How to return the rights ahead of schedule after deprivation: for drunkenness and accidents?
Any driver who has been deprived of his rights is interested in the question: is it possible to return a driver's license ahead of schedule? After the approval of the draft law on parole by the Duma, such a possibility theoretically appeared.
True, there is one small problem - although the law was approved, however, the dates for its entry into force are constantly being postponed. At first it was planned that it would come into force in July 2015, then the date was postponed to autumn 2015. To date, no news about the entry into force of the law on parole from administrative liability has not appeared.
Thus, for drivers, everything remains the same: it is impossible to regain your rights after the court decides that you violated the rules of traffic rules and for this you were deprived of your rights.
The only way left is hire good lawyers and appeal the court decision. It will be especially difficult if you want to early return the rights for drinking or participation in an accident with serious injuries.
Let's consider exactly how, under today's legislation, a person is deprived of rights, and what can be done to avoid this.
Deprivation process driver's credentials
So, if you were stopped for one of the violations for which you are deprived of your rights - we have already listed them on Vodi.su - the situation will develop as follows:
- Drawing up a protocol. If we are talking about driving while intoxicated, the protocol should be supplemented by the results of an on-site examination or honey. medical examinations. It is at this stage that you should try to look for any errors on the part of the inspector and bring your legal objections. The court will definitely take them into consideration.
- Court sessions. Many drivers do not attend them, however, in this case, the decision will be made without their knowledge and a notice of deprivation of rights will be sent by mail. If you came to court with a lawyer, then you need to try by all means to prove your innocence.
- Appeal. After the court makes a decision that is negative for you, you are given 10 days for an appeal.
Well, if you could not defend yourself at the last stage of the appeal, then the decision to withdraw your VU for a certain period comes into effect. And now there is no legal way to return the rights ahead of schedule.
Your previous behavior does not matter to the court - an exemplary driver who once violated traffic rules and a hardened violator will be held accountable to the fullest extent of the law.
What to do if you get banned for drinking?
With the entry into force of a new law abolishing the institution of witnesses, it will be more difficult to prove that you were illegally deprived of your rights for drinking. Now the video recording is quite enough for the inspector to present evidence to the court.
However, it is at the stage of drawing up the protocol that you can try to prove your innocence. It is clear that this method is suitable only in the case of a slight deviation from the norm.
We previously wrote on Vodi.su about ways to deceive a breathalyzer - they will help only with a low content of ethanol in the blood. You can also hide the smell of alcohol, and if the inspector does not notice anything strange in your behavior, he will not force you to breathe into a straw.
If you do not agree with the testimony of the tester, do not sign the protocol and write that you disagree with the testimony. Request that you be sent for a medical examination. The doctor conducting the examination must know perfectly how the act is drawn up correctly. Any strikethrough is prohibited.
Demand a copy of the printout of the breathalyzer - the readings in it must match the readings in the act.
If desired, you can order an independent examination. True, the time elapsed since the last check will be taken into account, and alcohol may disappear during this time.
If the results are confirmed, the inspector will draw up a protocol on an administrative violation.
It must be accompanied by:
- certificate of inspection directly on the spot;
- an act from a medical institution;
- printout of breathalyzer readings;
- protocol on referral for medical examination.
There may also be a report written by the inspector. It is also important to have copies of all these papers. Do not forget about audio and video files - it is advisable to record the entire procedure on a DVR.
In the explanation, write in detail why you disagree and what possible legal errors the inspector made when filing the case. The help of an experienced auto lawyer can be very helpful.
Note that it is possible to prove something only if the deviations from the norm were minimal. You can, for example, appeal to some alcohol-containing drugs.
If, based on the results of litigation and subsequent appeals, the court decides that you were really in a state of intoxication, you will legally be deprived of your rights and you will not be able to return them in any way.
The same applies to gross violations of traffic rules, as a result of which accidents occurred:
- in every possible way deny your guilt;
- attach the video recorder to the case;
- order an independent examination.
In any case, it is possible to prove something only in controversial cases. If you are really guilty, for example, you drove into the oncoming lane or were really intoxicated, then no, even the best lawyers will help you.
It is also worth recalling that if the law on parole is finally adopted, then there is also no early return of rights for drunkenness and gross violations of traffic rules.
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