What to do if you don’t receive a summons from the court to revoke your driver’s license?

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How to obtain a decree on deprivation of a driver's license

If a situation arises in which a court deprives a citizen of a driver’s license, you should remember the need to obtain the appropriate ruling. The importance of such actions is that subsequently, if there is such a resolution, you will need to submit your license to the traffic police.

And the problem is that in most cases such documents are sent electronically directly from the court to the traffic police officer, which makes it difficult to directly receive the decision in hand.

Important! To obtain the document as soon as possible, you should contact the office of the judicial authority directly. To obtain a copy of the required resolution, you will need to write an application on the spot.

If the offender was present at the court hearing, then a copy of the document can be issued immediately after the hearing against signature. If the person was absent from the courtroom, a copy will be sent to him no later than five days later.

Some citizens are seeking to find a resolution in order to regain their rights. In fact, there is no need to present a decree to return rights. To do this, just get a medical certificate, a passport and contact the traffic police.

When does the period of deprivation of a driver's license begin if the license is in hand?

What happens to driving without a license after it is revoked, read here.

How to appeal the traffic police protocol if you do not agree, read the link:

Checking the validity of the resolution

You can check the effect of a court decision on deprivation of a driver’s license online on the traffic police service https://www.gibdd.ru/. After entering the site and entering data (series, license number, date on which they were issued), information about the results of the check will be provided. If the judicial act that has entered into force is entered into the traffic police database, then information about the deprivation of a driver’s license will appear on the website.

The column “Status of execution of the resolution” can display various information:

The fact that the period for which the deprivation of rights applies has begun - this means that the certificate has been surrendered or confiscated.
That the calculation of the period was interrupted if the driver for some reason did not surrender his license to the traffic police.
No data - this means that information about the court ruling was not entered into the traffic police database.

The column “information on deprivation of a driver’s license” also indicates the period for which the license is deprived, as well as the date when the decision to deprive a driver’s license was made.

How to find out about the court decision if you didn’t go to court

There are often cases when a citizen did not appear in court at all, and a decision was eventually made.

To find out the verdict and obtain the necessary documents, the best option would be to personally contact the court that heard the case.

It is also possible to track the progress of the case on the court website. All you have to do is log in and find the case you need by number. There should be a calendar display of when the meeting took place, when and what resolution or determination was made, and so on. A resource such as “Justice” will help you find the necessary website, where all the courts by region and district are concentrated.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Is it necessary to obtain a court decision on deprivation of VP at all?

Having a court order in hand is necessary, since the culprit can not only use this document to execute the order, but also apply other procedural measures. One of them is an appeal.

You should remember to correctly reflect the beginning of the sentence, since deprivation of rights is valid only for a certain period of time. Accordingly, as soon as the guilty driver receives a court order, the deadline for fulfilling the order specified in the document begins to expire.

There is also always a need to pay an additional monetary penalty in the form of a fine. The resolution makes it possible to determine the deadlines for this, because if these are violated, the person will be held administratively liable and the amount of the fine will be doubled.

Along with the decision, the person presents his identification card to the traffic police officer, which the person is deprived of before the expiration of a specifically established period.

Notice! When a citizen continues to drive with such a certificate, the traffic police inspector has the right and even the obligation to confiscate the driver’s license and also bring the violator to additional administrative penalties.

Accordingly, the presence of a resolution in the hands of the violator is necessary not only in the case when the citizen plans to file an appeal. This document also facilitates the timely execution of court orders.

What does the court's decision depend on?

Almost all judges considering administrative cases, especially those related to driving while intoxicated, are inclined towards the prosecution. They can be understood - such is human psychology. But the court’s decision still depends on the evidence presented, and not on the judge’s attitude.

Prove your innocence. Provide photos, videos, witnesses, an expert’s opinion, and then no court will deprive you of your rights. But collecting this evidence is quite difficult. In practice, truly proven guilt is much more common. The arguments presented by the traffic police are enough to leave the culprit without a driver’s license.

When the decision on deprivation of VP comes into force

In order to correctly determine when to transfer the certificate to the traffic police, you need to determine the moment the court decision comes into force. For this category of cases, a time period of ten days applies.

The decision is announced, ten days pass, after which the person is obliged to comply with the order. If the challenge procedure is implemented, the resolution does not enter into force.

So that the court can track the moment a citizen receives a decision, if postal service is used to transfer documents, upon receipt of the decision the person must sign his actions, which the postal employee will eventually report with a special notification to the judicial authority. The moment of receipt serves as the starting point for the appeal.

It should be understood that simply obtaining a resolution is enough; the fact of familiarization with the contents of the document will not play a role in counting the above period.

Watch the video. How many days after deprivation do you need to surrender your driver's license?

Is it possible to avoid receiving a decision?

What to do if the resolution has not been received? This fact will not relieve the violator from the need to fulfill the duties assigned to him. If a citizen deliberately avoids receiving a letter, indicated an incorrect address in advance, or provided other conditions for the decision to be delivered, then the letter will eventually be returned to the court with an appropriate note.

