How to get your driver's license back early after deprivation in 2021

The main driving document is a license . Almost every driver has one. If traffic police officers stop a person on the road, they demand to see not a passport, but a driver’s license, because its absence automatically means that you will not be able to drive a car. If the driver does not comply with traffic rules, he will be deprived of his license for some time, so he will not be able to drive the car legally. Early return of a driver's license in case of deprivation is quite possible. True only in some situations, and subject to certain requirements.

This method of restoring your rights becomes especially relevant when you not only travel by car, but also earn a living. But since deprivation occurs as a result of serious misconduct, it can be difficult to return the papers. A certain procedure must be followed. In addition, you should study the range of reasons under which you can count on returning paper before the deadline specified by law.

Reasons for revocation of a driver's license

Before you figure out how to get your driver’s license back after deprivation, you need to talk about the reasons for losing it. And the reason must be serious. The procedure itself is quite new. They first started talking about her in 2014. Before the law was adopted, it was revised many times, rejected, modified, and more. Thus, by 2015, only a few provisions had been adopted. Moreover, they remain relevant by 2021.

According to current conditions, if a person has been relieved of his driver’s license, it is possible to return it by issuing an early return. But much depends on the reason for which the deprivation of rights occurred. That’s why let’s first figure out why deprivation of rights can occur. Among the main reasons for deprivation of a driver's license may be the fact that the driver was driving a vehicle that does not have a license plate. For example, if this license plate was removed or was not issued at all, then the car cannot be identified. Also, the problem with identification is associated with fake license plates, and if the fact of forgery is detected, the driver also faces deprivation of his license.

A driver who drives a vehicle painted to resemble the vehicles of special services or government agencies may be deprived of his license. For example, if an ordinary car is painted to look like a police vehicle and more. The driver faces exactly the same punishment if his car has prohibited special equipment installed. signals. For example, you will have to issue an early return of your driver’s license after revocation if prohibited lighting devices, such as red flashing lights, etc., were installed on the car.

The wrong direction of movement is grounds for deprivation of rights. For example, if a person’s entire driving experience did not contribute to what he remembered, the car does not drive in the oncoming lane. The license will also be revoked if the driver violates the rules for crossing railway tracks. For example, he crossed the road at a time when the brake light was already on and crossing the track was dangerous. If the vehicle is carrying cargo for which there is no permit (in cases where such a permit is required).

Drinking is a kind of stop signal for driving. If you are caught driving after drinking, losing your driver's license is the least that can happen. The same restrictions exist for drivers not only under the influence of alcohol, but also under the influence of drugs. This is important because a person in a state of intoxication cannot fully control his actions, and therefore threatens not only his personal safety, but also the safety of other road users.

In addition, a license can be revoked even if the driver voluntarily handed over control to another person who was in a drunken state. Rights are also revoked if a person refuses to take a blood alcohol test. If a driver fled the scene of an accident or caused harm to the health of a passenger, pedestrian or other road user, he faces a long-term deprivation of his license.

The standard period for which a person loses his driving document for minor offenses is from a month. But there are many situations where drivers will not be able to drive for several years. The maximum term of imprisonment is 3 years. When early return of a driver’s license after revocation is necessary, it’s not difficult to figure out. For example, if the deprivation period is short, there is no point in trying to return the document ahead of schedule, since by the time the proceedings are over, you will already need to pick up the document. It is a completely different matter if the deprivation includes a driving ban for several years. You can apply for early return of rights even if the period is only three months.

True, there are some offenses that the law treats harshly. In such situations, early return of rights is out of the question. In particular, this applies to cases where drivers have been deprived of their licenses for malicious violations, drunk driving, or if they refused to undergo examination by specialists. In these situations, the driver will be forced to feel the full extent of the punishment.

Changes in the law on the process of obtaining rights after deprivation

The most serious amendments to the relevant legislation were made back in 2013-2014, since then some points have been periodically supplemented or rewritten. The legal framework was last edited in 2021.

The main regulatory document that regulates the process of deprivation and restoration is Resolution No. 1191. Here is what is fundamentally new in it during this period:

• A traffic police inspector does not have the right to take away a driver’s license without a special court order. Even if there is one, the driver must voluntarily bring it to the department and sign the appropriate papers;
• you must retake the theoretical exam, even if you have been deprived of your driving permit for 2-3 months;
• it became necessary to bring a certificate from a narcologist if restrictions were imposed for drunk driving.

