Procedure for returning a driver's license after deprivation

Returning a license after deprivation: how to properly return a driver’s license

Deprivation of the right to drive a vehicle is one of the most painful and, let’s not be afraid of this word, terrible moments for a motorist. It’s easy to part with your driver’s license, but you still need to get it back. So, how to return your rights after deprivation and what is the procedure for returning?

For many citizens, a driver's license is their life.
For some, their work is directly related to cars and driving is a paramount necessity for them, while others simply do not see and cannot imagine themselves and their lives without a steering wheel and the road. Practice shows that innocent people sometimes fall into the millstones of the law and are also deprived of the right to drive a vehicle. However, we will not consider extremes, but will remind you for what offenses they are most often transferred to the bench. This is a state of intoxication, refusal of a medical examination for intoxication or giving the car to a person in a state of intoxication to drive (Articles 12.8, 12.26 of the Code of Administrative Offences), driving into oncoming traffic or tram tracks in the opposite direction (Article 12.15 of the Code of Administrative Offenses) and exceeding the maximum permitted speed more than 60 km/h (Article 12.9 of the Administrative Code).

How does the deprivation procedure work?

The traffic police inspector does not take the document from the offending motorist right on the spot, allowing you to drive with a license until the trial. After the decision is made, the citizen is given ten days to appeal (if he does not agree with it) to higher courts. Lawyers note that the chances of getting back on the road by filing an appeal are quite high. The reasons for this are different, starting with incorrect paperwork, that is, the human factor, and ending with a frankly incorrect interpretation of what happened.

After a court verdict has been issued, which remains without appeal, you must submit your license to the local traffic police department within three working days. This is part 1.1 of Article 32.7 of the Code of Administrative Offences: “Within three working days from the date of entry into force of the decision imposing an administrative penalty in the form of deprivation of the corresponding special right, a person deprived of a special right must submit the documents provided for in parts 1 - 3.1 of Article 32.6 of this Code , to the body executing this type of administrative punishment, and in case of loss of these documents, report this to the specified body within the same period.”

In return, the “disenfranchised” will receive a document confirming the transfer of rights to the inspector and a copy of the decision in court after the punishment is imposed.

What if you don’t pass your license?

Surely anyone or almost anyone deprived of rights is interested in the question - what will happen if you do not submit the document? Definitely nothing good, namely, actually an extension of the punishment, according to Part 2 of Article 32.7 of the Code of Administrative Offenses:

“If a person deprived of a special right evades submitting the relevant certificate (special permit) or other documents, the period of deprivation of the special right is interrupted. The course of the interrupted period of deprivation of a special right continues from the day the person surrenders or withdraws the corresponding certificate (special permit) or other documents, as well as the receipt by the body executing this type of administrative punishment of the person’s statement about the loss of these documents.”

Rights return procedure

Currently, the rules for returning a driver's license are as follows. So, the period of deprivation has expired (that is, the punishment imposed has ended), and are you ready to run for the coveted “crust”? Take your time, because you must first submit documents and go through certain procedures necessary to obtain a driver's license after revocation.

It includes a passport of a citizen of the Russian Federation or other identification document, a copy of the court order, a document confirming the fact of passing a driver’s license and a medical certificate. In a number of situations, the latter is optional, and there is even a decision of the Supreme Court of the Russian Federation N AKPI13-228 dated April 11, 2013, and in fact, traffic police officers may require it. But a medical certificate is required if rights were deprived under parts 1 and 4 of article 12.8 of the Code of Administrative Offenses, part 1 of article 12.26 and part 3 of article 12.27, as well as under parts 2, 4 and 6 of article 264 of the Criminal Code of the Russian Federation.

Theoretical exam and penalties

However, documents alone are not enough to return a driver’s license. After the expiration of the sentence in the form of deprivation, several “barriers” will remain - passing a theoretical exam at the traffic police on knowledge of traffic rules and paying all fines, if any.

RIA Novosti / Pavel Lisitsyn

By the way, these points are mandatory and are contained in Part 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation: “After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license confiscated from a person subject to this type of administrative punishment are returned after checking his knowledge of the Traffic Rules and after paying in the prescribed manner the administrative fines imposed on him for administrative offenses in the field of traffic, and for committing administrative offenses provided for in parts 1 and 4 of Article 12.8, part 1 Article 12.26 and part 3 of Article 12.27 of this Code, as well as a medical examination of this person for the presence of medical contraindications to driving a vehicle.” If you did not pass the theory, then the retake will be only after seven days. Of course, you do not need to take the practical part (driving).

