If you fall into the category of persons who will be deprived of their rights, do not panic right away. You have the option of the right to return. Among other things, the fact that a police officer has withdrawn your rights does not mean that they have been deprived. The rights pending the divestment are your property. Most importantly, after drawing up a protocol on an administrative offense, be sure to take a copy of it.
Instructions
Step 1
There are several options to return the rights, and all of them are absolutely legal. Do not rely on persons who offer to solve all issues for money, you will lose time, money, and, possibly, will be prosecuted.
Step 2
If you are sure that you are right (although, however, you may not be entirely sure), be sure to appeal the protocol on an administrative offense. Firstly, not all police officers are quite literate, in addition, even literate people make mistakes, and the presence of at least one error allows us to recognize the protocol as inadmissible evidence, which entails the absence of corpus delicti. Getting acquainted with the protocol, you should pay attention to the following points:
-the absence of empty columns in the protocol (they must contain dashes);
- did not clarify the rights - reflect this in the protocol, and do not put a signature under the phrase that everything is explained and understandable to you;
-all comments, petitions immediately write in the minutes.
Step 3
If there is even the slightest disagreement with the protocol, write that you do not agree with the protocol. There are several options for the court to delay the decision on deprivation of rights. The limitation period for bringing to administrative responsibility is two months, thus, if the court cannot make a decision during this period, it will be forced to terminate the administrative proceedings. As some of the options, you can advise:
- filing a petition for the consideration of an administrative case in a court located at the place of registration of the vehicle (applicable if your place of the offense does not coincide with the place of registration of the vehicle);
- filing a petition to postpone the case due to illness or other valid reasons (reasons should not only be valid, but very valid, otherwise the court simply will not take them into account, even a certificate of incapacity for work often does not pass);
- try to refer to the lack of notification of the appointment of the case for the hearing, however, if, according to the information of the postal service and the information of the court, everything coincides with the requirements of the law on proper notification, then you should not count on such an option.
Step 4
In general, given that after a court has made a decision on deprivation of rights, the possibility of their return is practically zero, even when appealing against a judicial act, it is worth using all legal means to prevent such a fact.
