The Code of Administrative Offenses of the Russian Federation establishes in which cases a citizen may lose the right to drive a car for a period of 1 to 24 months. For comparison, the maximum term of imprisonment for crossing a double continuous line is six months. The most dangerous and serious violation from this list is driving while intoxicated and equivalent to these cases.
The procedure for obtaining a license after being disqualified from driving is difficult and has many nuances. It is especially difficult to regain your rights when the reason for their deprivation was alcohol intoxication.
Changes in the law
In 2021, a law came into force that complicated the process of returning a document after depriving a citizen of the right to drive a vehicle in 2021. New rights have been introduced in accordance with the enacted law of the RF Government No. 1210 of October 10, 2018.
Previously, issues of returning rights after their deprivation were regulated in accordance with the RF Government Regulation No. 1191 of November 14, 2014. According to this legislative act, a citizen was required to pass the theoretical part of the exam at the traffic police. When deprivation of rights for being in a state of alcohol or drug intoxication, the need to undergo a specialist examination and submit a corresponding certificate to the traffic police was added.
Interesting! RF PP No. 1191 did not establish the need to pay all the fines that were assigned to the violator. Because of this “loophole,” many citizens, upon expiration of the term, received new rights without paying existing fines.
And in accordance with the new RF PP No. 1210, a person is obliged not only to pass the necessary exam at the traffic police and submit a certificate from a medical institution, but also to pay all fines. Otherwise, the driver's license will not be returned.
Traffic exam after disqualification
The usual exam that a citizen must pass after deprivation of his driver's license has a difference. The differences are in the questions and time spent preparing for the test.
Conditions for conducting a traffic rules exam after deprivation of rights:
- 40 tickets;
- 20 questions in each ticket;
- 20 minutes to prepare;
- 2 errors – maximum, otherwise the exam will be considered failed;
- 5 questions for each error (all of them must be answered correctly, otherwise it will also be counted as a full-fledged error);
- The classification of tickets is determined by the highest category of the person’s driver’s license.
Important! When passing the exam due to deprivation of rights due to driving a vehicle, only passing the theory is necessary. Among the questions there is only a topic regarding traffic rules, and knowledge of first aid and fines is not asked. You do not need to take a driving test after your license has been revoked.
Based on the results of a successfully passed exam, the citizen will be given a certificate, which must be attached to the rest of the documents to restore the driver’s license. Each retake of the license after deprivation will be reflected in the final certificate.
To pass, you must contact any traffic police department and fill out an application in the prescribed form; a sample application can be found at the department. The time and date of the examination visit are set after the application received has been processed.
The procedure for submitting a driver's license to the traffic police after deprivation of rights - video:
3rd stage. Trial
Actions of the judge:
- Receiving materials.
- Accepting them into production.
- Appointment of the place and day for the consideration of the case.
- Driver notification.
Typically, a court hearing takes place in the presence of the person being held accountable. But if he does not come, the judge makes a decision in his absence - with proper notification of the place and time.
Attention! Participants in the case, witnesses, and involved experts are notified by letter (necessarily registered, providing notification of receipt), summons, telegram, telephone message (Article 113 of the Code of Civil Procedure of the Russian Federation).
During the investigation, the driver has the opportunity to:
- study materials on the case;
- make explanations;
- present evidence;
- ask for it to be reclaimed by the court;
- make a statement to challenge the judge;
- attract a defender;
- challenge a court decision.
Important! It is not his responsibility to prove innocence. He is not considered an offender until this is proven in the proceedings by the opposing party. Doubts arising during the meeting are interpreted in favor of the driver (Article 1.5, Article 25.1).
Based on the results of studying the materials, the judge accepts (Article 29.9):
- decision on the need for punishment;
- termination of consideration of the circumstances of the incident.
If your license was revoked in another city
For the convenience of examination and proceedings, a citizen has every right to make a request to transfer the case to his place of residence. For this purpose, a corresponding petition is drawn up. There is no deadline for submitting such a request.
When the case is transferred, the violator will be notified of the date of consideration of the case. But the petition may be rejected, which means the defense will have to be carried out in another city.
When a citizen is deprived of his driver's license, the region and city where the incident occurred does not matter. Taking the exam is allowed at any traffic police department.
2nd stage. Papers are sent to the judge
The protocol must reach the judge within 3 days from the date of preparation (Article 28.8). In such situations, this is the magistrate located at the place where the offense was committed. But if the above-mentioned request is satisfied, the documentation is transferred to the judge located at the place of registration of the person who was driving (Article 29.5).
The evidence base is attached to the protocol:
- report;
- incident diagram;
- acts;
- photos;
- video.
Early retake
The legislation of the Russian Federation does not allow the return of rights to violators before the established date. The certificate can be obtained after the full term of the sentence determined by the court. Passing traffic rules after deprivation of rights for drunkenness is allowed by law after half of the sentence has expired. So, if you are deprived of your license for 4 months, you can pass the exam after 2 months.