After completing all formalities and procedures, you can obtain a driver's license at the traffic police department at your place of registration.

Illegal actions

We will warn those who still want to drive, despite the fact of deprivation of a driver’s license, and this time we will listen to the Criminal Code of the Russian Federation, Part 1 of Article 327: “Falsification of a certificate or other official document granting rights or exempting from duties, for the purpose of its use or sale such a document, as well as the production for the same purposes or the sale of counterfeit state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, forms, are punishable by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for up to two years.”

Shutterstock/VOSTOCK Photo

But part 3 of the same article of the Criminal Code of the Russian Federation: “The use of a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of up to four hundred eighty hours, or by correctional labor.” labor for up to two years, or arrest for up to six months.” Thus, it is better to walk until the end of the deprivation period.

Obtaining a driver's license after deprivation - rules for returning a driver's license at the traffic police department

In this article we will look at everything related to obtaining and returning a driver’s license after deprivation. Those who comply with all traffic rules are unlikely to be familiar with the procedure for depriving them of the right to drive a vehicle, but those who violate the rules should have heard about the amendments to the Code of Administrative Offenses of the Russian Federation introduced on September 1, 2013. According to paragraph 3 of Article 28 of the Federal Law “On Road Safety”, rules for return are established in the event of loss of the grounds for the validity of the rights.

Along with changes to the Code of Administrative Offenses of the Russian Federation, certain amendments were made to the process of deprivation of rights. It has been simplified a little, now your license is not taken away on the spot, and you drive with it to the court. After the court makes its decision, you will have 10 days to appeal the decision if you disagree with it to higher courts. The chance of getting the deprivation decision overturned is great, because some traffic police inspectors often state the essence incorrectly, so it’s worth finding a good lawyer to handle your case.

We wrote in more detail about the procedure and terms of deprivation of rights here

The process of returning rights after deprivation

Those who have been deprived of their license for the first time are interested in the question of the procedure for returning and issuing a driver’s license after deprivation. Now we will try to give you a detailed answer to all your questions. After the court has made a decision and you have not appealed it, you need to submit your driver’s license to the local traffic police department within three days.

Within three working days from the date of entry into force of the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right, a person deprived of a special right must submit the documents provided for in parts 1 - 3.1 of Article 32.6 of this Code to the body executing this type of administrative penalty , and in case of loss of these documents, report this to the specified authority within the same period.

Part 1.1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation

If you had a temporary permit to drive a vehicle, then hand it over too, otherwise the period of deprivation will not begin. You should not shy away from submitting your certificate, as you will extend your own sentence.

If a person deprived of a special right evades submitting the relevant certificate (special permit) or other documents, the period of deprivation of the special right is interrupted. The course of the interrupted period of deprivation of a special right continues from the day the person surrenders or withdraws from him the corresponding certificate (special permit) or other documents, as well as the receipt by the body executing this type of administrative punishment of the person’s statement about the loss of these documents.

Part 2 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation

After delivery, you will be given a document confirming the fact that the certificate was handed over to the inspector. In court, after the sentence has been imposed, you must take a copy of the decision.

First, calculate the end date of the sentence imposed. To do this, you don’t need to know higher mathematics, everything is simple: the date of receipt of a copy of the court order, add 10 days to it for appeal and add the sentence itself. Having calculated the date, remember it, since the next day you can safely go for your license.

However, before you take away your license, you need to collect a package of documents and prepare for the exam, refreshing your memory of traffic rules.

List of necessary documents to restore a driver's license after deprivation:

Passport of a citizen of the Russian Federation or other identification document.

A copy of the court order.

A document confirming the fact of passing a driver's license.

A valid medical certificate (optional!).

There is a very interesting decision of the Supreme Court of the Russian Federation dated April 11, 2013 N AKPI13-228

For those who don’t want to read it, here are some short excerpts:

Therefore, the return of valid driver's licenses to persons whose driving license has expired must be made without them providing a medical certificate

Declare invalid from the date the court decision comes into force paragraph 42 of the Rules for passing qualification exams and issuing driver’s licenses, approved by Decree of the Government of the Russian Federation of December 15, 1999 N 1396.

