Many drivers complain that they were deprived of their rights for no reason. What to do in this case? The answer to this question depends on whether the rights were really taken away illegally, or whether the inspector had reasons for this. In the first case, the probability of returning the document will be very high, in the second - it all depends on who will represent the interests of the driver in court.
Why can they take away the rights?
The first thing they can forfeit a driver’s license for is driving a vehicle that is not registered in the prescribed manner. For the first time, according to the law, a fine is supposed, but in case of a repeated violation the rights can be taken away. They can also be deprived of their rights for driving vehicles without or with license plates, but not fixed according to the rules. Or even with fake license plates. In this option, you can also get off with a rather large fine at first, but for the second time you may be deprived of rights. And if the signs are fake, then they will be deprived of their rights.
The next point, for which a similar punishment is provided, is the control of the vehicle, on the front of which red light devices are installed. Also, for the presence of on or off sirens, beacons and similar warning devices that are installed without the appropriate permission, the rights are taken away. For driving a vehicle in a drunken state (or transferring control to a drunk person) for the first time a fine is assigned, and for the second - they are deprived of a driver’s license. The same punishment shines for exceeding more than 60 km / h the speed established by the rules of the road.
Departure into the oncoming lane, passage to the prohibitory traffic light sign, refusal to let in an ambulance or fire truck with the beacon turned on, not to mention violations that resulted in damage to the health of the victim and refusal to undergo a medical examination - if the driver was deprived of rights for any of the above, it was done according to the current legislation, and it will not be easy to return them. Do not despair, even in such situations you can find a way out, appeal the decision in court or even avoid punishment. The main thing is to turn to competent car lawyers who specialize directly in solving rights-related problems. Naturally, no one can give a 100% guarantee of a successful resolution of the case in court, but without such a specialist the ability to drive a vehicle can be lost for a much longer time.
Communication with a law enforcement officer
Even before the court passes and punishment is imposed, the corresponding protocol is drawn up at the place of violation by the police inspector. Do not be rude, threaten or somehow try to persuade him not to draw up a protocol or indicate another offense in it. If you are sure that you did not violate anything, behave naturally, confidently, and, quite possibly, law enforcement officers, each of whom, by duty, is a good psychologist, will not aggravate the situation.
If the protocol is drawn up, but the driver does not agree with him, it should be written directly in it: “I do not agree.” In practice, in most cases when the guilt of a probable violator is ambiguous, inspectors try to understand the matter as much as possible and are in no hurry to submit the case to court.If the protocol cannot be avoided in any way, you should carefully monitor its completion, re-read it several times and not sign in obscure columns.
If, according to the information in the driver’s protocol, they have almost been stripped of their rights, it is necessary to write down the name and number of the inspector who makes it up. Also take as many photos of the scene as possible and attract any number of witnesses to your innocence. After drawing up the protocol, the case is submitted to court within three days, for which you can try to agree with the heads of the unyielding inspector. In general, the probability of persuading a law enforcement officer not to initiate such a process is high enough, but only if the driver behaves appropriately, the violation is insignificant in terms of the safety of others, etc.
Court and design errors
Sometimes the court takes the side of the driver and does not lead to the fact that he was deprived of his rights. What to do to fall into this category of lucky? Immediately after it becomes known of a possible deprivation of rights, you need to contact a knowledgeable person. It can be an auto lawyer, some acquaintance with the necessary education, or your own knowledge can help.
The fact is that the protocol is not always filled out correctly by inspectors, and, knowing certain nuances of its execution, it can be easily proved in court and thereby make all subsequent actions of a law enforcement officer illegal. That is, no one will take your rights. There are many moments to which you can “cling to” both during the execution of the protocol and after it has been completed. That is why it is better to contact specialists who know all the subtleties.
The decision is made. Appeal
Suppose that, despite all the actions committed, the court found the driver guilty and was deprived of his rights. What to do in such a situation? You should not immediately panic, as you can appeal such a decision within 10 days with the justice of the peace. If the driver has confirmation of his innocence, which the previous court did not take into account, then the next, it is possible, it will allow to cancel the previous decision and return the rights. In order for the appeal to be successful, you must be as prepared as possible for a future court hearing.
You should attract the most qualified lawyers, provide them with full information about the offense (the photographs taken earlier will come in handy) and help them with everything they ask. Despite the fact that situations in which an appeal is successful are not so frequent, they do occur. If the driver is sure that he did not violate the traffic rules (or violated, but not to the extent that they can take away the driver’s license), the probability of a successful appeal with the subsequent return of the ability to drive a vehicle will be very high. In the same case, when the offense is clear and all the evidence is present, an experienced lawyer will be able to mitigate the punishment and allow him to get off with a fine (or not such a long term of deprivation of a driver’s license, on which the accusing party insists).