The legislation does not allow reducing the established amount of punishment in any way if the court decision has already entered into legal force. But the chances of the decision being canceled or softened remain until this moment. One of the options that citizens use is the illegal imputation of an offense, which is only possible if the corpus delicti is insufficient. This fact can only be proven in the court of first instance.
If the court of first instance decides to deprive a driver’s license, the citizen has the right to appeal the result within 10 days. This period should be used only if the person found guilty did not violate the law.
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Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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If a citizen who has lost his rights takes the exam in advance, he will be able to receive a completed certificate on the day the sentence expires.
How not to give up your rights and the consequences of this
If a court decision is made to deprive the driver of a driver’s license, the driver’s license must be submitted to the traffic police. Attempts to deceive State Traffic Inspectorate employees will create additional problems. You cannot leave the document with yourself and supposedly appear after the specified period to receive it. It is strictly forbidden to continue to use the driving license, as well as its analogue in the form of a temporary permit to drive a vehicle.
Consequences of ignoring a court decision:
- if you simply fail to hand over your license, but do not drive, administrative penalties will not follow, but the countdown of the deadline will not begin;
- If you do not surrender your license and continue to drive the vehicle, you may face a fine of 30 thousand rubles, or arrest for 15 days, or correctional labor for up to 200 hours.
It happens that a driver commits a violation that entails deprivation of his license during those 13 days when he still has the right to drive a vehicle (time to file an appeal + 3 days by law). In this situation, another hearing is held, which results in a separate order. The time limits for the two cases are summed up.
Passing a medical examination
After passing the exam, the citizen will have to undergo a medical examination. The procedure is provided for a fee. The cost of the inspection will be from 2,000 to 3,000 rubles. A citizen who has lost his rights can independently choose any medical institution to undergo the procedure.
Important! A medical examination will not be required if the certificate received the previous time has not expired.
In order to pass the commission, the driver does not need to take a referral. To sign up for an examination, just contact the reception desk, submit your details and pay for the service.
Passing a medical examination includes visiting several doctors:
- narcologist (must issue a certificate of absence from registration lists);
- psychiatrist (must issue a certificate of absence from registration lists);
- ophthalmologist;
- ENT;
- neurologist;
- surgeon.
The last doctor will be the therapist, who must draw up a completed certificate and sign it.
How many times is a retake allowed?
The law does not establish restrictions on the number of possible attempts to obtain a driver's license. There is only a rule according to which re-taking the exam is possible only after one week has passed since the last unsuccessful result.
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Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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The seven-day rule applies only after the first and second attempts. And after the third and subsequent attempts, the waiting period for a second opportunity to retake the test will be one month.
Where to take theory after deprivation
The system allows citizens to return their rights at any traffic police department. A collected driver's license is not tied to the place where it is sent for storage.
The registration of the offender is also not an important factor. And you can get your license on the day you contact the traffic police if your sentence has expired. Therefore, a citizen himself can choose a branch that is convenient for him, where he can receive the document in hand.
We sign up to take the traffic rules exam at the traffic police through State Services after deprivation of rights - video:
Results
In conclusion, we will briefly summarize the sequence of actions for submitting a driving license to the traffic police. You need to perform a number of actions:
- Find out the department where the license is handed over.
- Collect a package of necessary documents.
- Write an application for the transfer of the driver's license (or a statement of loss, if necessary).
- Submit documents to the traffic police.
- On your copy of the application, receive a note from the employee confirming the acceptance of the document.
Of course, it’s better not to break the rules. But if a problem does arise, remember that only a professional deprivation of rights lawyer can fully protect your rights. The sooner you contact a lawyer, the higher the chance of success.
You can ask your question and get your first consultation completely free. To do this, just send it through the form located under this article.
Retake stages
A driver can be admitted to the test only after passing a check using electronic databases. The citizen submits his data and documents, which are checked by the traffic inspector. The result of the application is the issuance of a permit with the place, date and time of the examination. Registration can be made through State Services.
The next step is preparation for the inspection. This step should take no more than 20 minutes. During the allotted time, the identity of the citizen is established. The testing itself is carried out on an automated workstation, which is a computer with programs.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
Ask a Question
Before the exam begins, the test taker will see his data, after which he will receive a version of the questions given to him. If the automated workstation turns out to be faulty, the person will be redirected to another computer. Test results on faulty equipment will not be counted.
The duration of the exam is 20 minutes. During this time, the citizen must answer twenty tasks in four blocks. Depending on the complexity of the section, the number of options will vary from two to five.
Once the test is completed, the result will be shown on the screen. All errors will be shown as comments with the correct answer. The data obtained is entered into the protocol and examination sheet, which must be signed by the driver.
Registration of the exam result takes about 10 minutes. The resulting assessment is sent to automated electronic databases. The driver does not receive a document confirming passing the exam. When issuing a driver's license, information will be taken from electronic databases.