Supreme Court decision AKPI13-228

It turns out that when you return your license, you will not need a medical certificate. But in practice, traffic police officers demand it and it will be possible to argue with them only in court.

However, for those who have been deprived of their rights under articles: parts 1 and 4 of article 12.8, part 1 of article 12.26 and part 3 of article 12.27, a medical certificate is required, and it is also needed for those who have been deprived of the right to drive a vehicle under parts 2, 4 and 6 Article 264 of the Criminal Code of the Russian Federation.

4. Upon expiration of the period for deprivation of a special right, documents confiscated from a person subjected to this type of administrative punishment are subject to return, except for the cases provided for in part 4.1 of this article.

4.1. After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after payment in accordance with the established procedure of administrative fines imposed on him for administrative offenses in the field of road traffic, and for the commission of administrative offenses provided for in parts 1 and 4 of Article 12.8, part 1 of Article 12.26 and part 3 of Article 12.27 of this Code, also a medical examination of this person for presence of medical contraindications to driving.

Parts 4 and 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation

Is it necessary to take the theory test?

Next, you will have to pass a theoretical exam on your knowledge of traffic rules. In general, this is an extremely controversial point. Previously, we wrote that those who were deprived of their rights before September 1, 2013 do not need to take the exam, but those who were deprived of their rights after September 1, 2013 - passing the exam is required. This is exactly what the Supreme Court thinks and this is exactly what the Code of Administrative Offenses of the Russian Federation tells us:

A person who has committed an administrative offense is subject to liability on the basis of the law in force at the time the administrative offense was committed.

Part 1 of Article 1.7 of the Code of Administrative Offenses of the Russian Federation

However, in practice it turned out that absolutely all traffic police departments require mandatory passing of the theoretical part. You can receive a written refusal and go to court with it, but this can drag on for quite a long time, so we recommend that you simply prepare and pass the theory, there is nothing complicated about it. The legislation contradicts itself in two cases at once, but we can’t do anything about it, everyone chooses which path to follow.

The return of a driver's license in 2019 is carried out only on the condition that all traffic police fines have been paid on time. Part 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation informs us about this.

You can read more about traffic police fines and their payment here.

After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after payment in accordance with the established procedure of administrative fines imposed on him for administrative offenses in the field of road traffic, and for the commission of administrative offenses provided for in parts 1 and 4 of Article 12.8, part 1 of Article 12.26 and part 3 of Article 12.27 of this Code, also a medical examination of this person for presence of medical contraindications to driving.

Part 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation

Issuance of rights after deprivation

You already know for sure that you have paid all the fines and the period of deprivation of your license has expired - where can you pick up your license? Let's go back a little to the beginning and remember where we handed over our driver's license. That's right: to the traffic police department at your place of registration. It follows that you will have to pick them up from there.

More information about the categories of the new Russian driver's license in 2019 can be found here.

Is it necessary to retake the traffic rules after the deprivation of rights at the end of the period? Yes, you won’t be able to just come and get it, since now it is mandatory to pass a second knowledge test regarding the Traffic Rules. That is, you do not have to get behind the wheel again and take the practical test; all you are required to do is have excellent knowledge of the theory.

If the exam was failed, then retaking the exam after deprivation of rights is possible only after 7 days, so you should prepare in advance. After the documents have been submitted and the exams have been passed, you must be issued a driver's license after revocation. As a rule, the entire process takes 1 day, but depending on the efficiency of the employees, the issuance may take a little longer.

How to get your license back after being revoked in another city

It often happens that the protocol on an administrative offense was drawn up in another city. Then both the court case and the delivery of your driver’s license will take place at the scene of the incident. How can I get my ID back then?

You have at least two options:

Personally come to the traffic police department where your license is stored;

Contact the traffic police department at your place of registration, where employees will send a request to the required department. After that, you need to wait for them to arrive in your area and get them. The waiting period can be up to two weeks, since the document will be sent by postal service.

Is it necessary to take away your license immediately after the expiration of your sentence? According to Part 5 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation, the storage period for a driver’s license is 3 years, after which they are destroyed. But if you are a year or two late, no additional fines will be imposed, the main thing is that they are not destroyed, otherwise you will have to restore them.

The restoration process is similar to restoring rights in the event of loss.

5. Storage of unclaimed documents is carried out for three years. After the specified period, unclaimed documents are subject to destruction.

