A drunk driver poses a danger not only to himself, but also to other road users. Punishment for drunkenness and transfer of control of a vehicle to a person who is intoxicated is provided for in the Code of Administrative Offenses of Russia. According to Art. 12.8 the court has the right to deprive the driver of his license and impose a large fine. Drivers who consider double punishment excessive are looking for an opportunity to take away their license without paying an administrative fine of 30,000 rubles. The law provides for deferred and installment payment options. In addition, in some cases, driving licenses are restricted by bailiffs.
Is there a way not to pay a fine of 30,000 rubles
Punishment for driving a vehicle while intoxicated is an integral part of the sanction under Art. 12.8 Code of Administrative Offenses of Russia. You can take away your license without paying a fine of 30,000 rubles only in cases where a technical error has occurred and there is no information about the imposition of a penalty in the traffic police database. It is possible not to pay 30 thousand rubles upon deprivation of a license if it was not previously collected, the statute of limitations has expired, and the punished driver does not plan to regain the right to drive vehicles.
Important! After the expiration of the period of deprivation of rights, in order to return them, you must pay a fine, provide a medical certificate and pass an exam.
What happens if you don’t pay a fine of 30,000 rubles for deprivation of your rights?
What is the punishment for?
A penalty in the form of a fine of 30 thousand rubles can be imposed in various cases. Based on the Code of Administrative Offenses of the Russian Federation, this type of punishment is applied in the following situations:
- refusal of a medical examination to establish the fact of alcohol or drug intoxication;
- providing your own car to a drunk person;
- driving a vehicle without a license confiscated by a judge;
- for drunk driving in a car or other type of vehicle;
- driving in the oncoming lane, which resulted in an accident and other negative consequences.
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There are many situations in which a fine can be imposed. It is necessary to understand that 30 thousand rubles for the seizure of a driving license is the maximum amount of recovery and is a last resort. Through a large fine, the Russian Government is trying to ensure road safety by protecting citizens from drunk drivers.
Terms of execution of punishment
Dates for the commencement of a court decision:
- when a resolution is served on a person after the meeting, 10 days are given;
- if the act was sent by mail, the countdown begins from the moment it is received;
- when returning correspondence, 10 days are given for the decision of the authorized body to enter into force;
- in case of an unsuccessful attempt to appeal the decision, the act takes effect immediately.
In fact, the offender has 70 days to pay the fine for deprivation of rights. In order to avoid a more severe punishment, the motorist is not recommended to violate the terms of execution of the punishment.
What does a driver face if he fails to comply with a court decision?
For the violator to pay the fine, the law gives 60 days plus 10 days to appeal. If the punishment was not executed, the State Traffic Inspectorate initiates a case on the basis of the Code of Administrative Offenses, Art. 20.24 part 1, which is transferred to the FSSP.
According to this article, a motorist may face:
- increasing the amount of the fine several times, but not less than 1 thousand rubles;
- administrative punishment – arrest for up to 15 days;
- compulsory work up to 120 hours.
If the penalty is not fulfilled, the motorist faces administrative arrest for up to 15 days.
The driver will have to spend 2.5 months on mandatory work. According to the law, an offender cannot work more than 12 hours a week. If such sanctions do not force the citizen to pay a fine, FSSP officers can seize property, a personal debit account, and impose a ban on traveling outside the Russian Federation within six months. Not everyone can pay 30 thousand rubles, and the consequences of failure to comply with the punishment are even more serious. But the state in some cases makes concessions.
Repayment of fines in installments or extension of deadlines
Sometimes it is difficult for a driver to repay a large amount on time without violating the deadlines established by law. Here the concessions provided for by the administrative code of the Russian Federation will come to the rescue:
- deferment – given for 30 days;
- Installment payment is provided for 3 months.
The benefit is assigned by the courts or the traffic police, based on a written application from the offender. To receive it, the car owner will need papers confirming a difficult financial situation (certificate from the place of employment).
The offender may request an extension of the payment deadline. If his application is answered positively, then the traffic police can obtain a permit for 30 days + 60 days provided for by law or an installment plan for 3 months.
