How to get your license back before a trial for alcohol charges

How to get your license back after a trial for alcohol

Driving under the influence of alcoholic beverages is considered one of the most serious offenses on the road. Serious liability is provided for such a violation. This is primarily due to the fact that accidents involving drunk drivers lead to serious consequences and often result in death.

However, in practice there are cases when deprivation of rights for drunkenness is unjustified. What to do in such a situation is described below.

Is it possible to get your license back before a trial for alcohol?

Over the past few years, a negative trend has established on domestic roads. Statistics inexorably show that the number of accidents involving drunk drivers is increasing from year to year. In order to somehow stop this process and stabilize the situation, the Government took unprecedentedly tough measures and established new types of punishments. In particular, we are talking about high fines and deprivation of rights. And if a repeated violation is recorded, the culprit has every chance of saying goodbye to freedom for several years.

However, there continues to be a certain cohort of cases where deprivation of rights is an unnecessarily harsh measure. As you know, blood alcohol levels can become higher without the help of alcohol-containing drinks. Kefir, kvass and some medications (including flu pills) can cause an increase in breathalyzer readings.

The vast majority of situations involving deprivation of rights end up in court. But most often these are obviously losing cases, especially if the driver does not attract a qualified lawyer to his side. However, it is also worth paying attention to the fact that even the most experienced specialist will not be able to give a 100% guarantee of winning in the process, since the legislation is quite harsh on violators of regulations. Especially in cases where the driver is really guilty of driving while intoxicated. In such a situation, the question of how to return your license after a trial for alcohol does not even arise, since with a high probability the decision will be announced not in favor of the offender.

Find out about disqualification for drunk driving here.

In some situations, the driver can get his license back. However, for this it is necessary to prepare the evidence base for a long time and pay attention to the smallest legislative standards. In particular, rights can be returned in the following cases if:

Based on the results of a medical examination, it turns out that the level of alcohol in the driver’s body is within the maximum permissible values;
law enforcement officers exceeded their powers (in particular, they made threats, misled, etc.);
the procedure for registering a violation in strict accordance with legal requirements was not followed;
during the preparation of the official protocol there were no witnesses or they did not sign personally;
the evidence base is not complete, and there are disagreements between the testimony of eyewitnesses, the versions of the traffic police officer and the driver;
there are errors in the protocol, in particular the time of the incident or the location of the violation is incorrectly indicated;
there is no certificate for the breathalyzer with which the examination was carried out (or the doctor does not have a license, in the case of a medical examination);
Law enforcement officers forced the driver to sign a waiver of examination.

If these factors are present, there is a high probability that a competent lawyer will be able to return the rights before the court hearing. However, this will require a lot of effort. It is also worth noting that all this is possible only in cases where the driver had not been charged with similar liability before the incident and did not have serious problems with the law. If the violation is repeated, then the court may not take into account mitigating factors.

How to get your license back before a trial for alcohol?

It is worth immediately noting that the low legal literacy of our compatriots makes itself felt. Very often, drivers are confident that they can refuse the examination, and this will not threaten them in any way. In theory, this is true, but if you refuse a medical examination or if you sign an official refusal to undergo this procedure in the protocol, the driver automatically becomes guilty and will be held responsible.

So, you can forget about how to get your license back before the trial for alcohol if you refuse the examination. Unless, of course, after communicating with the traffic police officer, the driver did not undergo a voluntary medical examination at the nearest clinic. And then, provided that the procedure was completed no later than a couple of hours after the incident with the traffic police.

In order to return your rights before trial, you must first find a good lawyer who has solid experience and deep knowledge in resolving such conflict situations.

Find out who is to blame for an accident when turning left from the article.

It will not be possible to solve the problem legally on your own. Many drivers are confident that if they ignore court summonses, they can avoid liability. This is absolutely not true, and the court has the right to make a default judgment without the participation of the defendant in the process. Only in this case will punishment be inevitable.

