Driving without a license after being imprisoned for drunkenness in 2021

Punishment for driving without a license after deprivation

Not a single meeting between the driver and the traffic police is complete without the inspector demanding to present a driver’s license and other required documents. If during the inspection of the driver's license it is found that the citizen's lack of rights is a consequence of a court hearing on deprivation of a driver's license, the violator faces one of the penalties specified in Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation:

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payment of an administrative fine - 30 thousand rubles;
application of administrative arrest for up to 15 days, except for citizens to whom arrest cannot be applied (Article 3.9 of the Code of Administrative Offenses of the Russian Federation);
from 100 to 200 hours of corrective labor.

The decision to impose a particular punishment on the offender is made by the court and depends on a number of factors. In addition, the imposition of a new punishment does not cancel the previous one associated with deprivation of rights.

A citizen deprived of his rights is removed from driving a vehicle at the moment a violation is detected and his car is sent to an impound lot. Only citizens with a valid driver's license, whose details are indicated in the insurance, have the right to drive a car from the parking lot. The car can be picked up only after paying the costs for the tow truck and the hourly rate for the safety of the car.

Responsibility for violation

Depending on the violation, the driver may receive either deprivation of his license or mandatory work:

Driving a vehicle in 2021 while sober, but without a license, will subject the driver to a fine of 30 thousand rubles, correctional labor lasting 100-200 hours, or arrest for 15 days. There is no talk about deprivation of rights here, since there are no aggravating factors that include driving while intoxicated. You can get acquainted with the punishment in full in the Code of Administrative Offenses 12.7 of the second part;
Driving while drunk in 2021 without having a license will bring a lot of trouble, as the citizen will have to pay a fine of 30 thousand, serve a 10-15 day arrest and lose his driver’s license. The full law is in Code of Administrative Offenses 12.26 of the first part. If the driver, when stopped by a traffic police officer, resists and refuses to undergo examination, then he will have to pay an additional 30 thousand in fine. If the drunk driver has already had his license revoked, and the reason for this was also drunk driving, the punishment is significantly aggravated. In addition to the listed penalties, an additional fine of 200-300 thousand and 2 years of imprisonment is added.

IMPORTANT !!! Driving a car after deprivation of rights due to violation of rules implies the arrest of a citizen for a period of 10 to 15 days. But this punishment does not apply to all categories.

Article 3.9 of the Code states that the following persons are not subject to punishment:

underage;
with disabilities belonging to the first or second group;
pregnant women;
military;
women with children under 14 years of age;
law enforcement officers, customs officers monitoring narcotic and mind-altering substances.

Driving a car without a license using a fake license. In 2021, punishment for the crime includes payment of a fine in the amount of 30 thousand rubles, administrative detention for 15 days, and correctional labor of up to two hundred hours, but not less than one hundred.

Responsibility for driving without a license after deprivation

Determining the responsibility of a citizen who has previously lost his driver's license occurs without taking into account the reasons that prompted him to intentionally or forced to drive a car again. The driver’s actions depend on the severity of the violation and may fall under administrative or criminal law.

Driving without a license after deprivation is considered within the framework of administrative legislation, unless circumstances aggravating the offender’s act are identified, which include:

violation of traffic rules by a drunk person;
harm to the health of pedestrians or road users;
committing acts through negligence that resulted in the death of citizens.

In the listed cases, the measures established in Article 264.1 of the Criminal Code of the Russian Federation are applied to the driver.

Reasons for deprivation of rights

The reasons for the initial deprivation of rights are the following factors:

Driving a car at high speed;
Driving vehicles with illegally installed, counterfeit signs;
Violation of traffic rules on the road (driving in the oncoming lane, running a red light);
Lighting devices installed on a vehicle that do not comply with GOST.

ATTENTION !!! Those who have the violations described above are not always deprived of their rights. Those who violate traffic rules may get away with a fine. But repeated violations bring the car owner closer not only to deprivation of his license, but also to imprisonment for a certain period.

There are also many additional reasons for revocation of a driver's license. Aggravating factors are:

Driving a car under the influence of alcohol or drugs, as well as violating traffic rules in a similar state;
Violation of rules that resulted in harm to the health of a pedestrian or other road users;
Careless actions on the road that resulted in the death of a person.

Actions to take if stopped for driving without a driver's license

If illegal driving cannot be avoided due to various circumstances (for example, work, a remote place of residence, other emergency situations), you need to understand that sooner or later the driver will be stopped for driving without a license. All important circumstances for the driver are absolutely indifferent to the court, and the offender cannot count on court leniency and a lighter punishment.