Part 5 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation

Early return of driver's license

After the court has ruled in favor of removing you from driving a vehicle, the question arises of early return of your license or purchasing it from the inspector. You cannot return your license before the end of your sentence; it is illegal. It is possible to return them only by bribing the inspector, and this is punishable by the Criminal Code.

1. Forgery of an official document granting rights or exempting from obligations for the purpose of its use or sale of such a document, or production for the same purposes or sale of counterfeit state awards of the Russian Federation, RSFSR, USSR, stamps, seals or forms - is punishable by restriction of freedom for a term up to two years, or forced labor for up to two years, or arrest for up to six months, or imprisonment for up to two years.

Part 1 of Article 327 of the Criminal Code of the Russian Federation

5. The use of a knowingly forged document, except for the cases provided for in part three of this article, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of up to four hundred eighty hours. , or correctional labor for up to two years, or arrest for up to six months.

Part 5 Art. 327 of the Criminal Code of the Russian Federation

In addition, the traffic police officer is your accomplice in crime (he helps you by making a fake driver's license for you).

5. An accomplice is recognized as a person who assisted in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime or removing obstacles, as well as a person who promised in advance to hide the criminal, means or instruments of committing a crime, traces of a crime or objects obtained by criminal means, and equally a person who promised in advance to purchase or sell such items.

Part 5 of Article 33 of the Criminal Code of the Russian Federation

Therefore, before you think about early return, think about the punishment that threatens for this.

That's probably all the information we wanted to tell you about. We hope you have found answers to all your questions and now fully know the procedure for obtaining a driver’s license after being revoked by the traffic police. From now on, be more careful on the roads and don’t break any more rules!

New procedure for returning rights after deprivation from October 20, 2018

The government has made changes to the rules for returning a driver's license after revocation.

From October 20, 2018, for those who want to return their driver’s license, it will be somewhat more difficult to do this due to changes in the Rules for the return of a driver’s license after the loss of grounds for termination of the right to drive a vehicle, which were introduced by the Government of the Russian Federation on October 10, 2018.

The corresponding document (Resolution of the Government of the Russian Federation No. 1210) is currently officially published on the Internet portal of state legal acts. You can view the document here.

Let us recall that, according to the current legislation, until October 10, 2018, the return of a driver’s license after the expiration of the period of deprivation was regulated by Government Decree No. 1191 of the Russian Federation “On approval of the rules for the return of a driver’s license after the loss of grounds for termination of the right to drive a vehicle,” which was adopted on November 14, 2014 .

Thus, according to the old resolution No. 1191, in order to return a driver’s license after the expiration of the period of deprivation, the driver must pass a theoretical exam at the traffic police. If a driver has been deprived of his license for driving under the influence of alcohol or drugs or for refusing to undergo a medical examination, in addition to passing exams on knowledge of traffic rules, in order to return the driver's license, it is also necessary to provide a medical certificate to the traffic police (even if the license has not expired).

However, contrary to the widespread myth that drivers must also pay all fines for traffic violations in order to get their license back, there was not a word about this in Government Resolution No. 1191.

As a result, a lot of drivers who had previously been deprived of their driver’s licenses and had debts on fines calmly returned their driver’s licenses without paying fines after passing the traffic police exams. It is worth noting that many drivers never paid the fines imposed on them. Moreover, many former disenfranchised people incurred huge debts.

Let us remind you that this is especially true for those who have been deprived of their license for driving while intoxicated, for which the driver is not only deprived of his license for a certain period of time, but is also subject to a large fine of 30,000 rubles.

As a result, the traffic police and the FSSP now have a lot of cases in their database regarding drivers who have large debts. Those drivers who have previously been deprived of their license several times have especially large debts. Not to mention criminal fines.

According to experts, despite the size of the fine, which for most Russians is a large sum, it did not stop drivers who decided to drive while drunk. After all, to return the rights it was not necessary to pay the fine assessed by the court.

As a result, the Government of the Russian Federation decided to change the procedure for returning rights after deprivation, making the main condition for return not only passing a theoretical exam at the traffic police, providing a medical certificate (if the deprivation was for driving a vehicle while drunk or for refusing a medical examination), but also PAYMENT of all fines.

As a result, starting from October 20, 2018, in order to return their rights, those deprived of their rights will have to pay all their outstanding fines. Otherwise, the driver’s license will not be returned even after successfully passing the theory and providing a medical certificate.