Returning your driver's license early

Early return of a driver's license after deprivation of rights is carried out only at a certain point provided by law. Early return is possible only in some cases, so in most situations the culprit can only wait until the penalty expires and they can get their documents back. For example, you cannot receive your documents ahead of schedule in cases where they were taken away for driving while intoxicated or if the driver refused to undergo a medical examination of his condition. In addition, you cannot receive a document ahead of schedule if the driver is a persistent traffic violator (has repeatedly violated the rules).

But the law provides for cases when a driver’s document can be obtained earlier than the agreed period. Although this is only possible in cases where certain requirements are met. For example, if the offender was the culprit of a traffic violation, he must compensate all participants for material damage. The material consequences also include a fine, which the culprit must also pay. Naturally, a person must admit his own guilt and prove that he will no longer behave this way.

We should also talk about one of the most important rules that is required to return a driver’s license - adhere to exemplary behavior. That is, it is important that during the period while a person did not have rights, he was not involved in other offenses. First of all, the wording itself causes some problems, since not everyone understands what “exemplary behavior” is.

A precise explanation of the concept in question is found in the rules relating to parole. So, exemplary behavior means the repayment of compensation and fines, as well as the repentance of the citizen.

If these requirements are met, you can begin the procedure for early return of the certificate. But there are certain time limits. For example, if a citizen has been deprived of his rights for a period of one year, then he will be able to begin the return procedure only if at least 6 months have passed since the “verdict” was announced.

When there are no obstacles, you can contact the traffic police department to write a statement. Only the application is written in the department where, at the time of writing the document, the citizen’s rights are stored. The application form can be obtained directly from the establishment's employees. And they will tell you how to draw up the document correctly.

But in addition to the application, in order to return your rights, you need to bring several other documents:

• passport;
• court decision;
• receipt (a person receives it when he surrenders his license).

Depending on the circumstances, additional documents may be required to process an early return. For example, a medical certificate. Moreover, you can submit an application not only by personally coming to the department, but also by sending it by registered mail (provided that you live in another city and will have to travel far to submit documents). True, in this case the deadlines are delayed even more, since the answer will have to wait about two more weeks. If the license is taken away, but the driver does not apply for it, after three years they will simply be destroyed, and everything will have to be issued again.

Maximum terms

Important time limits:

• three days - during this time after the verdict (if there was no appeal), the driver is obliged to hand over his driving license to the department;
• one day - as a rule, it is no longer required to find and give the card. That is, the car enthusiast has the opportunity to get behind the wheel on the same day of application;
• three years is the maximum storage period for certificates from the date of their delivery;
• half of the established period of deprivation - after this you can start collecting documents and taking a theoretical exam.

Passing the traffic police exam

If you are wondering how to get your driver's license back, the first thing you need to do is prove that you know the traffic rules by passing the appropriate exam . Re-passing the test takes place in the form of a test, which is almost identical to the test that the driver took in a driving school.

You will take the exam test on a computer. The test consists of twenty questions to which you will be required to give correct answers. Please note that the tickets are not the same as those given during testing, which everyone who took the exam for the first time took. The questions were originally developed for people who have lost their rights due to a violation.

For example, in the issues under consideration, topics are often raised about how to overtake correctly or not provoke other violations. Almost all questions related to first aid are excluded, and in these tickets you will not find information about the design of the car, etc. You have 20 minutes to complete the test of 20 questions. With the expectation that one minute is allotted for one question. To consider the test passed successfully, you must answer all questions correctly. The maximum allowed number of errors is two.

Even if you fail to pass the driving test, you can retake it an unlimited number of times until you get the required number of points . You can start taking the test again within a week after an unsuccessful attempt.

If everything was done correctly, the test results will be included in the database within 15 minutes. The driver himself cannot receive the results of the test, but he can receive a special card with which he can go to the archives. Your license is stored in the archive, so it will be issued on the spot. Just do not forget that in addition to the card with the results of the examination tests, you must also bring the documents indicated above.

What else needs to be done to get your driver's license back?

Early return of a driver's license after revocation is a complex procedure that involves not only passing an exam, but also other steps. In particular, the violating driver must pay all fines imposed on him. If there is at least one violation that has not been compensated, the document will not be returned, even if the exam is passed successfully.

