They want to revoke their driver's license, what should they do?

What to do if they want to revoke your driver's license?

Nowadays, such punishment for motorists as deprivation of rights is especially popular. Of course, traffic police officers claim that this sanction is not applied without compelling reasons, but there are more and more drivers who remain completely in disagreement with the inspectors every day. What to do if they want to deprive you of your driver's license? You will find the answer to this question below.

Probably no one will argue that deprivation of rights is the most serious punishment for any motorist, because the opportunity to control his “steel horse” disappears, although only for a certain period. Note that most often such a sanction is applied to young drivers who have not yet had time to gain sufficient experience.

The most common violations are driving into oncoming traffic and overtaking in the wrong place. But we must not forget about driving while intoxicated, driving a car without license plates, as well as driving through a railway crossing when there is a prohibiting traffic light, because these violations can also provide you with a pedestrian existence.

In turn, traffic police officers report that in most cases they try to get by with fines, and the most stringent measures are applied only if the driver was drunk or committed another serious violation.

We must not forget that only a court can deprive rights, so if an employee tries to do this on the spot, then he is fundamentally wrong. If he withdraws the license, he is immediately obliged to issue a temporary license that allows him to drive a car until the trial.

It must be said that any traffic police officer is a person to whom you can try to explain the reason for violating traffic rules. You might be able to get by with a fine. But under no circumstances should you enter into conflict, because nothing good will come of it.

You should also be very careful when reading the protocol. You cannot sign at the first request of an employee. You can put your signature only after the “disagree” mark, which, in turn, must be justified by specific points of the traffic rules. It is most likely possible to retain rights only if errors are made during the preparation of the protocol, so this point must be especially monitored.

It is very important not to bring the case to court, otherwise the likelihood of retaining your driver’s license will decrease to almost zero.

What to do to avoid being deprived of your driver's license

If you open the administrative code, you can find there a considerable number of reasons for which a driver’s license can be revoked. This includes violating the speed limit, driving in the oncoming lane, and driving while intoxicated. But is there a chance to get the rights back?

According to modern Russian legislation, a decision on such a violation is made by the court. But in order not to lose in court, you must act in the right way.

1. Be sure to include your comments and objections in the protocol

When your car is stopped by a traffic police officer, be sure to object to the offense charged to you. Write down your objections in a special paragraph in the protocol. For example, when crossing a continuous strip, indicate that you went around the obstacle that arose. When stopped for exceeding the speed limit, refer to the malfunction of the fixing device, or the speed of the neighboring car, which was recorded by the device. It would be nice to record in a photo all the circumstances from the scene of events, or use the recording from a car DVR.

2. Mandatory medical examination

If you want to be accused of driving while intoxicated, then it will be useful for you to know the following :

— There are permissible standards for device readings, and liability only arises if they are exceeded. At the moment it is 0.3 ppm.

- If you have not consumed alcohol in the near future, then refuse to blow into the pipe and demand a medical examination. In some cases, such persistence will be enough to resolve the conflict.

— Sometimes medical indications may be incorrect, so it is worth carrying out an examination only in an independent institution. The results obtained there will be able to convince the court of your innocence.

3. Seek legal help

Your driver's license is at stake, and if you value it, don't delay in getting a lawyer. He will not only advise you on the current situation, but also develop a line of correct behavior. In some cases, a lawyer will be able to resolve the issue with the traffic police without going to court. If a court hearing cannot be avoided, a human rights defender will represent your interests in it.

4. Preparation of materials for trial

Since only a court can deprive you of your right to drive a vehicle, it is very important to prepare legally competent objections. Every little thing can either help or harm you. It is worth explaining to the court that there is no fault in your actions, that the violation was registered with errors. You must also ask the court to attach the evidence you and your lawyer have collected to the case.

5. Be sure to participate in the court hearing

At the appointed time, you and your representative must appear at the court hearing to defend your position. Provide the court with the collected evidence and correctly explain your position. The court's decision will be influenced by specific circumstances and the degree of your guilt. In addition, often the driver’s actions can be examined from different points of view, and the same, for example, driving in the oncoming lane can be reclassified according to the norms of another article of the Code of Administrative Offenses, which will help, instead of deprivation of a driver’s license, to receive a fine in the form of a fine.