If you are determined to regain your rights before trial, then you need to prepare a sufficient evidence base. We are talking about documents, including:

examination data submitted in paper or electronic form signed by a doctor;
protocol from the scene of the violation;
certificate of referral for medical examination;
protocol on the fact of violation of administrative law in the industry;
written testimony of eyewitnesses and witnesses;
report from a traffic police officer;
protocol on removal from transport control.

Only with all this documentation will the lawyer be able to begin performing his duties. The further process will depend solely on him and his skills in searching for inconsistencies and controversial issues.

Assistance from a lawyer to return rights before trial

If you want your rights and interests to be protected as effectively as possible, you cannot do without the participation of a lawyer in the process. Only he can tell you how to get your license back before a trial for drunk driving.

The process of selecting a defender must be approached with maximum responsibility. Remember that only a qualified lawyer can formulate effective defense methods. But incompetent specialists can only worsen the situation.

Please contact legal experts on our site for advice. You can send us your question at any time, and our employees will contact you and tell you in as much detail as possible what to do in this situation.

Lawyers will not only provide clients with timely and informative support, but will also help in drawing up complaints and petitions. If necessary, our specialists are ready to represent your interests in court.

After speaking with our lawyers, the client will be able to find out what his chances of winning the lawsuit are and will understand what he can do to restore his reputation.

Video on how to get your license back before trial

Get your license back before trial for drunkenness

Over the years, the accumulated practice of conducting legal processes today (December 1, 2019) provides a powerful potential of knowledge that can help drivers when controversial situations arise on the road. The situation in which the driver of a vehicle is detained by the road inspection authorities is quite common. In order not to give in to chance, the car owner must understand that a correctly constructed position when communicating with law enforcement agencies will help not only to regain his license before going to trial for drunkenness, but also to gain confidence in the future.

According to the recommendations of auto lawyers, every car owner must clearly understand that no one has the right to take away a license at the scene of an incident. Such powers, according to current legislation, are vested in the judiciary. The high statistics of cases of drunk driving often forces inspectors to perform their duties automatically, or rather negligently.

Why should you contact us when returning your license for alcohol before trial?

A lawyer with a narrow specialization in the recovery of rights will work with you.
Experience of lawyers in the return of rights from 7 years
We have already won many cases to return rights
We have connections in the traffic police and the court
Hotline 24/7
Low price - from 5000 rubles. (depending on the complexity of the case)
We will do all the work without your participation

Stages of work to return rights for intoxication before trial

Free legal consultation by phone or in the office with document analysis
Conclusion of a business management agreement
Qualified protection of your interests in claims, litigation and pre-trial procedures
Reinstatement of license before trial for drunkenness

Is it possible to get your license back before going to trial for drunkenness?

Yes, if you skillfully take advantage of the mistakes made when recording the incident.

The practice of driving is such that every driver must know not only the rules of the road, but also have an idea of how the decision-making procedure for confiscating a license and imposing an administrative fine is carried out.

The procedure according to which a driver risks losing his license due to charges of drunk driving consists of the following steps:

The road safety inspector must clearly express his request that the vehicle be stopped. Only if there are obvious signs of intoxication, the driver is asked to undergo an on-site examination, which is carried out using a mobile alcohol tester.

Important: refusing to conduct analysis is not tactically correct. According to the Code of Administrative Offences, such an action is regarded as a guilty act, which may entail punishment in the form of deprivation of the right to drive a vehicle for up to two years and the imposition of a fine (the maximum amount of deduction in favor of the state can be 30,000 rubles). In this case, it is not possible to return your license before trial for drunkenness;

After completing the examination procedure at the place where the vehicle was stopped, a protocol is drawn up, which must reflect the data of the incident, including the signatures of two witnesses who are invited to confirm the legality of the mobile analysis. The absence of eyewitnesses is a direct violation of the established procedure and provides a clear chance to return the license before the trial for alcohol;

Within the next three days after the incident, the act of violation of traffic rules must be sent to the inspectorate. After this, the next period begins, during which you can return your license before trial for intoxication. This period is 15 days. A specially appointed commission is involved in the proceedings, during which a decision is made to transfer the case to court or to terminate it due to a violation of the established procedure for registering the motorist as a violator. It is at this time that it is best to initiate the return of rights for drunkenness, resorting to the help of a car lawyer.

