Reducing the period of deprivation of a driver's license

How to reduce the period of revocation of a driver's license

A special regulatory document for some individual offenses provides for quite severe punishment - up to deprivation of rights. Moreover, this measure is almost always accompanied by a large fine and sometimes by restriction of freedom.

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Time limits for various offenses

A complete list of offenses implying administrative liability is listed in the Code of Administrative Offences. For certain, particularly serious offenses, an individual may be completely deprived of his driver’s license.

Every year, such measures are used more and more often and for smaller violations. This is due, first of all, to the decline in the driving culture of drivers and the increasing frequency of drunk driving.

The full list of situations implying deprivation includes more than 2 dozen situations.

The following articles of the Code of Administrative Offenses can be included in it:

Art. No. 12.2 – driving a vehicle that is not equipped with special license plates or in the presence of any means that make it difficult to read them visually or by cameras or radars (no more than 3 months);
Art. 12.2 – operation of a vehicle with false license plates (6-12 months);
Part 3 Art. No. 12.2 – operation of a car with red/blue lighting equipment, as well as any others that do not comply with the requirements and standards established in the state;
Art. No. 12.4 – operation of a car on which light and sound equipment is installed in the absence of the appropriate permit (except for the anti-theft system) – 12-18 months;
Art. No. 12.5 – use of unauthorized light and sound signals while driving – up to 24 months;
part 6 art. No. 12.5 – operation of vehicles on which the color schemes of special services vehicles are applied – 12-18 months;
Art. No. 12.8 – operation of a vehicle while intoxicated of any type (toxicological/narcotic) – deprivation of rights for a period of 18 to 24 months;
Art. No. 12.8 – permission to drive a car for a person who is intoxicated (toxic/narcotic) – up to 24 months of deprivation of rights;
Art. No. 12.8 – repeated commission of an offense, which is designated by other sections of this article – deprivation of the right to drive a car for 36 months;
Art. No. 12.24 – causing moderate/severe harm to a pedestrian or other person as a result of an accident.

The list of situations when an individual is deprived of the right to drive a vehicle is extensive. Moreover, if a violation is committed again and the first one has not expired, the terms are summed up.

For example, if there was previously a deprivation of a driver’s license for 24 months under Art. No. 12.8 of the Code of Administrative Offences, and after that the traffic police officers draw up a protocol against him under Art. No. 12.5 of the Administrative Code, the total period of deprivation of a driver’s license will be more than 36 months.

The maximum possible duration of deprivation of a driver's license, however, is not limited to any limit. Therefore, for some, especially unscrupulous drivers, it lasts several decades.

The procedure for reducing this period of deprivation is quite complex and is not always applicable. Therefore, you should not commit offenses that subsequently provide for punishment of the type in question.

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

One of the properties of a court decision is the impossibility of its cancellation. That is why, if it has already been adopted regarding the deprivation of rights, then the only thing that can be done is to try to reduce the duration of this period itself. This is allowed only if a term of deprivation of more than the minimum is assigned.

If the court deprived the driver of the right to drive a car on the basis of Part 1 of Art. No. 12.8 of the Code of Administrative Offenses for 18 months, it will be impossible to reduce the time of deprivation.

The situation is different in the case where the driver was sentenced to more than the minimum sentence. For example, according to Art. No. 12.2 Code of Administrative Offenses – for 3 months. In this case, documents can be submitted to the court that positively characterize the driver.

They may be:

characteristics from the place of work;
a petition from a representative or from the defendant himself with a logical basis - why it is necessary to reduce the period of deprivation (for example, if a car is the only source of income);
other.

Another way could be to challenge the legality of the protocol drawn up by the traffic police officers. This procedure is simplified in the case where the driver has signed on it “I do not agree with the protocol.”

If the protocol is simply signed, without this signature, then it will be almost impossible to challenge its legality.

The procedure for reducing the period of deprivation of rights can only be implemented with the help of a qualified lawyer. Today, there is a fairly large number of special law firms operating in this segment.

But you should definitely contact us based on a recommendation. Since there are quite a large number of scammers operating in this segment.

