Is it possible to reduce the period of deprivation of a driver's license?

How to reduce the period of deprivation of a driver's license under the new law

Punishment in the form of a driving ban is used quite often in practice. The terms for different offenses differ and, according to the Code of Administrative Offenses of the Russian Federation, range from 1 month to 2 years, and while the confiscation of a driver’s license for a month or two can be tolerated, a longer period of punishment often forces motorists to look for ways to solve this problem.

Let's look at what can be done to reduce the period of revocation of a driver's license.

How to reduce the period of deprivation of rights. New law

The legislator did not provide for a reduction in the period of deprivation of a driver’s license, although in 2015 the State Duma did actively discuss the possibility of early return of the license.

According to the bill introduced at that time, after half the punishment period had passed, it was assumed that the period of deprivation of rights could be changed towards a reduction or even early cancellation if the court considered the driver to have reformed.

You had to prove your readiness to get behind the wheel again through hard work and exemplary behavior. The basis for the return of the certificate under the bill was a corresponding petition from the employer or the body that monitored the execution of the punishment (State Traffic Safety Inspectorate). Also, the reduction in the period of deprivation of a driver's license in 2015 implied an exemption from taking the theoretical exam for those citizens who had not driven a vehicle for less than a year.

Note: The bill provided concessions for motorists who lost the right to drive a vehicle for traffic violations not related to drunk driving.

Is it possible to petition the court to reduce the period of deprivation of a driver's license in 2018?

No. Unfortunately, the bill did not receive adequate support in the State Duma, so it is impossible to ask the court to prematurely return the driving document. However, a reduction in the period of deprivation of a driver’s license is allowed to the lower limits of the sanction of the article of the Code of Administrative Offenses of the Russian Federation when considering the case.

For example, for driving a car without registration plates, your license will be taken away for 1-3 months. If a citizen’s identity card was confiscated for 2 or 3 months, he can appeal such a decision and ask to reduce the period of punishment to 1 month, indicating compelling reasons and mitigating circumstances for this.

How to legally reduce the period of deprivation of a driver's license

Despite the fact that the mechanism for early return of the license has not been implemented, there is a possibility of challenging the judge’s decision, on the basis of which a driving ban is established.

Is it possible to reduce the period of deprivation of a driver's license in this way?

Yes. It is allowed to reduce the penalty under the article (for example, change the terms of confiscation of licenses for driving while drunk from 24 months to 18) or challenge the decision completely.

If the appeal of the court decision fails, the violator should hand over the license to law enforcement agencies as soon as possible so that the period of the driving ban begins. Failure to submit the certificate within three working days from the moment the document on deprivation comes into force only increases the term of punishment!

Appeal against the decision

Reducing the period of deprivation of the right to drive a vehicle is allowed only by challenging the decision to prosecute.

What is needed to reduce the period of deprivation of a driver's license? Once a judge makes a decision to hold a citizen accountable, the offender is given 10 days to file a complaint with the appellate authority. During this time, the driver can drive the car.
Is it possible to go to court to reduce the period of deprivation of a driver's license ? No. This type of complaint cannot be filed; it is only allowed to challenge court decisions. When reviewing the case, you need to demand mitigation or cancellation of the punishment, thereby you can significantly reduce the period of deprivation of the right to drive a vehicle if you successfully justify your position.

A complaint against a decision on prosecution for committing an administrative offense must be sent to a higher authority.

Since usually cases of confiscation of a certificate are considered by magistrates, the review of the decision is carried out by city (district) courts. They also consider complaints against any other administrators. resolutions.

Where exactly to address the complaint is indicated in the operative part of the resolution. You must submit documents for appeal consideration through a magistrate judge.

IMPORTANT: It is best to entrust the preparation of a complaint to an auto lawyer who is fluent in all the intricacies of administrative proceedings.

The consequences of considering a complaint may be as follows:

leaving the act being appealed unchanged;
changing the penalty, including reducing the period of deprivation of rights;
cancellation of the appealed document due to the recognition of the person not guilty of committing a violation;
sending materials for re-consideration if there are procedural violations.

In order for the procedure for reducing the period of deprivation of the right to drive a vehicle in court to end successfully for the motorist, it is recommended to use the services of a lawyer.

What should be done to reduce the period of deprivation of a driver’s license if the complaint was not filed within a ten-day period? In this situation, challenging the decision is also possible, but in a different order - supervisory. The complaint should be written to the supreme, regional, regional court, the court of Moscow, St. Petersburg or an autonomous entity, the Supreme Court of Russia.

Timely delivery of rights

After the decision to prosecute comes into legal force, the certificate must be handed over to the police department. This must be done within three working days. Submission of the document is also provided in a situation if you are going to challenge a court decision in a supervisory authority - because otherwise, if the appeal fails, the period of deprivation will not begin to run from the moment the decision comes into force.