The problem is that for some reason a person may not know that he has a driving fine, and therefore will not pay it. In this case, it is recommended to check the availability of the imposed sanctions on the official Internet resource of the traffic police. You can pay remotely using Sberbank or the State Services website. When all fines and other sanctions have been paid, you can contact the traffic police archive, where the selected document will be returned. Moreover, if all debts are covered, you can get your documents back on the same day that you pass the exam. Without unnecessary bureaucratic legwork.

How much does a return cost?

There is no state fee for the procedure; it is only needed when re-issuing, for example, if the license has expired at that time. The state duty for issue is 2 thousand rubles. When paying through the State Services website, a 30% discount is provided.

The examination committee also works free of charge. Thus, you will only have to pay for the medical examination - it can cost on average from one to two thousand rubles. A certificate from a narcologist costs about 400-500 rubles, depending on the medical institution.

Another expense item is payment of all existing fines. If they are not repaid, inspectors may refuse to return the DS.

Is it possible to get your driver's license back early for drinking?

It is very difficult to get your driver's license back after being revoked for drunkenness, since the violation in question is one of the most serious. If a person has lost his driver's license because he was drunk while driving, he will be able to get his license back only if he waits until his sentence ends, after which he goes through the necessary procedure for testing his own skills. If you don’t have time to wait and want to receive the document ahead of schedule, you can try to appeal the decision in court. In other cases, it will be impossible to return your rights early.

If you are sure that your rights were seized illegally, you can try to appeal this decision in court. But only if there are reasons for this. Otherwise, you will simply waste time and money. In addition, disturbing the court without a good reason can become a problem. The judge may well refuse to make a decision in favor of the driver, although the case will be considered. It will be necessary to collect additional evidence.

When there are grounds for the case to be considered by the court, it is worth preparing for the hearing. It wouldn't even hurt to hire a lawyer. He knows how to properly remove a driver's license. For example, the fact of drunkenness must be officially certified. If this procedure was not carried out, they had no right to take away the driver’s license. Naturally, in this case, the driver’s document will be returned to the person. There is a chance for a similar outcome, even if the examination took place, but it was carried out with some violations.

There are several violations of the examination procedure that need to be taken into account:

• there were no witnesses or there were no signatures on the document (at least two witnesses are required);
• an uncertified breathalyzer was used to determine the amount of alcohol in the blood;
• the data entered into the protocol does not correspond to the data shown by the breathalyzer.

The evidence base may need to be expanded to include other violations; simply the indicated options are the most common. In the cases under consideration, rights may be deprived, but not for the maximum period. Which, in essence, allows you to return a document earlier than required by law. In this case, you can also challenge the court's decision. Eleven days are given for this after the verdict is announced.

If there is a positive court decision, you can send an application to the traffic police, take the test, pay fines and bring a package of necessary documents. By the way, if you are sure that there was no alcohol in your blood, you can take a test at an independent clinic and get a certificate. This will help a lot in court.

Early return of a driver's license after being revoked for drunkenness is almost never done without a medical certificate. But you need to get it almost immediately to prove the fact of absence of alcohol intoxication. A certificate will also be required during the standard return procedure. Moreover, the procedure in question is one of the most expensive. But if you follow the standards, you can receive a certificate within 24 hours. It is valid for a year. If you do not use it during this period, you will have to get a new one. The specialized specialists who give the opinion are a narcologist and a psychiatrist. A medical examination is possible at any specialized institution, not necessarily at your place of registration.

1st stage. A protocol is drawn up

It can be schematically described as follows:

1. The driver violates traffic rules.
2. The inspector identifies a violation.
3. Stops the car.
4. If such actions are subject to liability under the Code of Administrative Offenses, expressed in the deprivation of a license, a protocol is drawn up (Article 28.3 of the Code of Administrative Offenses of the Russian Federation, Order of the Ministry of Internal Affairs dated March 2, 2009 No. 185 - Regulations, paragraph 109).

The protocol contains:

1. Date of the offense.
2. Time.
3. Place.
4. Information about the inspection employee.
5. Driver information.
6. The essence of the offense.
7. What is violated – from the inspector’s point of view.
8. Article of the Administrative Code.

Based on Art. 28.2:

• Inspector – explains his legal rights to the driver.
• The driver enters into the protocol:
• explanations;
• objections.

Additionally:

The alleged violator also has the opportunity to request that the case be considered at his place of residence - this can also be reflected in the protocol (Article 24.4, Article 29.5 of the Code of Administrative Offenses of the Russian Federation; Regulations, paragraph 113).