According to the explanations of the Supreme Court of the Russian Federation, after the letter is returned, the period for the resolution to enter into force will begin to expire. It should be understood that before sending the envelope back to the judicial authority, it is stored at the post office for thirty days, as expressly stated in the Order of the Ministry of Telecom and Mass Communications of the Russian Federation. That is, even if you refuse to accept the document, it will still come into force, but after a longer period of time.

Accordingly, the situation develops in such a way that if a letter is refused, the person is deprived of the right to appeal the decision and will not know when the decision comes into force, what is the procedure for executing the instructions, and so on.

How to avoid deprivation of a driver's license in court?

always check the protocol on violation of traffic rules (traffic rules) drawn up by the traffic police officer, do not leave the opportunity to fill out the protocol after you have signed it, and most importantly - ALWAYS indicate an objection to the protocol regarding what happened, write what you do not agree with directly in text of the protocol;
If, when testing you for intoxication, the device showed that there are grounds for removing you from driving a vehicle, DO NOT POSTPONE FOR LATER , request a re-examination, and also go to a specialized office, where you will not only be examined by a doctor, but also the necessary tests will be taken, which will proof of your absence of guilt in committing an administrative offense;
NEVER refuse to be examined for intoxication; your refusal will be interpreted not in your favor; the administrative code provides for an equally strict sanction for such a refusal - the deprivation of a driver’s license will only get closer if you refuse.

What to do if the document is lost

The ruling is necessary when fulfilling the duties assigned to the guilty person by the court. However, it may often be required when a person comes for an identification, since some services ask not only for a passport and medical certificate, but also for a previously made decision. But what to do if the resolution was lost?

In case of loss of procedural documents, you can request a duplicate by submitting an application to the judicial authority that once made the decision. However, this will require payment of a state fee.

In addition, you should remember the need to preserve all papers and even familiarize yourself with the case materials, because when returning rights or, conversely, confiscating them, the inspector may also require a protocol recording the offense.

What to do after receiving a deprivation of rights order

Based on the results of the consideration of the case of an administrative offense committed on the road, the court can either “acquit” the citizen by terminating the proceedings, or make a decision to deprive him of his driver’s license for a specifically established period of time.

Such a court decision obliges the culprit to follow the instructions contained in the resolution, otherwise the person will face additional administrative penalties.

Please note! In the first case, only ten days are given to appeal the decision, which can reach the final supervisory authority and the Supreme Court. During this time, the citizen can freely use the car and driver’s license, despite the fact that guilt in the incident has been proven. Next, the person is obliged to hand over the license to the traffic police or keep it with him, but not use the vehicle.

If the citizen has not taken any measures to appeal the decision, then eventually it comes into force. After ten days, a person will no longer be able to use his vehicle, and violation of this rule will result in a doubling of the fine and confiscation of the vehicle. The period for deprivation of the certificate will expire not from the moment the resolution comes into force, but from the day when the certificate was transferred to the traffic police.

Since after a driver’s license has been confiscated from a person, the citizen cannot drive a vehicle, if the specified order is established, he will be subject to a fine of thirty thousand rubles. It is also possible to apply arrest for fifteen days or forced labor for up to two hundred hours.

Disenfranchised according to the protocol

The period of deprivation begins from the moment the court decision comes into force. Until this time, the driver is not considered deprived of his license.

But he is still required to submit the temporary permit to the traffic police. This is the essence of the new clarifications that the road safety department of the Russian Ministry of Internal Affairs sent to regional divisions.

Basically we are talking about part 3 of article 12.8 of the Code of Administrative Offenses. This article provides for liability for driving while intoxicated by a driver who does not have a license or has been deprived of one. The liability for this is not small: up to 15 days of arrest. It is noteworthy that there have been cases when drivers were caught driving drunk and with a temporary permit issued in exchange for a license during the period of proceedings for another violation. But in the previous case, the period of deprivation has not yet entered into force. And the inspectors and, at their suggestion, the judges tried to put such a would-be driver behind bars.

The new traffic police clarifications clearly state that when considering such cases, it is necessary to take into account whether the decision on the previous violation has come into force or not. It does not matter what kind of violation it was - driving into the oncoming lane, speeding by more than 60 kilometers per hour, or drunk driving. If it has not entered into force, then the new violation should be qualified under Part 1 of the same Article 12.8. That is, deprivation of rights from one and a half to two years.

In this case, the period of deprivation should be counted from the date of expiration of the period of deprivation under the previous punishment.

Let us remind you that the decision of the court of first instance does not come into force immediately, but only after ten days, which are given for appeal. A court decision on appeal comes into force from the moment it is made. That's why such incidents arose. It would seem that the court had already deprived the driver of his license, for example for drunkenness, he got drunk out of grief and got behind the wheel again. However, he will lose his license only in 10 days, but for now, although he was caught driving drunk again, he is not yet considered deprived of his driver’s documents. For this, they can add a prison term to him, but they have no right to arrest him.

