Passing the driving theory exam. If you fail to pass the first time, a second attempt is possible in a week. The exam can be taken multiple times, but the interval between attempts will increase.

Return of driver's license

I said: “Hello, Comrade Inspector!” — and handed over his documents. “The documents are all right. I recently bought a car." After which the inspector offered to sit in his car, where the 2nd inspector (Dmitriev) was sitting.

When we got into the car (Dmitriev) without introducing himself, he began a dialogue: “Let us register you as a pedestrian?!” To which I replied, why on earth?! I didn’t violate anything and drove carefully... (Kantrov) intervened in the dialogue and advised him to shut up. Then he switched to me: So, good sir, why are we violating? Why do we drive without lights?

To which I replied that I had the dimensions turned on and everything was clearly visible. For this violation, I tried to apologize and said that in the future I would be more attentive, but they answered me in a rude tone: “Are we a forgiveness service?!” And they issued a traffic ticket? which I, having read, signed. After that I asked if I could be free? To which I was offered to go to medical school. examination at the police station for urine collection.

I said, “What are your reasons for this?” They answered me: “Your speech is slurred.” Me: “My speech is fine, it seemed to you. And, in general, I have to get up early. I'm studying. I have strict discipline at the university. Employee: “Well, does that mean we are writing a refusal to undergo a medical examination?” Me: “Do whatever you want. I'll be in my car. You are not doctors and I will not urinate in your jars.”

I got out and walked to my car and started calling my friends. After some time, I was again invited into their car, where they were already drawing up a report against me. The employees said: “Let’s go backwater.” I asked “where”?

They told me we’ll go to one place now and come back. I was told to park my car properly and get into their car. That's exactly what I did. We went to the traffic police in Kronstadt. There the inspector (Kantrov) took a breathalyzer and we returned back to my car, where the taxi driver was already waiting. We all got into the traffic police car. I was offered to breathe into a tube. I didn't refuse and did it. The device showed 0.000, for which the witness and I signed on the receipt that came out of the device, and I also signed the protocol that I agreed with the results of the device. I was offered to go for a medical examination to the police station to give urine. But I refused again, indicating my reason and the fact that there were not enough reasons for this, the witness signed for my refusal.

I was asked to sign a protocol stating that I was suspended from driving, but I did not do this, since it indicated signs of intoxication, which I did not have, and I signed for a temporary permit. I was not asked to sign any other documents. Next, the witness drove away and I was told to call the person with the license to drive my car away. That's exactly what I did. After 20 minutes, two of my friends arrived. The inspectors talked to one of them, after which my friend, taking the keys from me, got into my car and we drove off.

Next, I consulted with a friend, what should I do? He just had a similar problem, and he was already dealing with a case. He advised me to contact a lawyer who had already handled his case. That's exactly what I did. We concluded an agreement for a small amount. To be honest, I was surprised by the non-standard methods for solving my problems. As a result: the case went on for about 3.5 months, I never appeared in court, and my license was returned. I would like to say a special thank you to V.A. Krakhmalev, and to the entire “Society for the Protection of the Rights of Motorists” as a whole. I will definitely recommend you to all my friends. I hope that I won't have similar problems again. But if anything, then only to you! Thank you!

What to do if your license is taken away in another city

If the offense was committed in another city, then the decision on deprivation of rights is made by the court of that locality, and the driving license is handed over to the department of the State Traffic Inspectorate, which recorded the fact of the offense. In this case, the document can be returned in the following ways:

• go to the State Traffic Inspectorate unit where the license is stored;
• contact the State Traffic Inspectorate at your place of residence, and they will send a request to the department where your driving license is located. After a short period of time (about 14 days), it will be delivered to your city and you can pick it up.

Help in returning rights

In most cases, traffic police officers do not always correctly classify the degree of guilt of the offender. Timely, qualified assistance from a lawyer can contribute to a favorable outcome of the case. The specialist provides the following services:

• thoroughly studies and analyzes the case materials;
• helps the offender develop the correct tactics of behavior, which must be followed when explaining with representatives of the traffic police;
• urgently goes to the scene of the accident to control the legality of the inspectors’ actions and explain to the driver his rights and responsibilities in this situation;
• defends the interests of the principal in court;
• finds procedural violations that could affect the final decision of the court. These could be errors in drawing up a protocol or diagram of a traffic accident, violation of the medical examination procedure and many other factors that only a qualified motor vehicle lawyer with extensive experience in handling such cases can understand;
• provides assistance in early return of rights;
• collects information that can prove the innocence of the principal or mitigate the punishment, for example, replacing deprivation of rights with a fine;
• when the court makes a decision to deprive a driver’s license, files an appeal to a higher judicial authority.

Note!
A car lawyer can get involved at any stage of the case and achieve success even in the most difficult situation.

Risks of returning rights without the help of a lawyer

The desire to return their rights often pushes people to commit illegal actions that will not help quickly get the document back, but will only aggravate the situation. On the Internet you can find hundreds of offers from companies involved in the return of rights. But all this is illegal, and if fraud is discovered, the driver will face even more serious punishment.

There are two ways to return rights by circumventing the legislative norms of the Russian Federation.