Traditionally, in connection with changes to Government Decree No. 1191, which were approved by Medvedev on October 10, 2018, we offer you answers to the most pressing questions that may arise from motorists deprived of their rights.

If I pay the fines, will my license be returned on the day of payment?

The new Decree of the Government of the Russian Federation No. 1210 clearly explains that the return of rights is possible only if the State Information System on state and municipal payments contains information about the payment of administrative fines imposed on the driver in the prescribed manner. True, the Government Decree allows the traffic police to return licenses even in the absence of information about payment of fines in the state information system, if the driver presents receipts for payments made.

What traffic police exams do you need to take to get your license back?

As regulated by the previous Government Resolution, according to the new procedure for returning a driver’s license, in order to return a driver’s license, the driver must pass a test for knowledge of the Traffic Rules.

The new Resolution clarified that questions in the theoretical exam should only be directly related to the Rules of the Road.

Where can I get my license back after being revoked?

Let us remind you that previously it was possible to return a driver’s license only after the expiration of the period of deprivation of the right to drive vehicles at the State Traffic Inspectorate unit at the place of execution of a court decision in an administrative offense case or a court verdict in a criminal case on the day of application upon presentation of a passport or other identification document . This was regulated by paragraph 5 of Government Decree No. 1191 of November 14, 2014. However, it was possible to pass the theoretical exam at any traffic police department.

Now, according to the new Decree of the Government of the Russian Federation No. 1210 of October 10, 2018, all deprived persons have the right to return their driver’s license to any department of the State Traffic Inspectorate. True, for this, the driver must, no later than 30 days before the end of the period of deprivation of rights, submit an application to the traffic police at the place of execution of the court decision in an administrative offense case or a court verdict in a criminal case, indicating the traffic police department where the driver's license must be sent.

That is, for example, if you were deprived of your rights in the Solnechnogorsk district of the Moscow region and your rights were kept in the Solnechnogorsk traffic police for the entire period of deprivation, but you decided to return your rights, for example, in the city of Ryazan, then no later than 30 days before the end of the deprivation period you must submit an application to the Solnechnogorsk traffic police with a request to send the driver’s license to the city of Ryazan, indicating the department number and address.

Return of rights after deprivation for drunkenness

Left without a license after being deprived of a license for drunkenness, many motorists become pedestrians for a year and a half, and some for two years, spending 30 thousand rubles on a fine. There are also some drivers who repeatedly violated the rules and got behind the wheel drunk and without a license. The period of deprivation of the driver's license is accordingly increased by the time imposed by the new court decision.

In addition to the long period during which it is impossible to use a personal car and is forced to travel by public transport, drivers who have been deprived of their driver’s license face an equally unpleasant process of their return.

Grounds for deprivation of driving license for alcohol intoxication

Your driver's license to drive a car can be revoked for the following violations:

if the driver was intoxicated at the time of the stop by the traffic police inspector, and the breathalyzer showed the presence of 0.16 or more milligrams of alcohol per 1 liter of exhaled air;
if the driver has transferred the right to drive a vehicle to a person who is drunk;
if the driver chose to refuse to take an alcohol test proposed by an on-site inspector, or refused to undergo a medical examination in a special institution.

Legislative changes made in 2015 affected the rules for deprivation of a driver's license. Confiscation of rights is not carried out by a traffic police inspector. They are handed over for storage with the driver losing the ability to drive the vehicle. After the court ruling is issued, the driver is obliged to contact the traffic police department 3 days in advance, which will confiscate the license. The exception is situations when the driver does not agree with the verdict and punishment, and appeals the decision to a higher court. This is followed by the standard process - acceptance of the license into the archive, recording of invalid rights in the traffic police database and counting down the time for deprivation of the right to drive a car.

Return of rights: main nuances

To obtain a license after being disqualified for driving while drunk, you must pass an exam before getting it back. The theory exam is mandatory. When returning your license for an administrative violation, namely driving while intoxicated after drinking alcohol, there is no need to take a practical driving test.

There are no legislative deadlines for retaking the theory at the traffic police, so you can take the tests at any convenient time. Important! Attempts to pass the traffic rules knowledge exam can be made after half the period of deprivation of driving license has expired. Drivers who have had their driver's license revoked have the right to retake several times until the test is passed. At least 7 days must pass between the first and second attempts, after which you can go to retake the exam at the traffic police. Attempts to return rights are unlimited. Before each attempt, you must submit an application and wait until the exam date is set. You must come to the exam or retake it on the appointed date and time.