You should also remember two important nuances:

after half of the imposed sentence has expired, a petition may be filed to restore the right to drive a car - if there are sufficiently serious reasons, the court may grant it;
In case of deprivation of the right to drive a car for a period of more than 1 year, you will need to retake the driving test - compliance with this rule is strictly mandatory.

Read about the procedure for replacing a driver's license in 2018 here.

Who is helping in this case?

Only sufficiently qualified lawyers can provide assistance in the event of deprivation of the right to drive a vehicle.

Such services are paid and they depend, first of all, on the article under which the right to drive a car was deprived. The cost is also influenced by the region where the trial is held.

For Moscow the following prices apply:

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.

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

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.

Reducing the period of deprivation of a driver's license

The law does not provide many grounds for depriving a driver of the right to drive a vehicle. But the traffic police inspector recorded the fact of such offenses as, for example, driving a vehicle while under the influence of alcohol or another type of intoxication, then the case is guaranteed to go to court. If the court concludes that the driver really seriously violated traffic rules, then the license will have to be surrendered. At best, the offender will become a pedestrian for several months. In this case, the punishment may vary by six months or more. The question arises about reducing the period of deprivation of a driver's license. This article will give the answer.

Is it possible to legally reduce the period of deprivation of rights?

Until 2002, it was possible to reduce the term of an already imposed sentence in the form of deprivation of the right to drive a vehicle. This would require submitting a petition to the court to reduce the sentence. It would be accompanied by job descriptions and a petition from the work collective.

The courts were accommodating to reformed drivers who needed a car to perform their job duties.

Then it was even possible to reduce the punishment to the minimum threshold indicated in the article of the Code of Administrative Offences.

Attention! In 2002 the situation changed. With the amendments to the Code of Administrative Offenses in 2019, it is impossible to reduce the amount of the already defined period of deprivation of rights.

Therefore, it is advisable to take measures already at the trial stage to impose the lowest possible punishment. For this purpose, it is desirable if the offense actually was:

Admit guilt and demonstrate complete remorse for the offense committed.
Make amends to the victims, if any, including property damage in the accident.
Present positive characteristics from your place of work and study.
Confirm the urgent need to use the vehicle for work and family purposes. For example, the culprit works as a driver, or in a large family there is a disabled child who needs to be taken to rehabilitation, etc.
Contact a qualified lawyer in this area for representation in court.

This will only allow reducing the punishment to the minimum limit of the period of deprivation of rights or avoiding it if there is an alternative type of punishment. There is another way - an attempt to achieve a complete review of the case or invalidation of the decision.

How to achieve a reduction in the period of deprivation of rights

Even if an offense has taken place, you can try to get the court's decision reviewed on procedural grounds. Among them:

The traffic police inspector committed serious violations when preparing documents: he did not invite witnesses, did not draw up a protocol, etc.
The offender was not warned about his rights and prospects for detention. Such facts must be confirmed by video recording or signature.
The judge committed serious procedural violations during the trial.

If such facts have occurred, then you need to seek the help of a professional lawyer. He:

Will study the case materials and determine the prospects for subsequent trial.
Will help you collect additional necessary documents.
Draw up the necessary petitions and statements of claim.

Attention! If such facts occurred, it is advisable to report them immediately in court. You can support your demands with written complaints addressed to the head of the traffic police department. They can be declared even before the court hearing.

It is necessary to apply for a re-examination of the case only if the plaintiff is sure that he has every reason to demand the cancellation of the previously made decision.

This must be done within 10 days from the date of the court decision on deprivation of rights.

The statement of claim must indicate:

Name of the court where the claim is sent;
Information about the plaintiff: first name, last name, patronymic, date of birth, address;
Information about the contested court decision: date, number, name of the court that issued it;
A statement of the circumstances of the case, indicating the grounds on which the decision to deprive a driver’s license is being challenged. They need to be presented succinctly, but in detail, supported by references to the article numbers of regulations;
Request for review of a previously issued court decision;
List of attached documents.

In the court of second instance, it is highly advisable to rely on the assistance of a professional lawyer. It will largely depend on him whether the court will side with the plaintiff and cancel the previously made decision. Otherwise, the case may be refused or left without consideration.

So, the Code of Administrative Offenses does not allow amnesty or reduction of the period of deprivation of rights after the court makes such a decision. However, it can be challenged and canceled completely if there are sufficient grounds.