6. Preparing a complaint to a higher authority

If the court nevertheless made a decision to hold you accountable in the form of deprivation of your driver’s license, do not despair. This is not a final judgment, and you have the right to appeal to a higher court within ten days of receiving a copy of the judgment.

The complaint must contain a list of circumstances not taken into account by the court of first instance. In case of violation of the statute of limitations by the court, it is worth referring to this fact. If the court does not accept your arguments, the driver’s license must be handed over to the traffic police department, to which the inspector who compiled the report on your violation reports.

7. Procedure for returning a driver’s license

By the end of the period of revocation of your driver's license, you need to take certain actions:

— You must pass a traffic rules exam. To do this, contact any examination department convenient for you.

— If your license is revoked for driving under the influence of alcohol or drugs, you will need a medical certificate.

— If you have outstanding fines, you must pay them.

Next (if the period of administrative punishment has already completely passed), you need to contact the traffic police department to which you submitted your driver’s license with examination results on traffic rules, a medical certificate and a civil passport.

Deprivation of a driver's license is a fairly severe punishment, but each specific situation contains its own legal subtleties, and the help of a competent lawyer can significantly change the course of the case.

Our experienced specialists will provide you with the necessary advice, help you draw up explanations for the court, and, if necessary, a complaint to a higher court.

How to avoid deprivation of rights for alcohol intoxication

Driving while under the influence of alcohol is a very serious offence. The law punishes it to the fullest extent: the driver will be punished in the form of deprivation of his driver’s license and a significant fine.

The period for which you can lose your license for alcohol intoxication ranges from one and a half to two years. It should be remembered that not only independent driving of a vehicle is punishable, but also transferring it to a person who is intoxicated.

Deprivation of rights for a specified period is resorted to if the driver has committed an offense for the first time. If he gets behind the wheel again while intoxicated, he will face a longer deprivation of his license. The period will be three years.

Is it possible to avoid deprivation of rights?

A driver's license for intoxication will be revoked in court. Cases are considered either by a district court, or a court at the place where the violation was committed, or a court located at the place of registration of the violator.

It should be understood that deprivation of rights for alcohol intoxication can be appealed. Court decisions of the 1st instance are subject to appeal. To challenge them, you must file an appeal. But the decision of the appeal court is final. It is no longer possible to change it.

The Right Action

How to avoid deprivation of rights for alcohol intoxication? In such a situation, it is not recommended to act independently. In situations where your license is revoked for drunkenness, the judge will clearly not be on your side. That is why it is recommended to contact a professional lawyer who will help you avoid deprivation of rights.

The first step is to analyze the evidence. To do this, copies of the following documents are studied:

• protocol on removal from driving a vehicle;
• act of examination of the state of intoxication;
• research results for this act;
• protocol on the commission of an offense of an administrative nature;
• protocol on referral for medical examination;

In addition, the following documents will be useful:

• a report from the road service officer who compiled the protocol;
• testimony of witnesses and/or witnesses.

The protocol on suspension, according to the Code of Administrative Offences, is the first document on the initiation of proceedings on the fact of an administrative violation (i.e. driving while intoxicated). This document contains the reasons why the driver was removed from driving the vehicle, information about the witnesses, the signature of the violator, as well as the traffic police officer himself.

Deprivation of rights for intoxication is possible only if the fact of intoxication is established. The traffic police officer issues a certificate of refusal to undergo inspection directly where he stopped your car. A prerequisite is the presence of 2 witnesses.

To avoid deprivation of rights, the driver needs to remember exactly how the examination took place. Did it happen on the street or in a traffic police car? Did witnesses see how you were tested on a breathalyzer, who exactly acted as witnesses?

At this stage, the lawyer works with witnesses. We need to find out what exactly they saw. They may have simply signed documents or even blank forms that have not yet been filled out. If such details are revealed, deprivation of a driver's license can be avoided if the witnesses agree to testify during the trial.

When studying the act, you need to check:

• paper media (a receipt issued by a breathalyzer);
• digital media.

If the information on them does not match, there is a chance that you will avoid imprisonment for alcohol intoxication. In addition, the presence of signatures, the “agree/disagree” column, etc. are carefully checked. It is necessary to find out which device was used and whether its use is currently prohibited. Is there a certificate for the breathalyzer, when and how was the device calibrated?