A driver who is illegally in the driver's seat and stopped by a traffic police inspector for driving without a license after being revoked must follow some unspoken rules:

show calm and do not provoke a conflict with the traffic police, all your actions will be recorded in the protocol and may affect the court’s decision;
do not interfere with the actions of traffic police officers when towing a car, better find out the address of the impound lot and think about who can pick up the car from there;
do not shy away from taking an alcohol test and medical examination, especially if you have not consumed alcohol, otherwise your actions will be regarded as an attempt to hide the fact of drunk driving;
do not try to “negotiate” with an authorized person; offering a bribe to an official is a criminal offense;
after drawing up the protocol, read the contents and take a copy;
If possible, hire a private lawyer or use the services of a public defender.

Awareness of the inevitability of punishment sometimes pushes drivers to illegal actions that further aggravate their situation (escape, fight with traffic police officers, insult, damage to property, refusal of an alcohol test, etc.).

Some cunning citizens, not wanting to change the status of a driver to the status of a passenger, use various tricks to avoid punishment for driving a vehicle after deprivation of a license. For example, driving only in the left lane, strictly following traffic rules, maintaining the car in good repair and cleanliness, no tinting, etc. Particularly fearless violators try to deceive traffic police officers by presenting them with a fake driver's license.

Driving with a fake license after being revoked

Forgery of documents in Russia is strictly punishable by law, and a driver’s license is an official document confirming a citizen’s ability to drive a vehicle. Of course, the level of modern printing is now so high that it is very difficult to determine at first glance that this is a fake driver’s license. But you should not rely on the unprofessionalism or inattention of traffic police officers; detection of falsification of rights after deprivation entails administrative (according to Article 12.7 of the Code of Administrative Offenses of the Russian Federation) and criminal punishment (Article 327 part 3 of the Criminal Code of the Russian Federation), providing for the use of the following measures:

payment of a fine - 80,000 rubles;
imprisonment for up to six months;
480 hours of correctional labor.

Driving while drunk

According to statistics, alcohol is one of the most common causes of road accidents. While driving while drunk, the driver puts his life and the lives of citizens in danger. And a driver who has already lost the right to drive a vehicle and continues not only to drive, but also to drive drunk, creates a double threat. Based on the results of the medical examination, the court may impose on the driver the punishment established in Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation - arrest (up to 15 days) or a fine (30,000 rubles).

Driving without a license after being disqualified while drunk again

The situation is much more serious when the driver has already been caught driving while drunk once, but even after the application of administrative punishment continues to drive after drinking alcohol. In these circumstances, the judge, relying on Article 264.1 of the Criminal Code of the Russian Federation, can pass a sentence indicating the application of punishment, namely:

collection of a fine in the amount of 200 to 300 thousand rubles;
restriction on employment in certain specialties for a period of up to 3 years;
assignment of forced labor to the perpetrator (up to 2 years);
imprisonment for 2 years.

Punishments can be applied to the offender in various combinations established by law.

What punishment applies?

If, as a result of stopping a driver by a traffic police inspector, it is discovered that he does not have a license, then this will certainly become the basis for charging a fine.

What punishment can a driver face for driving without a license after being deprived of it? Watch the video:

Its size depends on the specific situation:

if the driver was previously deprived of documents for any violation, then the fine will be equal to 30 thousand rubles;
if a person driving a car does not have documents at all, since he did not pass the exam to obtain them, then the sanction for such a violation will be equal to 5 thousand rubles. up to 15 thousand rubles.

If a person who was previously deprived of his rights was stopped by an inspector, then the punishment can be expressed not only in the form of a fine, since other measures of influence may be applied, which include:

detaining a person for up to 15 days;
assignment of correctional labor, the duration of which varies from 100 to 200 hours.

Important! Often, drivers simply forget at home or elsewhere the documents confirming their right to drive a car, and in such a situation, a minor penalty is imposed in the form of a fine of 500 rubles, and for this you need to bring the documents to the traffic police officers.

What happens if you drive a car without documents while sober?

If a traffic police inspector, after stopping a car, discovers that the driver was previously deprived of his license, but is in a sober state, then he may be given different punishments:

a fine of 30 thousand rubles;
forced labor;
arrest for up to 15 days.

Important! The inspector cannot increase the period of deprivation of rights.

Driving a car without a license while intoxicated is a criminal offense.

What happens if you drive while drunk?

If a traffic police inspector discovers that the driver not only does not have documents, but is also drunk, then this violation is accompanied by the application of severe penalties:

a fine of 30 thousand rubles;
arrest for a period of 10 to 15 days;
deprivation of rights for a certain period.

Important! Often, drunk drivers refuse to undergo examination, and then they are additionally given a fine of 30 thousand rubles.

If previously a person driving a car was deprived of documents for using a car while drunk, then he is assigned forced labor, a fine, the amount of which varies from 200 to 300 thousand rubles, and may also be sentenced to imprisonment for a term of up to two years.

Is a repeat violation accompanied by arrest?

If a driver is stopped for the second or third time for traffic violations, and is in a drunken state, then severe penalties are applied to him, which even include imprisonment.