Postponement for 30 days
You can contact the State Traffic Inspectorate with a request to extend the deadline for paying a fine once. The traffic police will give a negative answer to a repeated application. The request should only be submitted if there are serious reasons for the delay. The application must be accompanied by evidence confirming a “difficult” financial situation.
Deferment for 90 days
The installment plan allows the motorist to pay off the fine in installments over 3 months. Some drivers use this method to avoid additional sanctions. If the state meets the citizen halfway, then a schedule is formed according to which payments should go to the budget.
Limitation period for administrative punishment
Not all motorists know whether they will get their license back if they don’t pay a fine, and that old tickets for rule violations that were issued several years ago may not be canceled.
When calculating the period of “legality” of a traffic police fine, you should understand the difference between such definitions as “a decision has been made” or “the court act has entered into force.” In the second situation, the appeal period is taken into account - 10 days. It is necessary to add 10 days to 24 months from the date of issuance of the decision - at the end of this period of time the fine does not have to be paid.
Financial penalties for deprivation of rights are a harsh measure that State Traffic Inspectorate employees resort to in extreme situations. This punishment is provided for by traffic rules and can only be imposed by the courts. To avoid possible problems with the state, you should not violate traffic rules on the road. Until the fine is paid, the driver will not be able to use his car.
In case of a difficult financial situation, you should not hide from the FSSP, but apply for a deferment or installment payment, presenting certificates from your place of employment. At the end of the grace period, the fine must be repaid.
Statute of limitations for fines for deprivation of rights
The statute of limitations for collecting fines is determined by 31.9 of the Code of Administrative Offenses of the Russian Federation, and for those punished under Art. 12.8 of the Administrative Code is 24 months. There is a misconception that after two years the driver is exempt from paying.
The statute of limitations for drunk driving penalties depends on whether the penalty order was enforced. If the fined driver evaded payment and enforcement proceedings were initiated against him, the two-year statute of limitations is suspended while the evader is being searched for.
We talked in detail about what will happen if you hand over the steering wheel to a person without a license in this article.
Has the period of deprivation passed?
But here you should definitely be sure that the period of deprivation has definitely not expired, otherwise the sanction under Part 2 of Article 12.7 may be legal in just this case.
How can there be doubts about the end date of the deprivation period if we initially know the start date of this period?! The problem is that the start date may also be calculated incorrectly by us.
We are talking about article 32.7 of the Administrative Code. Here we are told that the period of deprivation begins from the day the resolution enters into legal force. But this period is interrupted after 3 days if you have not returned your driver’s license, and is resumed only when you surrender it or write a statement about its loss.
Therefore, if you had problems with these deadlines, then you need to recalculate them.
Responsibility for late payment
By ignoring the payment deadlines, the driver aggravates his situation and violates the Code of Administrative Offences, Art. 20.15. If funds are not received within 70 days after the penalty is imposed, the law provides:
- doubling the amount of payments;
- arrest for up to 15 days;
- involvement in compulsory work for up to 50 hours.
Debt on fines leads to a ban on crossing the state border. Debt collection is the responsibility of the FSSP. To ensure repayment, bailiffs have the right to seize property and sell it to pay off the debt.
What's the fine?
You may be charged under one of 3 articles of the Code of Administrative Offences, if you get behind the wheel after the end of your deprivation without taking away your license:
- Part 2 of Article 12.3 of the Code of Administrative Offenses – for not having a driver’s license with you, 500 rubles fine,
- Part 1 of Article 12.7 of the Code of Administrative Offenses - for lack of the right to drive, a fine of 5 to 15 thousand rubles,
- Part 2 of Article 12.7 of the Administrative Code - for driving while deprived of a license, a fine of 30,000 rubles or arrest for up to 15 days.
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In practice, in 2021, any of these three fines may be issued against you, depending on the understanding of a particular traffic police officer and the prevailing practice in a given location. Yes, even depending on the inspector’s mood.