If the case goes to court, then after a positive verdict you will have to submit your license to your traffic police department.

How to get your license back before going to trial for drunkenness. Procedure

The feeling that a drunk driver may be deprived of his license usually does not disappoint. Be that as it may, it is necessary to understand for yourself the correct and completely legal procedure that will weaken the zeal of traffic inspectors:

At the time of detention, it is necessary to insist on the presence of two witnesses during the examination on the spot or when traveling to the place where such an inspection is carried out;

Upon completion of the inspection, the driver must be given a copy of the medical report and protocol;

You must ask to see not only your police ID, but also documentation for the mobile tester, and also make sure that personal hygiene rules are followed (a new mouthpiece is installed);

Express objections and reflect them in the minutes.

It is quite possible that by requiring road safety inspectors to comply with all stages of the established procedure, it will be possible to prevent the deprivation of rights for drunkenness and remain in the comfort of the car.

How to get your license back after being deprived of it for drunkenness BEFORE trial?

I was deprived of my rights. They said there would be a trial. Is it possible to get my rights back before all these legal battles start?

Answer: In a situation where a driver is detained by traffic police for driving while intoxicated, his license is not taken away. Only the court can do this.

It is very difficult to prevent the withdrawal of rights due to drunkenness, but it is possible if you take advantage of the mistakes of traffic police officers.

To begin with, we will present the entire mechanism for making a decision on deprivation of rights.

1. A traffic police inspector who stopped a drunk driver on the road draws up a protocol indicating the fact of the violation and the circumstances of its commission. If the driver does not agree with the data of the mobile breathalyzer at the disposal of the inspectors, he can insist on a medical examination. All objections of the alleged perpetrator of the violation are included in the protocol.

2. The completed protocol is sent to the traffic police within 3 days, where it must be reviewed by a commission to resolve controversial situations within 15 days. The decision can be chosen from two options: to send the case to the court for deprivation of rights or not to send it on the basis of a violation of the procedure.

3. As a rule, the case goes to court. And here, deprivation of rights can be avoided only on the basis of violations committed by inspectors and doctors.

Now the steps by which you must try to challenge the correctness of the registration of the violation.

attract two witnesses to draw up a protocol on the basis of clause 2 of Article 27.12 of the Code of Administrative Offenses of the Russian Federation, when filling out an intoxication examination report;
witnesses are also needed when sending for a medical examination (clause 4, 11 of the “Rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending the specified person for a medical examination for intoxication, medical examination of this person for intoxication and registration of its results" (approved by Decree of the Government of the Russian Federation No. 475 of June 26, 2008);
provide the driver with copies of the protocol and the inspection report;
hand a printout of the breathalyzer readings to the driver;
show, at the driver’s request, the breathalyzer passport, which must indicate the date of verification of the device;
allow the driver to make any objections in the space provided on the record.

Inspectors must submit the protocol to the analysis group within 3 days. If the driver has written objections (logical and meaningful) in the space provided for comments, then he must first be called to the traffic police to clarify the claims. There you can explain how the procedure was violated.

Carefully record all the actions of the inspectors when filling out the protocol, but under no circumstances point out to them the mistakes they made.
Carefully review the protocol in the debriefing group. If you find additions and corrections that do not match your copy, this is a plus for you.
It is necessary to convince the officers reviewing the protocol that there is no point in taking it to court: the violations are so significant that the decision will still be in favor of the driver. Moral arguments have no effect on them. They have the right to suspend the case only on procedural grounds, and the inspector who violated the registration procedure will be punished.

If the arguments were not convincing for them, then the arguments will be useful in court. Moreover, if a qualified lawyer is involved, this will greatly simplify the matter.

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How to get your license back before a trial for alcohol charges

Hello, in this article we will try to answer the question “How to get your license back before going to trial for alcohol.” You can also consult with lawyers online for free directly on the website.

Revocation of a driver's license prevents you from legally driving a vehicle. This forces car owners to look for ways to return their driver's license.