The theory exam is similar to the one taken for the first time when obtaining a driver’s license, but there are some differences:

there are no medical topics in the exam papers;
Driving psychology is not asked in randomly selected questions;
Drivers' knowledge of the Code of Administrative Offenses is not checked after deprivation of their driving license.

This means that the examinee is only tested on his knowledge of traffic rules. A man answers questions on a computer. Questions are presented in the form of tests. One theoretical exam includes 20 questions, of which only two can be answered incorrectly. 20 minutes are allotted for the exam. If the exam was unsuccessful, after a week, having filled in the gaps in your knowledge of the rules, you can take the exam again. If 18 or more questions are answered correctly, the exam is considered passed successfully, about which a corresponding certificate must be issued, on the basis of which a driver’s license is issued from the archives of the traffic police authority, where they are stored. Please note that the exams are free of charge.

Rules for returning a license after drinking

To return a license that a driver was deprived of due to drunk driving, the following rules must be met:

Before returning your license, you must pay all fines issued to the driver. Rights after deprivation can be returned only if there are no debts to the traffic police.
Pass the theoretical part of the exam, for which there must be a corresponding mark (the law came into force in 2015).
Pass a medical examination (the law came into force in 2013). This paragraph applies only to that category of motorists whose license is revoked specifically for drunk driving. The purpose of the examination is to receive a certificate stating that the driver can drive a vehicle and has no contraindications to driving it. The document is submitted to the traffic police, where the rights will be returned to their owner.
Collect a package of documents, without which it is impossible to issue a driver’s license to a person. Such documents include a passport, a copy of the court decision on an administrative violation and withdrawal of rights, a certificate stating that the certificate was submitted to the State Traffic Inspectorate unit, a certificate from a medical institution.

Obtaining a license after being deprived of it for drunk driving if all these points are fulfilled will be a quick process that will not take up either the energy or time of the motorist.

You can pick up a driver's license confiscated for drunkenness on any day, starting from the end of the punitive period. The statute of limitations for issuance is 3 years, after which unclaimed rights are destroyed. This means that you can obtain a reinstated driver status and a driver’s license within 3 years. If the return is overdue, you will need to go through the rights restoration procedure.

Application for return of rights

After being deprived of a document permitting driving a car for drunkenness, it is handed over to the traffic police. Usually, deprived rights are accepted at the department indicated in the court order (at the place of registration or registration). You need to pick up your license in the same place where it was handed over. If you move to another city, you may receive your license back at your new place of residence. To do this, you must submit an appropriate application requesting the issuance of a license to another traffic police authority. Having considered this application, the State Traffic Inspectorate unit will forward the driver’s license to the required address to another traffic police department.

Features of submitting an application

Wherever your license is returned after being deprived of it for driving while drunk, it is important to follow several rules:

The application must be received by the State Traffic Inspectorate no later than a month before the end of the sentence.
The document is submitted to the department where the license was handed over, even if their return will take place in another city.
The document must contain the exact details of the traffic police department where the driver will receive the driver’s license back.

An application for the return of a driver's license after deprivation can be submitted in writing or electronically. Submitting an application for the return of rights electronically via the Internet is simple. When the period of deprivation comes to an end, you must leave a statement on the official website of the traffic police. This can be done in the “Reception of requests” section.

Early return of driver's license

Motorists sentenced by a court to deprivation of their license and the right to drive under Article 12.8 of the Code of Administrative Offenses of the Russian Federation can try to regain their license ahead of schedule. And although the amended legislation now allows for the return of licenses ahead of schedule, reducing the punishment for a driver who has lost his license for various reasons, the category of those who drink and drive is not included in these “indulgences.” But there is another way to restore your driver status and legally get your driver’s license back.

To do this, it is necessary to challenge the court’s decision to withdraw your license due to drinking alcohol and driving while intoxicated. How to do it? Independent attempts are unlikely to lead to the desired result and a positive court decision in favor of the driver. In order for attempts to be successful, it is important:

collect a number of evidence that refutes the accusation and exonerates the driver (if at the time of the stop by the traffic police inspector he was really not intoxicated from alcoholic beverages);
build a new defense strategy based on unlawful actions of traffic police officers or procedural errors made when drawing up documents in the case (if such facts occur). During the defense, it is important to either dispute the fact of the presence of alcohol, namely the reading of 0.16 ppm or more, or to dispute the event of the violation itself;
present before the court all the data and facts found so that there is no doubt about the person’s innocence.