Payment by installments
Pay a fine under Art. 12.8 of the Administrative Code is necessary within two months. Another 10 days are given to the citizen to appeal penalties and deprivation of rights. If a citizen’s financial situation does not allow for a one-time payment, he has the right to apply for payment in installments. Necessary:
- draw up an application for installment payment of a fine in free form;
- state the circumstances preventing a one-time payment;
- attach documents confirming your difficult financial situation.
The judge reviews the application, examines the facts and makes a decision whether to grant the application or deny it. If a positive decision is made, the payer is given an individual installment plan up to 90 days inclusive.
Important! The payment deadlines proposed by the court cannot be violated. If the fine is not paid, enforcement proceedings will be initiated and the funds will be collected by the bailiff.
Subtleties in the statute of limitations for deprivation
The question is that in order to get your driver’s license back, you must pay off all outstanding fines. They also include 30 thousand rubles, which were awarded in connection with intoxication.
If more than two years have passed, then the following subtleties arise:
- It would seem that the period for forced collection of money has expired, the fine should “burn out” according to the statute of limitations, and you don’t have to pay it.
- On the other hand, the traffic police inspector will not issue you a certificate, since according to Article 32.6 of the Code of Administrative Offenses, the procedure for paying fines is not related to the two-year statute of limitations.
Both of these facts in the legislation only complement each other, but do not contradict. The obligation to pay fines does not disappear to return rights after deprivation. But it is no longer necessary to pay a fine that has already expired due to the statute of limitations.
What to do
If the MREO inspector at the State Traffic Inspectorate demands payment of a fine, which in fact has already been “burned out,” then you need to go to the bailiff, who has the documents for your fine. He will issue you a certificate confirming that, in accordance with Article 31.9 of the Administrative Code, enforcement proceedings have been terminated due to the statute of limitations.
Then, with this certificate, you need to submit a petition to the traffic police with a request to stop collecting the fine based on the statute of limitations. You may be refused and sent back to the bailiffs, who in turn will send you to the traffic police. In such cases, it is recommended to submit a petition by recording this procedure on video. This will serve as evidence in court proceedings.
Therefore, this issue is problematic, since the traffic police refusal will have to be appealed in court. To do this, you must submit a written application for the return of the certificate after deprivation, attaching a certificate from the bailiffs. The inspector must give a refusal in writing. It must be attached to the statement of claim.
Payment Methods
The payment deadline is 70 days after the decision is made. If the driver has a Sberbank card, he can see a notification in his personal banking account, where he can also pay the debt. An automatic notification of unpaid fines is sent to your State Services account if you are registered. By linking the card to your personal account on the site, you can make a payment online. Those citizens who do not have electronic registration on the State Services portal and do not use a personal banking account have the right to pay a fine to the traffic police in cash on a receipt.
Return of rights in case of unpaid fine
To return a driver's license that was previously confiscated for driving while drunk, you must pass a theoretical exam on your knowledge of traffic rules and provide proof of payment of the fine. Such a document can be a receipt or statement of bank account transactions for non-cash payments. The traffic police database contains information about penalties imposed on drivers, so you will have to pay all debts.
Important! The date of deprivation of rights should be considered not the moment the decision was made, but the date of actual surrender of rights by court order.
Expiration of the period of deprivation - return of the right to drive or license?
This is a very important subtlety, and two things should be distinguished here:
- the very fact that you have a formal special right to drive vehicles, the period of deprivation of which has passed,
- presence of a document - a driver's license, which you did not return after the expiration of the period of deprivation of rights because you did not pay a fine or for other reasons.
According to the Federal Law “On Road Traffic Safety”, the presence of the right to drive is confirmed by a driver’s license. If it is not there, you have nothing to prove the existence of such a right.
And to return the license after the period of deprivation, you must fulfill 3 conditions:
- pay all available traffic police fines, including a fine for deprivation of your license, if you were deprived of one of the articles for intoxication or for leaving the scene of an accident,
- pass an exam on knowledge of traffic rules,
- get a new medical certificate - again if you are imprisoned for drunkenness or leaving the scene of an accident.
Why are we doing all this?! And besides, it’s easier to understand the fines that may be issued if the period of deprivation has passed and you have not paid the fine for the deprivation and have not returned your license from the traffic police.
So, let's take it in order!