Not many people have succeeded in this, but such cases still exist.
Therefore, in order to return it, you will have to seek help from lawyers. The fact is that he does not have any documents on hand, neither a copy of the protocol, nor a copy of the act stating that he made a paper breathalyzer. There is nothing, and he has the rights in his hands.

How to get your license back after being revoked for drunkenness?

This method is used when the driver is from another region and it is impossible to check the prosecution witness; the judge will not call him, for example, from the Krasnodar Territory to the mountains. Vladivostok.

Unfortunately, any motorist can lose their driver's license. Therefore, every motorist, before getting behind the wheel, must find out the procedure for depriving a driver of his rights.

The traffic police inspector must clearly show the motorist his desire to stop his car for inspection. If the driver shows signs of alcohol or drug intoxication, the traffic inspector has the right to invite him to undergo examination using a breathalyzer. This check is carried out right at the stop site.
It is worth remembering that refusing to carry out such a check is strictly prohibited: in this case, the driver will also be held accountable for driving while intoxicated.
In accordance with the requirements of the Code of Administrative Offences, refusal to undergo an examination is equivalent to driving a car while intoxicated.
Therefore, such a motorist will also be held accountable in the form of deprivation of his driver’s license for up to 2 years and a fine of up to 30 thousand rubles. If a refusal is recorded in the protocol, the motorist will not be able to get his driver’s license back before the trial.
In a situation where the driver agrees to undergo a breathalyzer test, a report is drawn up right at the stop site.
The completed document must contain all the circumstances of the traffic violation. The protocol must contain the personal signatures of two witnesses who were present during the examination. If the document does not contain such signatures (for example, if there were no witnesses), the motorist has the opportunity to return his driver’s license before the trial.
Within 3 days from the date of drawing up a protocol on traffic violations, it is sent to the traffic police department.
It is from this moment that the second stage begins, lasting 15 days, during which the driver also has the right to his license before the start of the trial. During this period of time, the case is considered by a commission, which decides whether it is worth transferring the protocol to the court or whether there are any shortcomings in the procedure for registering the violation and drawing up documents.

And vice versa, if you behave correctly and do everything you need, this will undoubtedly help both you and the lawyer in the case, and, perhaps, your rights will be restored on completely legal grounds. At the driver’s place of residence or at the place where the vehicle is registered?

Reinstatement of license before trial for drunkenness

What is the chance in 2018 to return the seized rights ahead of schedule? Drivers' licenses are revoked not only for drunkenness, but also for other offenses. And the period of deprivation can be quite long.

Any vehicle is a source of increased danger. It is for this reason that permission to drive cars is given only to persons who can quickly react to any changes in the behavior of other road users. Driving a car in a state of alcohol or other intoxication does not allow the driver to adequately respond to the appearance of a pedestrian or the maneuver of another driver.

Finding such a lawyer will not be difficult - just type in the search engine the words: “help with the return of rights.”
But without your direct participation, even an extremely experienced lawyer may be powerless. In a situation where a driver is detained by traffic police for driving while intoxicated, his license is not taken away. Only the court can do this.

The second time my license was taken away for drunkenness, how to get it back before the trial

To avoid this and fight for your driver’s license, you need to take care of qualified legal assistance.
Only experienced auto lawyers, in particular employees of the Moscow Union of Auto Lawyers, can do this. The completed protocol is sent to the traffic police within 3 days, where it must be reviewed by a commission to resolve controversial situations within 15 days. The decision can be chosen from two options: to send the case to the court for deprivation of rights or not to send it on the basis of a violation of the procedure.

It is necessary to take into account that after the seizure of the vehicle, which must occur after the preparation of material on the fact of driving while intoxicated, in return the traffic police officer must issue a temporary permit to drive the vehicle, which is valid until the court decision enters into legal force, but not more than two months.
If the offense was committed again, the culprit will have to give up driving for 3 years.

Are you deprived of your license for driving a vehicle while intoxicated?