The best way to avoid deprivation of rights is not to challenge the results, but to present the facts of violations. It is on this that it is most effective to build a defense if a driver is subject to deprivation of his license for alcohol intoxication.

Medical examination

In a situation where a violator is sent to a medical institution to undergo an examination, an appropriate protocol is drawn up. This document sets out the reasons. They are different. So, a driver can be sent for a medical examination if he:

• refuses to undergo an on-site examination;
• passed the examination, but does not agree with its results.

In addition, the traffic police officer can send the driver for examination if he has reason to believe that the person is intoxicated, but the breathalyzer gives a negative result.

First of all, the legality of sending for a medical examination is checked. It is necessary to find out what reason the traffic police officer indicated, whether his records correspond to what is indicated in your copy of the protocol.

If the alcohol intoxication examination was not carried out on the spot, but the driver did not refuse it, there were no grounds for referral. Thus, a medical examination performed by a doctor is considered illegal, which means it cannot be used as evidence of alcohol intoxication.

What do you need to know about medical examination?

As a result of this procedure, an act is drawn up. Only a doctor has the right to draw it up (exceptions are rural areas where there is no doctor; then a paramedic is responsible for drawing up the act). These health workers, according to the order of the Ministry of Health, are required to undergo special training and receive a certificate. The date of its issue is indicated in the act. The validity of this certificate is 3 years. If the certificate is invalid, the result of the medical examination will also be invalid.

This can be a serious reason in court, which will help avoid deprivation of your driver's license.

Protocol on administrative violation

This document is drawn up after the examination. You should pay attention to the place where it was compiled. Is it really the address where your vehicle was stopped by the traffic police officer? Have all the witnesses been included in the document? If this is not the case, you can file a motion to summon all witnesses to the court.

Another way to avoid deprivation of rights for alcohol intoxication is to prove that the driver was subjected to psychological pressure or used methods of deception. However, it is quite difficult to prove that the driver wrote the explanation under pressure.

This way, if you are subject to a DUI suspension, it can be avoided. How you can avoid losing your driver's license is another question. DUI license revocation cases are not easy to win.

Each case of deprivation of a certificate is unique in its own way. Thus, a detailed analysis of evidence and careful preparation of documents come first.

By building an active line of defense, you can refute the fact of alcohol intoxication in court. This means that you will not be subject to deprivation of your ID.

Help for the deprived in Moscow. If you have been deprived of your rights

Our company is ready to offer several options for getting out of this situation, namely, buying and obtaining rights in Moscow:

I. The specialists of our company find a person similar to you in the traffic police, make a copy of his ID and replace the photo with yours. If this method fails, employees will simply use their personal data and change their photo. Proof of identity on the roads is a driver’s license, which means no one will require a passport. We can perform the same procedure with the data of any of your acquaintances, relatives or friends. This method of buying rights in Moscow is less expensive and will cost you only 14,000 rubles. Our company provides complete confidentiality to its clients. Our work is paid only after receiving the order in the hands of the buyer.

II. This method of buying a certificate in Moscow is very simple and profitable in terms of money (25,000 rubles). Our employees, when issuing a driver's license, will make a mistake in the date of birth. After which, you will be registered as a new person in the traffic police. When checking on the road, it is not necessary to present your passport.

III. Buy and get a completely new driver's license in Moscow. They will undergo verification through MREO, indicating authenticity. Information about your previous license will be completely and irrevocably deleted, and your driving record will be reset to zero. This will be a completely new driver's license. All necessary documents are stored in the archive. We make it possible to buy a driver's license in Moscow only legally. This service will cost you 50,000 rubles.

What if you have been deprived of your driver's license?

1. A Highway Patrol officer cannot (under updated rules) pick up a driver's license on the spot.
2. Only a court can decide to revoke a driving license. According to the legislation of the Russian Federation, you can file a claim within ten days. If the result is positive, you will get your driver's license back.
3. For a detailed study of the problem by our specialists, call us or get a consultation online.

Types of offenses and terms of imprisonment

1. Confiscation of ID (from warning to 3 months):
   • Driving vehicles without license plates;
   • Purposeful hiding of the number;
   • Obstructing the movement of an ambulance or a police patrol;
   • Driving a vehicle without a license.

2. The threat of confiscation of the certificate for three months to six months looms in case of serious violations during the crossing of the railway.