Such work can only be done by professional lawyers who work in our team. They can close any case, prove its illegality and avoid deprivation of a driver’s license. The following can be considered an illegal basis for initiating and considering a case for an administrative offense:

violations by traffic police inspectors when drawing up a protocol, diagram and other data from the scene of an accident or stopping a driver;
lack of documents for a breathalyzer or seals, conclusions, verifications;
not using a new mouthpiece, etc.

In case of illegal deprivation of a driver's license for drunkenness, the lawyer will do everything possible to overturn the previous conviction and restore the rights.

The range of services aimed at returning driver's license, which are provided to motorists by lawyers, includes: filing an appeal and petition, preparing a documentary base, collecting information on the case, representing interests in court or full consulting support. Conducting a thorough legal analysis of the documentation can help overturn the sentence of deprivation of driver's license.

In order to prevent a court ruling on the deprivation of driver's licenses for drunkenness, it is important to start the fight before the trial ends. Our lawyers strongly recommend contacting traffic lawyers at the time the traffic police inspector draws up a report or in the first days after receiving a copy of the report on an administrative offense.

If the trial has already passed, it is important to remember that challenging the decision to withdraw rights is only possible in the first 10 days by filing a request with a higher court. If the ten-day period has expired, do not lose hope, as lawyers can achieve termination of the deprivation of a driver’s license through supervision.

Advantages of contacting our company

Our company employs experienced lawyers and attorneys who have won hundreds of cases involving a driver being accused of driving under the influence and returning driver's licenses to their owners.

When contacting us, every car owner can receive:

free consultation on choosing a course of action and defense strategy;
professional analysis and analysis of the situation;
adequate prediction of the outcome of the case;
assistance with paperwork;
assistance in court;
assistance in returning the certificate after the trial.

The lawyers of our team are interested in winning the case and removing the penalty of deprivation of the right to drive, and not in financial reward, so they will give an honest forecast about the chance of closing the case. In addition, payment for protection services is made in the event of a positive result. Our lawyers have won more than half a thousand cases in the field of traffic law. Therefore, you can be confident in a positive outcome of the case. Write down our phone number in advance - let it always be with you, because it is better to contact a specialist immediately after an accident or stop by a traffic police inspector.

How can I get my license back after the deprivation period ends? Return policy and full instructions

Return policy

The rules and procedure for returning a license after the expiration of the period of deprivation in 2019 depend on the article of punishment and the conditions for surrendering a driver’s license. This procedure is very simple, but it will require time and, most often, finances. But first you need to understand whether the deadline expires on the day you think, and know when you will actually get your license back. In the article we will talk about how to return a license after a period of deprivation, including for drunkenness and refusal of a medical examination, in which cases a medical certificate is required, how to do it step by step according to all the rules and how much it will cost.

Deprivation of rights: how to get your license back in 2019? Rules

So, the procedure for returning a driver’s license is regulated by the Code of Administrative Offenses and its section 32. The necessary conditions are as follows:

To return your license after deprivation, you must pass an exam on knowledge of traffic rules theory,
pay all available traffic police fines, including fines for deprivation,
undergo a medical examination and receive a valid medical certificate, but only for those who have been deprived of their rights for alcohol intoxication or refusal of a medical examination - for those deprived of their rights under Articles 12.8, Part 1, 12.26, Part 1, 12.27, Part 3 of the Administrative Code.

All these conditions for the return of a military license are specified in Part 4.1 of Article 32.6 of the Administrative Code. Below we will discuss in detail how to perform each of these procedures, what is required for this, as well as how and where you can do it all.

Rules for return after deprivation - what documents are needed?

According to the return rules, to return your driver's license after the expiration of the period of deprivation of the right to drive, you will need a list of documents:

Your passport,
receipts for payment of fines,
medical certificate in case of deprivation for drunkenness or refusal of a medical examination.

Another important document. No, it is not needed to return your driver’s license, but you must have it - this is a certificate of acceptance of your license for storage by the traffic police or a corresponding mark on a court order or decision. Without this document, you will not be able to confirm the opposite if, when applying for a driver’s license, you are told that you did not pass it.