If the license is not handed over in a timely manner, the period of punishment will not be calculated. Thus, the sooner the violator contacts police officers, the sooner he will be able to return the certificate.
If your license is lost, you must report this to the traffic police. In this case, the deadlines will be calculated from the moment the corresponding statement of loss is sent.

IMPORTANT: If you want to write a “false” statement of loss and keep the driving document in your possession in this way, you still will not be able to use it, since this may result in administrative liability, the expiration of the period of involvement and an additional fine.

Is it possible to reduce the amnesty period?

Amnesty provisions do not apply to citizens who have committed an administrative offense. The possibility of reducing the sentence was provided for by Soviet legislation.

For those deprived of driver's rights in the framework of a criminal case, amnesty provisions may be applied, if such are established by the relevant Presidential Decree. Amnesty acts are issued on significant dates or major public holidays and may affect various categories of persons prosecuted.

Practice shows that most often the amnesty applies to Part 1 of Art. 264 of the Criminal Code of the Russian Federation, that is, “sober road accidents” with grave consequences. Drunk drivers may not receive leniency.

Finally

Thus, the only possible option to reduce the period of deprivation of a certificate is to appeal the decision to prosecute. To find out about your chances of winning an appeal, ask a car accident lawyer. The specialist will give practical recommendations for your specific case.

Questions for a lawyer

Question. I am a group 2 disabled person. I drove while hungover and my license was disqualified for 21 months for residual effects. I heard that people with disabilities cannot have their license taken away if they use a car due to illness. Tell me, is it possible to reduce the period of deprivation of rights? Can I hope that my sentence will be overturned on appeal?

Lawyer's answer. Indeed, there is Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, according to which disabled people cannot be deprived of their rights. But there are also a number of violations, the commission of which will result in the disabled person’s ID being confiscated. Driving while drunk is one of these violations, so your license was legally deprived. However, you can ask the appellate court to reduce the period of the driving ban to 18 months, citing the vital need for a car.

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Reducing the period of deprivation of a driver's license

The content of the article

According to Russian legislation, a vehicle is a source of increased danger. For this reason, only citizens with a driver's license are allowed to drive a car. It is not easy to obtain, but it can be lost if certain provisions of the rules of conduct on the road are violated. For many drivers, a car is not a luxury, but a vital necessity. If they find themselves in such a situation, then they are concerned about the question: is it possible to reduce the period of deprivation of a driver’s license and what needs to be done for this? It will not be possible to solve the problem on your own; you will need the help of a professional lawyer, because you will have to seek a review of the entire case.

Why does a traffic inspector have the right to confiscate a driver’s license?

Every year, changes are made to the Code of the Russian Federation on Administrative Offences, or more precisely to its 12th article, the purpose of which is to provide drivers with more severe penalties for non-compliance with traffic rules. Administrative sanctions include the confiscation of identity cards from violators for a certain period. Let's consider situations in which such punishment may follow:

For driving while drunk or under the influence of drugs. If there was a medical examination or refusal of it, then the fact of violation will be proven. It is impossible to challenge it and achieve a reduction in the period of deprivation of a driver's license. The maximum sentence for such an offense or for transferring your vehicle to a drunken citizen for use is two years, the minimum is one and a half years.
If license plates are not attached to the driven vehicle or they are applied incorrectly, the license will be taken away for up to three months. When counterfeits are deliberately used instead, the maximum period of punishment increases to one year.
When the lighting fixtures installed on the machine are used incorrectly or without special permission. Under different conditions of violation, different sentences are established - from six months to two years.
When driving in the opposite direction, including on one-way roads, you will be deprived of the ability to drive a car for a period of four to six months.
If the speed limit is violated by more than 60 kilometers per hour, then the license will be deprived for a period of up to six months; in case of repeated violation, the period will increase to twelve months.
As a result of a traffic accident, when people's health was damaged to varying degrees. The term of punishment depends on the amount of harm caused, but it will not exceed two years.
Other violations specified in Article 12 of the Code of Administrative Offenses of the Russian Federation.

Important! The final decision on the application of a particular sanction is made by the court. We must prepare well for it and make every effort to mitigate the punishment. The help of a qualified lawyer will be useful here. Having experience in judicial practice, he will tell you how to behave and prepare the necessary documents for the process.

Is it possible to reduce the period of revocation of a driver's license?

The current edition of the Code of the Russian Federation on Administrative Offenses does not contain provisions on amnesty in cases of depriving citizens of the right to drive vehicles. Before 2002, there was such a possibility, and, at the request of colleagues from the work collective of the punished person, the validity period of the decision could be revised, but now this is not the case.