If a driver drunk drives a car for which he does not have access to a license, but at the same time he has other categories open, then in addition to deprivation of his license, he also faces a fine of 2,500 rubles under Part 1 of Article 12.7 of the Code of Administrative Offenses, but not arrest.

Separately, it is necessary to talk about the validity period of temporary permits and whether they need to be surrendered. There are two types of temporary permits. The first is issued to replace the one lost during the inspection period, the second - to replace the one that was delayed during the proceedings. Accordingly, in the first case, traffic police officers who detained the driver for a violation that entails deprivation are required to confiscate the temporary permit. In the second case - no.

But after the court decision has entered into legal force, it is better for the person to submit such a permit himself. Otherwise, the period of deprivation will be calculated from the moment the temporary document is submitted. Moreover, if he does not surrender it even after the court decision has entered into force and falls into the hands of an inspector, then he will already face responsibility for driving the car after deprivation of his license. And this is an arrest of up to 15 days.

However, if the inspector did not confiscate a person’s rights, and moreover, if after the court’s decision came into force, the traffic police did not attempt to confiscate them for a year, then the decision on deprivation of rights is not subject to execution due to the expiration of the statute of limitations.

Recently, it has become fashionable for some violators to change their surname after they were deprived of their rights. This gave them the opportunity to re-train and get a new license. The new clarification states that changing your last name does not exempt you from liability. And old licenses are subject to mandatory surrender.

How to appeal a court decision

The procedure for appealing a court decision is regulated by civil procedural law. The appeal must be sent in the form of a corresponding complaint no later than ten days from the moment the court ruling was made. Once the decision has entered into force, no appeal is allowed.

If the last day of the specified period is a weekend or holiday, then the final day will be the next one. Only if there are good reasons, which will be assessed by the court, can the period of time established for appeal be extended. To do this, you will need to send a request and attach evidence confirming the valid reasons for skipping.

Important! An appeal is allowed in specifically established circumstances, namely:

identifying errors in court documents that relate to information about the driver acting as the culprit of the offense;
the case was considered in violation of the procedural rules provided for by current legislation;
the court ignored certain information that could have acted as an exculpatory factor for the perpetrator of the incident, which also must be confirmed;
non-compliance with the procedural order of preparation and conduct of the trial. Consideration of a case in court without a participant who did not appear due to the lack of proper notification of the hearing.

The appeal will be sent taking into account which court made the decision. It is there that the application is submitted, and then transferred to the jurisdiction of an employee of the authorized body.

The appeal can be carried out in person, through the involvement of a representative with a properly executed power of attorney.

In this case, the complaint may be rejected for the following reasons:

any of the documents necessary for the case are missing;
there is no fact of payment of the state duty;
the identified deficiencies were not eliminated within five days;
The period of time allowing for filing an appeal has expired.

The court makes an appropriate decision regarding its refusal, where it substantiates this position and sends the decision to the applicant and other participants in the process.

Attention! According to general rules, the period for consideration of an appeal is two months. Depending on the circumstances of the case, it may be extended. If the appeal is carried out in the Supreme Court of the Russian Federation, then the initial period for consideration of the application is three months

What is the procedure for revocation of a driver's license?

Deprivation of a driver's license, one of the types of punishment provided for by current legislation in the field of traffic, the so-called deprivation of a special right to drive a car.

Drawing up a protocol . Having identified an offense, the authorized official draws up an administrative violation report against you. In this case, all of the indicated shortcomings and errors must, of course, be documented in writing and attached to the case materials, since it is precisely these circumstances that can form the basis for a decision made by the court in an administrative case.
Removal from management if there are grounds . However, recently the driver’s license is not confiscated, but remains with the driver. A copy of the protocol must be handed over to the person in respect of whom it was drawn up. In some cases, for offenses such as driving a vehicle while intoxicated, a traffic police officer removes you from driving a vehicle, and a corresponding protocol is drawn up.
Submitting material to court . Offenses for which such a type of punishment as deprivation of a driver's license is provided are considered by the courts. Therefore, after drawing up the protocol, the administrative material is sent to the court to make a decision on it. Do not forget that if you have committed an offense in another city or region, you have the right to petition a traffic police officer to send the administrative case to the court for consideration at your place of residence.
Court . After the court receives the administrative material, the judge accepts it for proceedings and sets a date for the court hearing. You must be notified of the date and time of the court hearing by the court, or directly by the employee who drew up the administrative violation report against you.
The court's decision . Based on the results of the consideration, the court can either hold you administratively liable and deprive you of your special management right, or terminate the proceedings on the grounds provided for by the Code of Administrative Offenses.
Complaint against the decision to revoke a driver's license. If the court decision has already been made, and you did not have time to protect your rights by contacting a lawyer, then we are ready to take up the issue in the second instance, by filing a corresponding complaint against the decision on bringing to administrative responsibility with the help of the Law Office “Katsailidi and partners".