Is it possible to somehow return the document for the right to drive? How to return your license in 2018 after deprivation before the expiration of your sentence? It is considered criminal if the volume of alcohol in the blood exceeds 0.16 mg/l. If an on-site examination is refused, the examination is carried out at a medical institution where a blood test is taken. The maximum limit for alcohol in the blood of a person driving a vehicle is allowed at 0.35 ppm. The detection of narcotic and psychotropic substances in the blood is equivalent in degree of responsibility to alcohol intoxication.

Since the court regards such a refusal as indirect evidence of the driver’s guilt. Even if the driver is drunk, he will not be burdened by concerns about how to get his license back before the trial. If after two months the decision has not been made by the court or has not entered into force, for example, in the case of an appeal to a higher court, then the judge is obliged to extend the validity period of the temporary permit by putting a corresponding mark on it. First, you need to decide when the deprivation period expires.

Is it possible to get your license back before trial for drunk driving?

So, you have to choose between:

wait until the expiration date of your driver’s license and obtain it legally;
appeal the decision to deprive a driver’s license in court;
to finally believe that getting your license back early for drinking is only possible in a fairy tale.

Until the certificate is issued, his license will remain with him. This is what the protocol for referral for a medical examination looks like.

At the moment, the degree of intoxication (the amount of alcohol in the blood) does not matter, but in order to be held accountable, confirmation of the fact of intoxication (not drinking alcohol, but intoxication) is required through an examination using technical means (devices) and (or) a medical examination in eligible medical institution.
Mere confirmation of the fact of alcohol consumption is not enough to prosecute (deprivation of a driver's license for drunkenness). First of all, it is necessary to understand that such administrative punishment as deprivation of rights is imposed exclusively by the court. Very often, when contacting our company, drivers report that they have been deprived of their driver’s license and are interested in whether it is possible to return it.

The statute of limitations for administrative offenses is two months (and traffic violations are specifically administrative violations).
As a rule, the case goes to court. And here, deprivation of rights can be avoided only on the basis of violations committed by inspectors and doctors.

Instant calculation and price comparison In most Russian fairy tales, the young man faced a difficult choice as to which of the three roads to take.
Usually, employees fill out reports later, after you leave, and attach the report to the file. They can take an explanation from their own employees or from non-existent witnesses and attach it to the materials.

Under this article, the administrative penalty is a fine of 30 thousand rubles and deprivation of driver's license for a period of 1.5-2 years. According to the law, it is not allowed to receive only a fine without deprivation of driver's license. The magistrate's court decides whether it is possible to return the license for drunkenness. If the offender agrees and repents, and there are no previous penalties, they can only reduce the period of punishment and set a minimum penalty period.

Check the compliance of the device readings with the data reflected in the report. The driver is given a copy of the results on paper. You should not refuse an inspection.

Of course, as for any other violation of traffic rules, a driver who is driving while intoxicated must be punished. However, if such a motorist manages to prove that the procedure for registering the fact of an offense or drawing up a protocol was carried out in violation of the requirements of the regulations, he can avoid punishment. This can be done at any department of the road safety inspection, regardless of place of residence and registration. From the date of the decision, the rights are valid for 10 days and can still be used. This time is given to appeal the court decision. Since the end of 2014, new rules for the return of rights have been in force.

It is best to choose someone who has experience in such cases and whose track record includes successful cases of returning rights.
Now a car owner who drove a car while intoxicated or handed over control to a person in a similar state will have to lose his driver’s license for a period of one and a half to 2 years.

attract two witnesses to draw up a protocol on the basis of clause 2 of Article 27.12 of the Code of Administrative Offenses of the Russian Federation, when filling out an intoxication examination report;
witnesses are also needed when sending for a medical examination (clause 4, 11 of the “Rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending the specified person for a medical examination for intoxication, medical examination of this person for intoxication and registration of its results" (approved by Decree of the Government of the Russian Federation No. 475 of June 26, 2008);
provide the driver with copies of the protocol and the inspection report;
hand a printout of the breathalyzer readings to the driver;
show, at the driver’s request, the breathalyzer passport, which must indicate the date of verification of the device;
allow the driver to make any objections in the space provided on the record.