If a car is driven by a person deprived of a license, and at the same time he is stopped by traffic police officers several times, then he will certainly be subject to arrest, the period of which can be even 15 days.

Table of penalties for driving without a license.

Who cannot be arrested

Not all drivers driving a car without documents can be arrested, as there are exceptions.

These include:

pregnant women;
military;
mothers of children under 14 years of age;
disabled people of group 1 or 2;
minor children;
conscripts;
people working in law enforcement, customs, or employees involved in the control of drugs or psychotropic drugs.

Important! The full list is contained in Art. 3.9 Code of Administrative Offences.

Article 3.9. Administrative arrest
1. Administrative arrest consists of keeping the violator in conditions of isolation from society and is established for a period of up to fifteen days, and for violation of the established procedure for organizing or holding a meeting, rally, demonstration, procession or picketing or organizing a mass simultaneous stay or movement of citizens resulting in a violation of public order in public places, for violating the requirements of a state of emergency or the legal regime of a counter-terrorism operation, or for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors for up to thirty days. Administrative arrest is ordered by a judge.
2. Administrative arrest is established and assigned only in exceptional cases for certain types of administrative offenses and cannot be applied to pregnant women, women with children under the age of fourteen, persons under the age of eighteen, disabled people of groups I and II, military personnel, citizens called up for military training, as well as employees with special ranks of the Investigative Committee of the Russian Federation, internal affairs bodies, bodies and institutions of the penal system, troops of the National Guard of the Russian Federation, the State Fire Service and customs authorities.
3. The period of administrative detention is included in the period of administrative arrest.

What is the penalty for using fake licenses?

Some car owners prefer to use fake documents in order to freely drive a car even after their driver's license has been revoked.

If this violation is discovered by a traffic police inspector, the driver will be subject to the following penalties:

a fine of 80 thousand rubles;
arrest for six months;
corrective labor for a period of 480 hours.

One option is chosen from the three above, but any of them is tough, so it is best not to use the car after deprivation.

Driving without a license after being arrested while drunk in someone else's car

Driving behind the wheel of a driver who has been deprived of a driver's license, while drunk, and, even worse, in someone else's car entails sanctions against both the driver and the owner of the car. A driver deprived of his license will face punishment in accordance with Part 3.Article 12.8 of the Code of Administrative Offenses of the Russian Federation and in addition he must pay a fine established by the court - from 15 to 30 thousand rubles . For the owner of the car, the amount will be 30,000 rubles .

Cases where the owner of the car issued a power of attorney for the driver before the deprivation of his license and was not subsequently informed about the loss of the right to drive are considered by the court on an individual basis.

Driving a scooter without a driver's license after being deprived of it

A scooter is one of the types of mopeds. In accordance with clause 1.2. SDA, a moped is a 2- or 3-wheeled vehicle with an internal combustion engine of up to 50 cubic meters (or with an electric motor from 0.25 to 4 kW).

Based on Part 1 of Art. 25 Federal Law No. 196, to drive mopeds, as well as scooters that meet the above characteristics, you need a driver’s license of category M. You can also drive scooters that require an M license with any other open category (for example, B).

But if the scooter is more than 50 cubic meters or 4 kilowatts, then category A1 (or A) license will be required.

IMPORTANT

Regardless of all this, if the driver was previously deprived of his driving license, then he cannot drive any vehicles (including scooters), since the driving license is deprived of all categories (and not just a specific one).

Therefore, the responsibility will be exactly the same as when driving without a license after its deprivation on any other vehicle - that is, under Part 2 of Art. 12.7. Code. If the scooterist is drunk, they will be charged under Part 3 of Art. 12.8. Code or under Art. 264.1. Criminal Code of the Russian Federation.

Driving without a driver's license after being seized by a drunk on a scooter

Sometimes a driver who has been disqualified from driving a car naively believes that he can replace the car with a two-wheeler and get a license for a scooter. However, the driver will not be able to obtain a new license for any mechanical vehicle until he returns the seized ones. According to the law, although a scooter belongs to the category of low-power vehicles, it can only be driven with an established license.

If the driver is deprived of the right to drive a scooter, and is then detained while drunk while driving, the same penalties will be applied to him as for driving a car while intoxicated - Article 12.7 and 12.8 of the Code of Administrative Offenses of the Russian Federation and Article 264.1 of the Criminal Code of the Russian Federation. Moreover, the driver’s license is confiscated for all vehicles, and not just for a scooter. If the scooter was driven by a minor teenager, the parents will have to bear the punishment instead.

Administrative, and even more so criminal, punishment not only entails significant costs, but also puts a stain on a citizen’s reputation, limiting employment opportunities, and in extreme cases, freedom. Before you take the driver's seat and press the gas pedal, evaluate the benefits of this trip and the possible consequences.