If the driver violates the traffic rules, the inspector has the right to take away the driver's license in some cases provided for by law. With a competent approach and knowledge of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, it is possible to return the certificate. An incorrectly executed protocol or the expiration of the limitation period of the case will legally take back your rights.
It is necessary
- - The Civil Procedure Code of the Russian Federation;
- - Code of Administrative Offenses;
- - rules for registration of the protocol;
- - a certificate of undergoing treatment in a hospital;
- - application form.
Instructions
Step 1
The first way to get your driver's license back is as follows. When drawing up a protocol by the inspector, pay attention to whether all columns are filled in. If any of the paragraphs of the document are empty, put dashes with your own hand. So you will avoid the fact that the inspector himself will enter information that you did not familiarize with.
Step 2
When withdrawing your driver's license due to suspicion of alcohol, ask the inspector for a certificate for a breathalyzer. There are many Chinese devices currently on the market that incorrectly detect blood alcohol content. When there is no document for the breathalyzer, you have the right to write in the protocol that you do not agree with the charges brought forward. You can also ask the traffic police officer to conduct a test in the presence of two witnesses who can confirm the correctness of the readings determined by the device.
Step 3
When the license is revoked for speeding, you have the right to demand a certificate for the device from the inspector. In the absence of such a document, write that you do not agree with the accusations, since there is no corresponding documentation for the speed meter.
Step 4
Be sure to ask for clarification of your rights and responsibilities before signing the protocol. When the inspector refuses to acquaint you with them, make notes in the appropriate box. An incorrectly formatted protocol may be invalidated. Thus, your rights will be returned to you legally.
Step 5
There are two more ways to get your rights back. One of them is writing a petition for the consideration of the case in court at the place of registration of the car. As a rule, the letter with the petition goes to the judicial authority for about two months, and after this period the case is closed. As stated in the Code of Civil Procedure of the Russian Federation, due to the expiration of the limitation period, the rights are returned to the owner.
Step 6
Often, the consideration of the case is postponed due to the illness of the offender. But this is possible if there is a certificate that the owner of the rights was hospitalized. The rights are returned when the statute of limitations expires. Moreover, a business trip or an ordinary sick leave is not a reason for a late consideration of the case.
Step 7
Another legal way to reclaim your rights is by improper notice. The judicial authorities send letters by mail. If they are sent by registered mail marked "Judicial", such letters are stored by mail for up to seven days, by regular registered mail - one month. After the expiration date, notifications are sent back. When orders are made without the presence of the owner of the rights, the decisions can be overturned, since the expiration of the retention period does not constitute a refusal to appear in court.