It is also possible to challenge the court's decision within ten days from the date of the verdict. Moreover, if there are strong arguments, the chances of changing the sentence are quite high.

How to get your license back before a trial for alcohol charges

There is a very common misconception among drivers - they say, the more “nasty things” I write in the protocol and the more I point out all the mistakes and illegal actions in it, the more reason the judge will have to trust me and “lean” in my favor. This is wrong.

A driver detained while intoxicated must strictly monitor compliance by traffic police officers with the current legislation of the Russian Federation.

The court decision enters into legal force only 10 days after its copy is delivered to the offender. If the 10th day coincides with a weekend or holiday, it is transferred to the first working day.

Is it possible to return a driver's license early?

You often hear the opinion that it is impossible to return your license on parole for drunkenness. This is true; under these articles, parole is impossible. However, there is still a way out. Even two exits.

Current legislation provides this opportunity. And not only by petitioning to reduce the sentence.

The following rules can help you win a case of deprivation of your license for driving a vehicle while intoxicated and justify yourself in court:

Carefully analyze all the actions of traffic police officers , including the documentation they compiled during the arrest. Every inaccurately specified action in the protocol, missed signature, illegal actions are small steps on the path to victory in court. In order to identify possible violations, it is necessary to carefully study the features of the detention procedure in such cases;

The procedure for restoring a driver's license must begin one month before the expiration of the period for which the driver was deprived of the document.
To return your rights, you must write a statement. The form of this document can be found at the information stand in the department. Statistics inexorably show that the number of accidents involving drunk drivers is increasing from year to year.

We will tell you what to do if your license is revoked for drunkenness, how to return it after half the term and whether it is possible to take it back earlier.

Is it possible to get my license back before the trial? It is possible, but you need good reasons for this. If the motorist believes that he did not commit an offense, or that it should not be punished in this particular way, he can challenge the decision of the traffic police inspector in court. To increase your chances of success, you need to enlist the support of an experienced lawyer and collect a whole package of documents.

It may turn out that the witnesses live in another area; promise to pay the expenses. As a rule, witnesses are ordinary drivers and meet halfway.

Therefore, read the protocol more carefully; every incorrect number or letter in it gives you a chance to remain with your license and without a criminal record.

After this, submit a written request to exclude the above documents from the evidence, since in accordance with Part 3 of Article 26.2 of the Code of Administrative Offenses of the Russian Federation, this evidence was obtained in violation of the law. To bring a driver to administrative responsibility for driving a vehicle while intoxicated, it is necessary to establish the state of intoxication by an on-site examination report or a medical examination report. The certificate of examination for alcohol intoxication is drawn up by a traffic police officer right at the place where the vehicle is stopped.

Otherwise, the judge will return the protocol for revision, the violations will be corrected, and the material will again be sent to the judge for consideration.

Drawing up a protocol upon deprivation of rights

Many drivers mistakenly believe that if they were checked on the device, then it is no longer possible to win the case and defend their rights. This is not true for an experienced lawyer: deprivation of rights for alcohol intoxication can be challenged.

If the administrative offense provided for in Part 1 or 2 of this article is repeated, it will entail deprivation of the right to drive vehicles for a period of three years.

This type of violation is one of the most severe. Deprivation of rights for alcohol lasts from one and a half to two years. A more severe punishment is provided only if you repeatedly violate traffic rules.

If the administrative offense provided for in Part 1 or 2 of this article is repeated, it will entail deprivation of the right to drive vehicles for a period of three years.

Today, fraud has become quite common when, after the seizure of your rights, security guards offer you to buy them back, allegedly guaranteeing that there will be no consequences for these actions. However, all the same, the administrative protocol has been drawn up, and in fact, the trial will still be scheduled.

If a citizen wants to get a license after being deprived of it early for drunkenness, the law provides for this possibility. It is necessary to file a petition with the court to return the certificate.

Call us if you find yourself in such a situation, and we will begin a detailed study of the case materials and search for mistakes; searching for evidence that the client acted in circumstances of extreme necessity.