There is only one way out - to seek a review of the case and invalidation of the court decision. There are a number of reasons for this:

The traffic police inspector committed violations of the current legislation. This can be expressed in incorrect execution of documents, lack of witnesses.
The traffic inspector did not explain his rights to the person responsible for the accident. The implementation of this procedure is confirmed by documentary or video recording.
The judge did not follow procedural rules during the consideration of the case.

Important! These are just general formulations of the reasons why you can challenge a law enforcement agency’s decision to revoke a driver’s license. A professional lawyer will give more detailed recommendations after considering all the circumstances of the case and finding a “weak” place there.

What to do to reduce the period of deprivation of a driver's license

To reduce it, it is necessary to recognize the decision of the magistrate who applied such a punishment as unauthorized. Russian legislation allows for such action ten days from the date on which the resolution was received. During this period, an application (appeal) is submitted to the higher court. It states:

Important! An application should be submitted only if the person punished is confident that he is right and can prove this with the help of irrefutable facts. Only then can you shorten the period of deprivation of your driver’s license or immediately return it to yourself. A successful outcome of the case can be guaranteed by cooperation with a car lawyer whose experience is necessary to achieve the goal.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.

What can be done to reduce the period of deprivation of a driver's license

A driver's license is not easy to obtain, but it is easy to lose it. It can be taken away for various reasons. What can be done to reduce the period of imprisonment?

Any vehicle is a source of increased danger. Therefore, in order to have the right to operate it, you need to undergo lengthy training, pass an exam and receive a certificate of the established form. For many people, rights provide the opportunity to earn their living, and having them is very important to them. A car is no longer a luxury and can be difficult to live without. If someone loses their driver's license, then it is important for him to know how to reduce the period of deprivation of rights.

For what violations does the inspector have the right to take away the certificate?

Almost every year some changes are made to Article 12 of the Administrative Code of the Russian Federation. Typically, amendments provide for a change in the severity of punishment for drivers for non-compliance with traffic rules for the worse for them. There are more and more reasons why a driver may be deprived of the right to drive a vehicle. The Administrative Code lists situations in which they are subject to such punishment:

— driving while drunk or under the influence of drugs. Proof of this fact will be a medical examination or even refusal of it. In this case, it will not be possible to challenge this decision or achieve a reduction in the period of deprivation of the certificate. The driver's license will be taken away for at least one and a half years, and for a maximum of two. Those who transfer their vehicle to a drunk person will be subject to the same punishment;

— if a car or motorcycle does not have license plates or they are not used as they should be, then the driver’s license may be deprived for a maximum of three months. If fake registration plates were installed, the punishment increases to a year;

- if lighting fixtures are installed on the vehicle incorrectly or without permission. The term of punishment depends in this case on the seriousness of the violation. Rights may be deprived for six months or even two years;

- in case of driving in the oncoming lane and when moving on a one-way road in a prohibited direction, a deprivation of rights is provided for for four or six months;

- if the established speed limit was violated by more than sixty kilometers per hour, then the deprivation of the right to drive a vehicle can reach a period of six months. If the violation is repeated for a year already;

- in case of an accident, if people were physically injured, the sentence will be set depending on the severity of the harm caused to them, and it can reach two years;

Article 12 of the Administrative Code of the Russian Federation provides for some other cases in which drivers may be deprived of their license. The judicial authority decides what punishment to impose. You need to be well prepared for court proceedings, and in this case you cannot do without an experienced lawyer. He can tell the driver how to behave correctly in court, what papers to provide, what examinations to perform.

How can you reduce the period of revocation of a driver's license?

In the current version of the Administrative Code there are no provisions providing for the possibility of amnesty for a driver who has been deprived of a driver’s license. Lawmakers deprived people of this right in 2002. That version of the law provided that, at the request of the work collective, the validity period of the decision to revoke a driver’s license could be revised. Now people don't have that opportunity.

There can only be one way out of this situation today; it is necessary to seek recognition of the court’s decision as invalid. This can be achieved by citing certain circumstances, a violation by the traffic police inspector of current laws, for example, if he did not properly fill out the documents, or if witnesses were not involved.

And also if the inspector did not explain all his rights to the person responsible for the accident, the inspector must confirm this action with documents or by providing video footage. When the judge did not comply with the procedural order of consideration of the case. Behind these general formulations, by which one can try to challenge a law enforcement agency’s decision to deprive one’s rights, there may be a lot hidden, which only professional lawyers know. When reviewing all the documents in the case, they may find violations and demand that the court decision be overturned. Their services are worth it, especially if the ability to earn money depends on the return of rights.

If the magistrate's decision is found to be invalid, the driver's license will have to be returned. But you need to remember that after the decision is issued, only ten days are given to appeal it, and from the date of its receipt. During this time, you need to have time to draw up and submit an appeal to a higher authority. It usually states the following:

— the name of the judicial authority to which the complaint is sent;

— information about the applicant, full name, place of residence, registration;

- date and number, details of the previously adopted court decision;

— it is necessary to indicate violations and reasons why the decision should be declared invalid;

— a request to review the adopted resolution;

— list of attached documents.

