Deprivation of rights again: grounds, fines, judgments

Deprivation of rights (repeatedly or initially) is a fairly serious measure of fighting off violators. For what violations can take away the driver's license? Is this measure legal? Is it possible to somehow regain the rights of the driver? To understand all this is not so difficult as it may seem. Especially if you pay attention to some changes in the legislation. In 2016, special rules for the punishment of negligent drivers begin to operate. So what can deprive the driver's license? How to behave in this or that case?

Legality of actions

Some believe that forfeiture of rights (and primarily including) is an unlawful act. Theoretically, the citizen fulfilled all the requirements that were put forward to the future driver. He knows the rules of the traffic rules, passed training and paid for the production of the document. This is his certificate, indicating the rights of the vehicle management. And no one can take him away.

In reality, this is not the case. Only one identity card can not be confiscated from a citizen - this is a passport. But the deprivation of a driver's license is absolutely legal punishment for drivers. And to withdraw the certificate, allowing you to sit behind the wheel, you can any number of times. It all depends on what kind of violation is involved. Under what circumstances can they deny a driver's license? And for how long?

Without registering

To begin with, you should find out about situations that are not very common in practice. The thing is that the deprivation of rights again or primarily (it is not so important) was imposed for such a violation as driving a vehicle without registration numbers. In this case, it will not be possible to avoid punishment. But even before the trial it will not come. Prove the control of vehicles without numbers is very simple. Especially with modern technology.

If the driver is caught on this violation, he can:

1. To lose driver's license for 3 months. Repeated violation will be punished more severely. Then the rights can be withdrawn for several years. This question, as a rule, is resolved individually in court.
2. For a year, say goodbye to the rights of the driver. And a minimum of 6 months. Such punishment is provided when using counterfeit numbers.

Speed and movement

But this is only the beginning. The thing is that the excess of the high-speed regime in Russia, too, imposes a certain responsibility on the driver. Most often, it is possible to get off fine. But the repeated violation of traffic rules - this is almost 100% withdrawal of a driver's license for a certain period.

Which one? If the speed is exceeded, you can lose the driver's license:

1. The term is from 4 to 6 months. It is laid at an excess of 60 km / hour. If the excess of 80 kilometers per hour, then the certificate will be taken away for six months.
2. The penalty for the recurrence of the violation is 100% seizure of rights for 12 months.
3. Departure for the "counter" is punished in the same way as speeding by 60 kilometers per hour. And if you carry out traffic on the railways, provided that the barriers are lowered, you can lose your certificate for 6 months.
4. It is also necessary to not see the document studied by the driver, who was driving in the opposite direction where only one-way traffic is envisaged .
5. Deprivation of rights for a period of up to 1 year will be made for previously listed violations, if they are committed within 12 months from the date of receipt of the driving license back.

All these rules need to be remembered. Otherwise, you have to become a pedestrian for a long time. In general, in Russia now the deprivation of a driving license is a common practice.

Fighting Debtors

Especially if it is in principle about people who have some problems with the law. For example, debt. In particular, on alimony. It's hard to believe, but for this violation, though not connected with the road, the drivers also seize the rights. Return of the driver's license is made only after the debt is repaid.

Accordingly, the period for which the document being studied depends on the debtor itself. The repeated deprivation will take place if the person again allowed the formation of a large debt. The rules regarding the return of the document are the same.

Shine

The next reason is the improper use of light devices on the machine. For such omissions, too, can pick up the driver's license. And return it only after the specified time intervals.

Accordingly, in 2016 a citizen may lose his primary or re-driving license:

1. For a period of 6 to 12 months. Actual if red light is used on the vehicle.
2. Equipping transport with special light and sound devices without permission of the established model is also punished. In this case, you can lose your rights for one year at a minimum, a maximum of one and a half.
3. And the use of installed instruments without permission is a seizure of the driver's license for 24 months.

But all these are not so common situations. It is enough to know the rules of the road so as not to encounter these problems. Only one violation should be given special attention. In Russia it occurs very often. And it is here that sometimes you have to sue. What is it about?

After alcohol

Drunk driving is a very common phenomenon. In Russia, with "drunk driving" trying to fight quite harshly. It was about this violation was discussed. People try to prove their innocence in court, but they still continue to get behind the wheel after drinking alcohol.

The thing is that drunk driving, committed primarily, is punished not too harshly. There are only a few types of punishment. Namely:

1. Fine. The person who was first caught driving after drinking alcohol will have to pay a certain amount of money. Namely - 30 thousand rubles.
2. Deprivation of rights. Drunk driving will be deprived of a driving license for up to two years. The minimum is supposed to be to seize the document for 1.5 years. If the vehicle was not owned by the owner, then the punishment is applied to the owner. And in the specified scales.

It is worth paying attention to the fact that these measures are used together. That is, for "drunk driving" they take away the driver's license. And in addition, you have to pay a fine. Such measures are relevant, as already mentioned, only for the primary violation.

Drunk again

But the repeated deprivation of rights for driving in a state of intoxication is punished more severely. In the first case you can defend your innocence in court. With a relapse, it will be almost impossible. And this fact must be taken into account.

To the measures that are applied for the repeated capture of the driver in a state of intoxication while driving, include:

1. Fines. In this situation, you have to pay about 300 thousand rubles.
2. Deprivation of rights again. The term of withdrawal is slightly increased. Rights can be lost for 3 years at most.
3. Criminal liability in the form of 24 months in prison.

To date, driving in a state of intoxication is a criminal offense. And this fact must be taken into account. If the driver believes that he was slandered, you will have to go to court in the prescribed manner.

Refusal of the test

Another little nuance. Every driver should know about it before he decides to sue the traffic police. In order to assess the sobriety of a citizen, a special test is used. He is offered to go on a voluntary basis under suspicion of intoxication.

If a person refuses, the action will be regarded as the control of the vehicle in a state of intoxication. This is a legitimate reason. Judicial decisions on re-deprivation of rights in this case will be imposed solely in favor of DPS officers. Appeal and proof of their innocence under similar circumstances do not take place. According to the established laws of the Russian Federation, the refusal to pass a special test is the basis for the assertion that the driver is drunk.

Return of rights

And how to get a driver's license back? If it is a question of driving in a state of intoxication, it will be necessary to remember that it is not enough to pay a fine. For the repeated deprivation of rights, as for the primary, it is required to pass an examination for the knowledge of traffic rules.

Accordingly, a citizen who decided to return a driver's license must:

1. Wait until the end of the punishment. Earlier rights will not be returned. Only if it is possible to appeal against the decision on the appointment of punishment.
2. To pay the fine in the established sizes. The receipt is retained in the original together with the receipt.
3. Pass the exam on traffic rules. After that, the citizen will be given a certificate of successful completion of the test.
4. Submit a certificate to the traffic police along with receipts for payment of the fine.

It's all. In reality, everything is heavier than it seems. In particular, because of the need for repeated exams.

Court and investigation

In some situations, you can appeal against the decision to revoke a driver's license even if they say that the driver was drunk. How to do it? Have to:

1. Submit an action to appeal the decision of the court in accordance with the established procedure.
2. Prepare evidence of innocence. This is the most important nuance. For example, witnesses can help. Say, if a person drank a lot of yogurt or kvass, then the meter will show intoxication. And then the judicial decisions regarding the deprivation of rights can be appealed.
3. Submit documents indicating innocence to the court. Then you can wait for the result.

As it was already said, if there was a deprivation of rights again, the judicial authorities are unlikely to believe the driver. You can appeal against withdrawal of a driving license, but it is not so easy to do it.