• Make a new ID for money. Having paid a substantial amount (about 40 thousand rubles), you acquire a document that has no legal force and does not give the right to drive a vehicle. The deception will be revealed immediately, at the first check of documents by traffic police officers. After all, all information about persons deprived of a driver’s license is contained in a common database. Such actions will be qualified under Art. 327 of the Criminal Code of the Russian Federation. The sanction under this article provides for arrest for up to 6 months or a fine, the amount of which can reach 80 thousand rubles.
• Offer a bribe to the State Traffic Inspectorate inspector. The action is completely useless. Firstly, as stated above, all information is contained in a single database, and secondly, the Criminal Code of the Russian Federation qualifies such an unlawful act under Art. 291 (giving a bribe) and provides for up to 2 years of imprisonment or a large fine (up to 500 thousand rubles)

Note!
All illegal actions aimed at returning rights entail criminal liability.

Contact a competent lawyer and he will help you return the document legally. This could be an appeal against the actions of a traffic police officer when drawing up a protocol, filing an appeal, or early return of a document. Sign up for a consultation with our specialist and find out how to get your lost rights back.

Return of rights after deprivation - advice and assistance from a car lawyer

Return of rights after deprivation - explains lawyer Oleg Mikhailov: almost every day Voronezh residents who are interested in the procedure for returning rights after deprivation and, accordingly, after serving a certain court term, when they were forced to walk more or use public transport...

It should be recognized that, despite all the measures to tighten penalties for traffic violations, and primarily for driving while intoxicated, the number of drunk drivers behind the wheel is not decreasing. As before, the rate of death in road accidents caused by drunk drivers is very high: according to information from the Ministry of Internal Affairs and the media, every year at least 3,000 of our fellow citizens are victims of drunk drivers.

To curb drunk driving, the state has even introduced criminal liability for repeated driving while intoxicated. However, even the threat of real imprisonment for up to two years (Article 264.1 of the Criminal Code of the Russian Federation) did not bring fundamental changes in the direction of reducing the number of cases of driving “under a degree”.

According to official statistics from the State Traffic Safety Inspectorate of the Ministry of Internal Affairs, at least 30% of the total number of driver’s licenses confiscated by court decision are from those drivers who were deprived of the right to drive a vehicle for drunk driving (Articles 12.8, 12.26, Part 3 12.27 of the Code of Administrative Offenses of the Russian Federation) .

Let's touch directly on such a very pressing issue as the procedure for returning rights after deprivation, incl. for drunk driving.

To get an answer to this question, you should refer to the contents of Art. 32.6. “The procedure for executing a resolution on deprivation of a special right” of the Code of the Russian Federation on Administrative Offenses, which reads as follows:

[1] Execution of the decision on the deprivation of the right to drive a vehicle of the corresponding type or other types of equipment is carried out by confiscating and storing during the period of deprivation of the specified special right, respectively, a driver’s license, a certificate for the right to drive vessels (including small ones) or a tractor driver’s license ( tractor driver), if the driver, navigator or tractor driver (tractor driver) is deprived of the right to drive all types of vehicles, vessels (including small ones) and other equipment.

[4] Upon expiration of the period for deprivation of a special right, documents confiscated from a person subjected to this type of administrative punishment are subject to return, except for the cases provided for in part 4.1 of this article.

[4.1] Upon expiration of the period of deprivation of special rights for committing administrative offenses provided for

Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s license (tractor driver), confiscated from a person subjected to this type of administrative punishment, is returned after checking his knowledge of the Traffic Rules and after paying in the prescribed manner the administrative fines imposed on him for administrative traffic offenses, and for committing administrative offenses provided for in Part 1 of Article 12.8, Part 1 of Article 12.26 and Part 3 of Article 12.27 of this Code, also a medical examination of the person for the presence of medical contraindications to driving a vehicle.

[5] Unclaimed documents are stored for three years. After the specified period, unclaimed documents are subject to destruction.

Based on the above, I will give a step-by-step algorithm for returning rights after deprivation:

1. An application for the return of a driver’s license is submitted.

2. An application for the return of rights after deprivation can be submitted one month before the expiration date of the deprivation period.

3. An application for the return of rights after deprivation is submitted in writing or electronically through the government services portal of the Russian Federation.

4. An application for the return of a license after deprivation is submitted to the division of the MREO of the State Traffic Safety Inspectorate where the seized driver’s license is located.

5. A citizen who has served a prison sentence must pass a theoretical traffic rules exam (the driving test is not required to be retaken).

6. The theoretical exam is passed in full, with the exception of sections on first aid and psychology.

7. If the theoretical exam is not passed, then you can retake it no earlier than 7 days (the number of retakes is not limited).

8. It is necessary to pass a medical commission to obtain a driver’s license (involves examination by a therapist, surgeon, neurologist, ophthalmologist, otolaryngologist, psychiatrist, narcologist).

9. It is necessary to pay off debts on fines and other unpaid payments to the traffic police.

10. If all of the above requirements are met in full, then the return of rights after deprivation should occur within one business day and there should be no problems with this.

In conclusion, I would like to wish all drivers - both current and those interested in returning their license after deprivation: do not forget that the car is an object of increased danger. Remember that in the case of an accident that results in harm to health or death, the driver faces very serious liability, starting with administrative liability, provided for in Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, and up to criminal, provided for in Article 264 of the Criminal Code of the Russian Federation.

If you have any questions regarding the return of rights after deprivation or other issues, please contact a free consultation with an auto lawyer at Legal. Good luck on the roads!

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Material prepared by lawyer Danila Bagrov