It is necessary to draw up and submit an application only if there is irrefutable evidence that you are right and violations have been identified. This is the only way to try to reduce the period of deprivation of a driver’s license or get it back if it was taken away. In order to be completely confident in the correctness of the application, in order to indicate irrefutable facts indicating the illegality of deprivation of rights, it is necessary to contact an experienced lawyer with extensive experience in handling such cases.

Reducing the period of deprivation of a driver's license

Regulatory documents provide for certain penalties for violating the rules of behavior on the road. The most severe is the deprivation of a driver's license; such a preventive measure in most cases is accompanied by fines, and in difficult circumstances, also by restriction of freedom.

Important! If you are considering your own case related to reducing the period of deprivation of rights, then you should remember that:

All cases related to reducing the period of deprivation of rights are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

Request a consultation via the form .
Use the online chat in the lower right corner.
Call:
- ☎ Federal number: 8 (800) 500-27-29 ext. 844

What are the penalties for various violations?

The most detailed information is contained in the Code of the Russian Federation on Administrative Offences. Confiscation of the certificate is required for committing serious offenses.

Important! Every year, strict punishment is used more and more often, and not for the most serious violations. This is explained by a decline in driving culture, so many people are interested in the answer to the question: is it possible to reduce the period of deprivation of a driver’s license.

The full list of offenses contains more than two dozen items; below are the main ones.

If the numbers on the car are not installed in the right place, or they are hard to see, the driver may be deprived of his license. According to Article 12.2, the sentence does not exceed 3 months.
Operating a vehicle with false license plates is punishable by a sentence of 6 to 12 months. The same applies to driving a car equipped with red or blue lighting, which does not meet the standards.
Reducing the period of deprivation of a driver's license is also of interest to those who drove a car while intoxicated and were stopped by a traffic police inspector. The law provides for punishment for such an offense for a period of 18-24 months.

If a violation of traffic rules is recorded again, the punishment is increased. The driver may be banned from driving for three years. This period is really long and it is not surprising that many motorists are thinking about how to reduce the period of deprivation of a driver’s license.

Important! The law does not limit the maximum duration of a driving ban. For particularly unscrupulous drivers who, for example, consistently drive into the oncoming lane, the sentence can reach several decades. As for the procedure for reducing it, it is quite complex, and not always possible. It is better to drive according to the rules, and there will be no problems.

How to take advantage of a unique chance and when is it permissible?

Everyone knows that once a court has made a decision, it cannot be undone. For this reason, if by a court decision you have been deprived of your “crust”, then the only thing you can try is to reduce the period of deprivation of your driver’s license. This is acceptable if the period is assessed as being more than minimal. If the punishment is calculated for 18 months, then the driver is not given the opportunity to mitigate it.

If the court decided to confiscate your driver’s license for 3 months, then you can fight for a reduction. To do this you will need:

characteristics from the place of work;
a petition with a logical justification for reducing the period of deprivation of a driver’s license. It is submitted by the defendant himself or his representative.

Alternatively, you can try to challenge the protocol drawn up by the traffic police inspector, citing the unreliability of the stated facts. A particularly important point is that the driver’s signature should not be on the document. The fact is that the presence of the signature of the citizen for whom the administrative agreement was drawn up means his agreement with the stated. If, when detained by an inspector, you nevertheless signed a document, then it will be almost impossible to challenge it. You will need the help of a highly qualified lawyer.

Is it possible to reduce the period of revocation of a driver's license?

DENIED OF RIGHTS

I had the temerity to get caught by traffic police officers twice in a month for driving into oncoming traffic. As a result, I was prohibited from driving for a year and four months. Did the court act legally by adding one term to another? And when can you apply to reduce the term - after half of the first term (4 months) or half of the total term? Is it realistic to achieve a reduction, given that I worked as a driver and this is my only source of livelihood?

The reader’s question is answered by the head of the Main Directorate for Road Safety of the Ministry of Internal Affairs of Russia, Police Lieutenant General Mikhail Chernikov.

I am not authorized to assess the legality of court decisions. At the same time, I would like to note that I see no formal grounds to consider it illegal. Apparently, the first time you were punished under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, defining as punishment deprivation of the right to drive vehicles for four months, and the second time - under Part 5 of the same article - for one year.

In this case, the summation of terms follows from the provisions of Part 3 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, according to which the period of deprivation of a special right in the event of an administrative penalty in the form of deprivation of the same special right being imposed on a person deprived of a special right begins on the day following the day of expiration of the period of administrative punishment , applied earlier.

The legislation of the Russian Federation on administrative offenses does not provide for a reduction in the period of deprivation of a special right, including the right to drive vehicles.