Today, there are seventeen violations for which the Code of Administrative Offenses of the Russian Federation provides for the deprivation of the driver of the right to drive a vehicle. Almost every motorist, even one who is not a malicious violator, may find himself in a situation in which the prospect of losing, for a while, a driver's license looms before him. The law does not provide for the return of a driver's license ahead of time. According to the Code of Administrative Offenses, as soon as the period of deprivation of rights expires, the seized document is returned on demand within one working day. Therefore, it is better to take all possible actions in order not to lose these very rights.
Instructions
Step 1
In most cases, the articles of the Code of Administrative Offenses, which provide for deprivation of the right to drive a vehicle as a punishment, also contain another type of punishment - a fine. In two cases: the abandonment of the accident scene, in which the driver was a participant, and the failure by the driver, who is deprived of or does not have the right to drive the vehicle, of the legal requirement to undergo medical treatment. examination for the state of alcoholic intoxication, deprivation of rights or arrest for 15 days is provided. And only the use of alcohol or drugs after an accident or before passing the examination provides only a deprivation of rights for 1, 5-2 years.
Step 2
Since revoking a license is a last resort, there is an alternative to withdrawing a driver's license - it is a fine. In order for the judge to use the penalty as a punishment, it is necessary to send a petition to the court with a request to replace the deprivation of a driver's license with a fine. Extensive circumstances must be cited to substantiate your application. For example, that the violation of traffic rules was caused by extreme necessity, the fact of which must be confirmed by witnesses or documented. As a mitigating circumstance, the court takes into account the fact that the professional activity of the offender is associated with driving a car, and, having lost his rights, he is deprived of the opportunity to obtain a livelihood.
Step 3
In order not to lose rights after the consideration of the case, it is necessary, during the registration of the violation by the traffic police, to try to concentrate, calm down and analyze the circumstances of the violation and the actions of the inspector during the arrest and drawing up the protocol. It may happen that the violation does not provide for deprivation of rights, and the traffic police officer simply puts pressure on the violator.
Step 4
When drawing up the protocol in the column "driver's explanations" it is advisable to write "disagree with violation". In the future, when considering the case, this can serve as proof of the absence of an offense. Since in this case there will be inaccuracies and inconsistencies in the case materials, and this will give the court reason to doubt the completeness of the evidence of the driver's guilt. Otherwise, if the protocol is signed by the driver and he agrees with his violation, the judge will recognize the driver's guilt in one hundred percent of cases.
Step 5
After registration of the case materials by the inspector, it is necessary to find out the date and time of the consideration of the case in court. Do not think that they will rush to notify you of this. In practice, very often cases are considered without the participation of the offender. And this, in turn, sharply reduces the chance of not losing your rights. In order not to be in a similar situation, it is necessary to send a telegram addressed to the head of the traffic police with a request to clarify the date and time of the court session.
Step 6
Do not forget that after the court decision is made, it comes into force only after the expiration of 10 days. This is the deadline for appealing it.
Step 7
Thus, the best way to get your license back is to drive it according to the rules, which guarantees you their safety. It is also necessary to warn that the law does not provide for the early return of rights if you are still deprived of them. And if someone asks you to solve this problem for a reward, know that this is a type of scam, and the most you get is a hole in your budget, in addition to not having a driver's license.