Attention! When the petition is granted, the case is submitted for examination to the court at the place of residence of the alleged offender. In most cases, requests from people living far from the scene of the incident are satisfied.

In accordance with the norm of Art. 28.2, signatures on the document are placed:

• inspector;
• driver;
• witnesses.

From 09/01/2013, the holder of the document is not confiscated by the inspectorate employee (Article 1 of the Law dated 07/23/2013 No. 196-FZ).

Receiving a revoked driver's license before the due date

Deprivation of a driver's license occurs only if there is a court decision. Therefore, it is very important that the offender takes part in the meeting and does not refer to his driving experience. During the hearing, you can try to challenge the decision, since the absence of the defendant will not prevent the judge from imposing the most severe punishment on the driver. An exception may be for good reasons, but they do not guarantee that the person will be acquitted.

Also, the judicial procedure cannot deprive the driver of his license if the driver has not undergone a medical examination, since the accusation will be based only on the words of the inspector, which is not enough. If there are violations, you can return your rights early. But only if the court gives permission for this. Having a court decision allows you to obtain the right to return your driver's license.

To do this, contact the traffic police department where the document is stored, write an application for receipt, pass the exam and, based on its results, you will return your license. It is also necessary to prepare the necessary papers and pay the fines that the citizen has accumulated. If the court makes a decision that the driver does not like, he can appeal it within 11 days.

What to do if you have already been deprived of your driving license

A citizen whose rights have been deprived must either file an appeal within the period established by law or wait until the end of the sentence. On the Internet you can find a lot of tricks that drivers with a suspended license use. Using any of them may result in additional problems.

Honest and legal ways to drive

If the appeal deadline has been missed and the court ruling has entered into force, all that remains is to hand over the document and temporarily transfer to a taxi or vehicle that does not require a license. When there is still time, it is worth trying to delay the moment of making a decision. To do this, it is better to enlist the support of a lawyer who will help extend the trial over several months. This is done through complaints, petitions, and appeals filed at each stage of the case.

You can start from the day the protocol is drawn up. If the actions of the inspector at the scene of the offense went beyond what was permitted, the Federal Court must be notified of this fact by filing a statement.

The deferment is guaranteed by postponements associated with the need to conclude an agreement with a lawyer or business trips. It is important to remember that one day you will still have to surrender your license. Such actions only allow you to postpone the moment and solve urgent matters that require transport during this time.

How to find out if the period of revocation of a driver's license has really expired

The issue under consideration is one of the most pressing for citizens deprived of a driver’s license. Many people are confused at what point to start counting, what exactly this period is, etc. The countdown for issuing an early return should begin from the moment when the official decision on the start of the deprivation was announced. However, if the driver does not return the traffic police documents on time, this period may be interrupted. It may not be possible to return the document on time due to its loss. In this case, you must write a statement about the loss of the document and submit it to the relevant authorities within three days. Then the deadline will be automatically restored.

You can get legal assistance regarding the return of your driver's license after deprivation on our website.

4th stage. Actions of the violator

When a judge makes a decision to temporarily confiscate a driver’s license, it can be appealed to a higher authority within 10 days from the date a copy was delivered to the driver (Article 30.3).

When a decision is not appealed, it takes effect after the period for appeal has ended. The missed time is restored by sending a petition to the court (Article 31.1).

Until the judge's decision becomes legal, the right to drive is retained.

In continuation of 3 work. days from the moment the resolution became legal, the driving license must be submitted to the traffic police. In a situation where the driver's license is lost, you need to write a statement about it - also to the traffic police. The period of deprivation of the driver's license begins to run from the date of receipt by the inspectorate (Article 32.7).

The driving license is handed over to the nearest traffic police department in person. To record this fact, you need to write an application in 2 copies so that the traffic police officer puts an acceptance mark on one of them.

The application must indicate:

1. To whom it is addressed (full name, position of the head of the traffic police department).
2. From whom (full name, other passport details of the applicant).
3. His address.
4. Full name of the judge.
5. Details of the resolution.
6. Request to accept the VU.
7. Its details: series, number, category, by whom and when issued.
8. Date of.
9. Signature.

Attention! The inspection officer's note must include:

1. Date of acceptance of the document.
2. Job title.
3. Signature.
4. Its decoding.

When a vehicle is driven by a driver deprived of a driving license, he faces one of the following types of sanctions (Article 12.7):

• fine - 30 thousand rubles;
• arrest – from 1 to 15 days;
• community service (100-200 hours).