Many drivers ask:"How do I know if I'm deprived of a driver's license?" The traffic police issued a specialized explanation on the withdrawal of motorists' rights. So, let's analyze this question thoroughly. Probably everyone knows that the period of deprivation of rights begins when the judicial decision becomes effective. Until that time, a driver deprived of rights is not considered. But in the traffic police, he must surrender the temporary permit. This is the essence of the latest explanations that the Russian Department of the Ministry of the Interior, ensuring road safety, has transferred to the regional units.
What article is meant?
Basically, we will talk about Part 3 of Article 12.8 of the Code of Administrative Offenses. It says about the responsibility for driving a driver in a state of intoxication, especially if such a driver lacks rights or is deprived of them. The responsibility for this is substantial: up to 15 days of arrest. It should be noted that there have been cases when the driver drove the car in a state of intoxication and was caught. It was found that the offender has a temporary permit available in exchange for the rights for the classification period for the previous offense, but in the previous case the term of deprivation has not yet entered into force. Inspectors, as well as judges from their filing, sought to plant such a miserable grudge.
Of course, the deprivation of a driver's license is considereda difficult question. In the new explanations of the State Traffic Safety Inspectorate it is precisely stated that when considering situations with such mountain drivers it is necessary to take into account whether the decision on the previous violation took effect or not. And it is not so important what kind of violation it was. Perhaps the driver drove to the oncoming lane, maybe exceeded the speed limit or just drank at the wheel. But if the decision has not entered into force, then the new unlawful action is determined by part one of the same article (12.8). And this means that the driving license is revoked for one and a half or two years. In this case, the confiscation period begins from the date of completion of the loss period under the previous punishment.
The court's decision
The decision of the court of first instance acquirespowers only after ten days, which are granted for appeal. But the court decision on appeal is valid from the moment of its adoption. That's why some incidents take place. For example, the court confiscated from the driver the right to drink. And the one with grief got drunk and again sat behind the wheel. Of course, he will be right only after ten days. And now he was caught drunk driving! But the driver is not considered to be deprived of the driver's license. For this they can increase the period of seizure, but they do not have the right to arrest him.
And in what other cases does deprivation take placedriver's license? If the driver operates a vehicle of this type, for which he has no rights in his rights, he is also drunk. Then he (in addition to confiscating his rights) is also facing a fine of 2,500 rubles under part 1 of Article 12.7 of the Code of Administrative Offenses, but not arrest.
Term of validity of temporary permits
How do I know if I'm missing a driver's license?This is a perennial question! Let's first analyze the terms of validity of temporary permits and find out whether they should be handed over. These documents are of two types. The first is issued in return for the one taken during the inspection, the second - instead of seized for the period of the proceedings. In the first precedent, traffic police officers who stopped a driver for a violation providing for an exemption are required to confiscate a temporary permit. In the second they should not do this.
And after the court decision acquireslegal force, it is necessary for a person to hand over such permission himself. Otherwise, the period of deprivation will be calculated exactly from the time the temporary paper is delivered. And if a person does not return it and after the court decision becomes effective? And if the grief-driver falls into the hands of the inspector? In this case, he will have to be responsible for managing the car and after the confiscation of rights. And that means an arrest of fifteen days.
But if a person does not seize the right of the inspector?And if the court decision came into force, and the traffic police did not even try to withdraw them within a year? In this situation, the decision on the confiscation of rights is not enforceable, because the expiration date has expired.
Recently, some violators have triedto cunning. They no longer ask anyone about how to find out if I am deprived of a driver's license. Many simply prefer to change the name after deprivation. This nuance gives an opportunity to again get training and pass on the right. But the new explanation indicates that the change of name does not absolve from responsibility. And the old rights must necessarily pass.
A Little Story
It happens that the driver is in an accident, inthe result of which someone dies. The culprit is imprisoned. He is not shown any rights, nothing is told about their fate. He does not know where they are, and asks the following question: "Do I have a driving license?" In such cases, they turn to a lawyer who will tell how the documents of interest can be collected.
And the specialist first of all will pay attention tothe fact that the driver already had a court. And if nothing is written in the verdict of deprivation, it means that the driver did not lose the right to drive. And where the rights are, you need to clarify. To do this, the court will ask the driver to apply to the traffic police or to the investigator who conducted the case.
How to challenge disqualification?
"How do I know if I am without a driver's license?And if they tell me what is lacking, how can they be returned? "- these questions worry many unsuccessful drivers. Many judges say that it is useless to appeal the decision, the decision can not be canceled. The secretaries and assistants of the judges give their heads to their superiors. They ask: "Why do you need this?" All the same you will be deprived of the right! "Lawyers have no reason to appeal, because confiscation of rights can not be challenged if there are protocols.
Some owners of cars after the adoption of the courtdecisions to deprive them of their rights to manage auto hire drivers. Sometimes they even turn to the urgent purchase of cars and sell the vehicle. After that, many do not drive anymore. But if you look more closely, you can find out that any court decision is disputed.
All the assurances of judges and secretaries are unwisean attempt to rid yourself of unwanted work. For example, you have been sentenced. You have already figured out and forever figured out where to find out if I'm deprived of a driver's license. With the verdict, you agreed, everyone is happy and happy ... But you are sad. And you decide to appeal it. But secretaries and judges will have to do a tremendous amount of work! By the way, in order for a qualifying judiciary board to file a complaint against traffic police officers, you will have to turn to lawyers.
It is for this reason that the servants of Themis benefit,so that decisions are not appealed. They know very well that most drivers have no idea how to contest the deprivation of rights, and use this illiteracy.
Many drivers are interested in the following:"How do I know if I have a driving license online? How to find out? "If there was no court, then they did not deprive the rights either. On the Internet online, this question can not be clarified in any way, because it is strictly confidential information.