But according to the 2019 law, documents on successfully passing the exam are not required - it is designed that the license return inspector himself is able to search the driver’s database for deprivation and find out whether he passed the theoretical exam on knowledge of traffic rules or not. But in practice, they often give the corresponding document about passing the traffic rules, although it is rarely required when returning to a military station.

Now let's look in order at each necessary condition for returning rights after deprivation!

How to pass the exam if deprived?

Everything is quite simple here! The main thing and the most time-consuming and labor-intensive thing for you is to prepare by learning the answers to 800 questions on traffic rules tickets. Please note that learning the Traffic Rules will not be enough for this, because, alas, tickets often do not comply with these Rules.

You can pass the exam after at least half of the period of deprivation of rights has expired.

This is dictated by paragraph 4 of the Return Policy. In addition, if you unsuccessfully passed the test, then next time you will be able to sign up no earlier than in a week, which is quite logical, because you need to prepare for the exam again.

To take the exam, you need to register with the traffic police department where your license is located. Just take your passport and come there to sign up (employees sometimes also require a medical certificate at this stage). You will be given an exam day. Come on the appointed day, and together with other deprived people you are seated at special computers, where a ticket randomly selected by the program appears in front of you, and you must answer 20 questions.

Questions are selected based on the categories you have open in your account. If, for example, there are categories B and C, then the questions will be in the highest open category.

Please note that according to the new rules for conducting exams in 2019, you can make 2 mistakes within 20 questions of the traffic rules ticket. If you answer 1 question out of this twenty incorrectly, then 5 additional questions are added (total 25), if you answer 2, then 10 additional questions (total 30), if you answer 3, then you did not pass the exam.

Also, you can’t make any mistakes on additional questions at all. If, for example, you made a mistake on the 18th question, you got another 5, and made another mistake on the 3rd additional question, then you will not pass the exam to return the right to drive, because you made a mistake on the additional question, although you made 2 mistakes in total.

There is no need to hand over the additional site and city as a condition for returning the rights.

How and when to pay fines?

It doesn't matter when or how. The main condition is that you should not have any debts in the traffic police database at the time of returning your driver’s license, when the inspector checks their existence.

This also applies to the fine for deprivation - more precisely, the sanction that is imposed upon deprivation of rights for drunkenness or refusal to undergo an examination, together with deprivation, in the amount of 30 thousand rubles.

At the same time, the 2019 legislation does not directly oblige you to present receipts for payment of fines, but it is better not to lose them and present at least payment of 30 thousand if you were deprived of it for drunkenness - in practice, this may be asked when returning your ID.

If you are deprived of it for drunkenness, how do you get a medical certificate?

This is the most time-consuming and costly (not counting the amount of fines to be paid) process when returning a driver after deprivation of the right to drive. It is better to set aside one whole day for this (at least a few hours, most likely it will take you).

The legislation does not provide any direct restrictions on the time frame for obtaining a medical certificate. But remember about the validity period of the certificate itself. It is 1 year from the date of its receipt. Therefore, if you passed a medical examination more than a year before the date of return of your license, you will have to make a new medical certificate.

You can undergo a medical examination in any city, not necessarily at your place of registration. But there is an important subtlety: often employees do not accept certificates if you have been to a psychologist or a narcologist in another region - supposedly you need to go through them at your registered address. The law does not oblige this, but in practice such a condition may be imposed. Therefore, if you are not sure that you can defend your right, then it is better to get a certificate from your registration address.

The medical report must be issued in a special form 003-VU.

As part of the medical examination as a condition for the return of your driver's license after the expiration of the period of deprivation, you will undergo the following doctors:

psychiatrist,
psychiatrist-narcologist,
therapist,
Laura,
ophthalmologist,
neurologist,
as well as in the direction of one of the above doctors:
- neurologist,
- doctor who will give you an electroencephalography.

Is the deadline really over?

Few drivers ask this question. But when they come to pick up a driver’s license at the traffic police, they may be in for a surprise - there’s still a lot of time before this period expires!

Therefore, regarding the duration of deprivation of the right to drive, we need to know 2 important subtleties:

the period always begins on the date of entry into force of the deprivation order,
but it is interrupted if you did not hand over your license to the traffic police department or did not write a statement about its loss within 3 days,
then, as soon as you write the appropriate statement of loss or surrender your driver’s license, the period will begin again.

Thus, if you still have your driver’s license, you will not be able to return it on the expected expiration date, because only 3 days of this period have passed.