for drinking, for oncoming traffic, etc.
Machine operation

for drinking, for oncoming traffic, etc.

27.06.2022 /

There are a large number of articles in the Code of Administrative Offenses under which a driver can be deprived of the right to drive a vehicle. We already wrote on Vodi.su, for which a driver's license can be taken away.

In this article, we will consider the process of deprivation of rights. This question is really relevant, since since 2013 certain changes in the legislation have been adopted, according to which traffic police officers do not confiscate the VU and do not issue a temporary permit instead.

Procedure

After the inspector reveals the fact of the violation, he stops the car and turns to the driver, pointing out the violation he has committed. In fact, immediately on the spot, the inspector is obliged to draw up a protocol, which indicates:

  • date and time;
  • information about the traffic police officer himself, as well as about the driver;
  • the data of witnesses are listed if they were involved in the process of drawing up the protocol;
  • the very fact of the violation - describes the circumstances and lists the traffic rules that the driver violated, and the articles of the Code of Administrative Offenses that provide for punishment in the form of deprivation of the VU for a certain period;
  • explanations and objections of the driver.

The driver has the right to file a motion to have the case heard in the court of the place of residence - if you are stopped in another area.

The inspector, driver and witnesses sign the protocol. The presence of a signature is not evidence of agreement with everything that is indicated in the protocol, you simply confirm the fact that you have carefully read it. Also, the violator is given a copy without fail.

for drinking, for oncoming traffic, etc.

Then the inspector sends the protocol and all other materials collected in the case to the court within XNUMX hours. Usually they are dealt with by a justice of the peace. Then the driver is informed about the time of the court hearing. If the violator does not appear at the meeting, the case can be considered without him. It is clear that in this case, most likely, a decision will be made on the validity of the conclusions of the traffic police inspector and on the regularity of deprivation of rights.

Based on the legislation, only in court or upon subsequent filing of an appeal can one achieve a replacement of the penalty, for example, with a fine, or even prove that the inspector was wrong. Therefore, it is not worth neglecting the court hearing in any case. Get good lawyers to help you. To get started, you can ask a question to the lawyer of the Vodi.su portal.

Based on the results of the first review, an appropriate decision is made. The driver and his lawyer have the right to access all materials. In court, there is a presumption of innocence, that is, guilt must be proven, while the driver is initially considered innocent.

Appealing a court decision

If the court sided with the accuser, this does not mean that you are obliged to immediately hand over your driver's license. By law, you have 10 days to appeal. The countdown of these ten days begins from the moment you were served with the order of the court decision.

During this time, you have every right to drive your vehicle. The appeal is filed with the same judicial institution where the first hearing was held. It is quite possible to sway the court to your side if you resort to the help of qualified auto lawyers.

In some cases, an independent examination may be required, which will establish that in a given situation you had no other choice.

for drinking, for oncoming traffic, etc.

If the appeal did not lead to a positive option for you, then you have no legal ways to return the rights. You are obliged to hand over the VU to the inspector within three days and receive an appropriate receipt from him.

The period of deprivation of rights begins from the moment they are handed over. We wrote on Vodi.su that driving with fake documents or with a temporary ban on driving is fraught with serious consequences, up to criminal liability, if it turns out that a bribe has taken place.

For all this time, the driver is retrained as a pedestrian. He also needs to prepare for the exam on traffic rules. If you have been deprived of your driving license for drunk driving, you will definitely need to pass a medical examination and provide a medical certificate. Without it, you will not be able to get your VU back.




Loading…

Add a comment