Deprived of rights for a booze
Consider the most common situations in which deprivation of rights is possible. Unfortunately, one of the most common reasons for deprivation of rights is to drive vehicles while intoxicated. Do not refuse a medical examination. It is much easier to challenge it in the future than the signature in the refusal protocol, which automatically makes the driver a violator and makes it possible to take away the rights.
If the driver was deprived of his rights for a booze, he should immediately contact specialists, since in most cases the only way to return documents is to indicate that the protocol was filled out incorrectly in court.In some rare cases, it is possible to prove the falsity of a medical examination, but rely on this only in a pinch. It should also be borne in mind that if the rights were selected precisely for this violation of the rules of the road, you should not count on their early return.
Deprived of rights for xenon
The second most common rights issue is xenon. In general, the nit-picking for xenon has recently subsided. Moreover, in accordance with applicable law, a law enforcement officer does not have the right to take away the right to use xenon. Because It is possible to determine what exactly is used to illuminate the road only at a special inspection point.
However, if a decision was made there on the illegality of the use of xenon in this case, the legislation is full of loopholes that will allow a competent lawyer to easily prove the driver’s innocence, and the rights will be returned. The main thing is to find a truly experienced person who is able to prove his point of view to law enforcement agencies and thoroughly knows the field of laws relating to this moment. It should be remembered that this rule of law applies only to those xenon headlights that were not installed at the manufacturing plant, that is, amateurs of all kinds of tuning their cars fall under its action.
Driving without a license
Management of a vehicle deprived of the right to drive is prohibited. However, if the driver was deprived of his rights while driving, he will be issued a temporary permit allowing him to drive the vehicle. It is intended primarily so that the driver can finish current affairs and put the vehicle in the garage, in the parking lot, etc. However, some drivers take advantage of the opportunity and continue to drive the vehicle, virtually without the right to do so. This practice is not the best option.
This is explained by the fact that the period for which the rights were selected begins only when the temporary ones were returned. However, in some situations, this method is justified, and there is nothing left to do but drive. Deprived of their rights outside the place of residence, in another country or city? Temporary driving permits will allow you to get to your place of residence and already there to solve all issues related to the return of rights. This is much more convenient than trying to prove your own innocence directly on the spot, even if it doesn’t take so much time (and often such a review can take about two months).
Deprivation of rights abroad or in another city
There are situations in which drivers who are in another city or even outside the country of residence are deprived of their driving rights. If this happens, and you have been deprived of rights, what should I do? Regardless of the country where such an event takes place, or a city other than the city of residence, the best option would be to file a petition with the court to transfer the case to the judicial authorities at the place of registration. This will prove their innocence more effectively.
It should not be forgotten that until the official decision of the court the driver can still drive the vehicle with a temporary permit, which is issued in any country in the world, that is, you can always get back. In many countries, drivers who are deprived of a driver’s license are very carefully recorded.
The database, which is created at the same time, allows you to transfer information to other interested parties (to the law enforcement agencies of the country of residence, neighboring countries, etc.). Thus, having violated the rules of the road in one country, it will be extremely reckless to hope that in another it will be possible to simply file an application for the loss of these rights. It should also be remembered that the rules of the road differ from each other in different countries, and in some it is customary to return the rights and withdraw the permit for temporary driving at the moment of crossing the border.
Early return of driver's license
The legislation of the Russian Federation provides for rules allowing early return of the possibility of driving a vehicle to those drivers who have been deprived of a driver’s license. What to do for this? Most importantly, you should not allow any, even the smallest administrative offenses. If before that there were no problems with the law, then after half the sentence (but not earlier), you can apply for an early return of rights.
Counting on parole for drivers deprived of their rights should not be given to those who were caught in a state of intoxication, violated and violates public order, and / or lost them for the first time. All citizens who for one reason or another have lost the right to drive a vehicle are entered into a special database. When considering applications for the early return of rights, data from this database is carefully examined, like the entire history of violations of the law by this particular citizen. In the event that, in general, there are no violations (or they are insignificant and unsystematic in nature), the driver has good chances to get the opportunity to re-drive the vehicle before the expiration of the sentence.
Summary
According to all the above information, there are many ways to challenge a court decision if the driver has been stripped of his rights. How to get them back is also described above. We can only add that, despite many loopholes, the court in most cases still takes the side of law enforcement agencies, and the process can take a lot of time. Sometimes it’s easier and cheaper to wait until the end of the sentence than to try to regain the right to drive a vehicle, but this applies only to those categories of drivers who are well aware that they have violated the law.
Those who were wrongly accused have a lot of opportunities to challenge the punishment and continue to do their own thing. It should be recalled that trying to declare a driver’s license that was selected by court decision lost is not the best solution, since the database of those deprived of a driver’s license, constantly updated with information, will immediately notify the relevant authorities of such an attempt, which will greatly complicate them in the future return.