If the court decision has not been challenged within the established time frame, then the document is confiscated. The citizen must come to the traffic police department and surrender his license.

If you are threatened with deprivation of your rights, do not panic right away - you have a chance to save the situation. Experienced motorists are aware of how to get their license back before trial, using several completely legal methods, which I will tell you about in this article.

Is it possible to get your license back before a trial for alcohol?

No one argues that if the issue of deprivation of a driver’s license (VL) arose due to gross violations of traffic rules (traffic rules), then this is a fair punishment for an unscrupulous driver.

Even tougher laws do not stop Russian motorists from driving under the influence. Every day, traffic police inspectors record hundreds of such offenses, the main punishment for which is the confiscation of the driver’s license. Is it possible to return rights for drinking and how to organize it correctly?

You can find a lot of information on this issue on the Internet, but not everything indicates the existing nuances in restoring your rights to drive a vehicle (hereinafter referred to as the vehicle).

If the offender has not surrendered the license within 3 days from the date of entry into force of the court decision on rights, if it was not confiscated earlier, then the period of deprivation is interrupted until the date of its surrender or confiscation, or until the statement of its loss , sent to the traffic police. A similar rule applies to temporary permits.

A driver's license is issued by the traffic police authority that executed the decision to revoke it. Information about this body should be in the resolution itself.

Now this is the sole competence of the court. But a new task appeared. How to convince a judge that you are right? In this article we will look at the main aspects that will help you win the case against the DPS.

The protocol is drawn up in two copies, signed by an official, the driver, and two witnesses. The citizen receives one option, the second one is assigned to the administrator.

Check witnesses and witnesses (they can be “pocket”, that is, constantly cooperate with the same traffic police inspector).

Deprivation of rights is carried out exclusively through the courts. Chapter 12 of the Code of Administrative Offenses of the Russian Federation clearly defines situations when the implementation of the process of deprivation of rights is legal. Remember...

In 2017, certain changes were made to the Code of Administrative Offenses. In particular, the driver should be aware that today the traffic police inspector cannot confiscate a driver’s license directly during a traffic stop. After deprivation of your driver's license by a court decision, you can file a claim with the court to review the first decision, or file a statement that indicates a violation...

What to do if you are deprived of your license for drunkenness

Cases related to the revocation of a driver's license for driving a vehicle while intoxicated can be legally won by resorting to the following rules:

Pay special attention to how legal the actions and procedures performed by the IDPS were. Every step, an unfilled column, an unsigned witness (etc.), committed by an inspector in violation of norms and procedures - these are the building blocks of your victory in court. To do this, you will need to study all these procedures thoroughly.
Pay attention to inconsistencies in dates, times, location descriptions, and other formal elements of the case file. It often happens that something is missing or done after the fact. Traffic police inspectors are people too and can make mistakes.
Talk to witnesses. Perhaps you can find support in them. (In principle, make sure at least that the witnesses indicated in the protocol are exactly the people who were at the scene)
And many, many other nuances and subtleties.

Guru » Feed of comments to “What to do if you’ve been deprived of your license for drinking and how to get it back after half a sentence?

Citizen K. had 25 years of driving experience when he was stopped by an inspector for exceeding the speed limit by 20 km/h. During the entire period of driving the vehicle, the most flagrant violation of the rules on the part of the driver was that he once left the house, forgetting his license. However, the meeting with the traffic police officer, who openly tried to extract money from him, ended in deprivation for 7 months.

A court decision is made within two months from the date of commission of the offense on the basis of a protocol drawn up by a traffic police officer on the spot and signed by the offender. If the driver refuses to sign the protocol, a corresponding note is made in the protocol.

If possible, you should definitely use the services of a lawyer.
It is necessary to draw your attention to the fact that judicial practice also shows that such cases are often closed without making a serious decision, since there are a lot of violations in the preparation of the protocol, there is a lack of evidence that could determine the driver’s guilt, etc. Important! The court decision enters into legal force only 10 days after its copy is delivered to the offender. If the 10th day coincides with a weekend or holiday, it is transferred to the first working day.