How do I know if I have no driver's license? How to dispute the deprivation of a driver's license?

Many drivers ask: "How do I know if I am deprived of a driver's license?" The traffic police has unveiled a specialized explanation on the withdrawal of motorists' rights. So, let's analyze this question thoroughly. Probably everyone knows that the period of deprivation of rights begins when the judicial decision becomes effective. Until that time, the driver is not considered as having been deprived of his rights. But in the traffic police he is obliged to surrender the temporary permit. This is the essence of the newest explanations that the Russian Department of the Ministry of the Interior, ensuring road safety, has transferred to the regional units.

What article is meant?

Basically, it will be part 3 of Article 12.8 of the Code of Administrative Offenses. It says about the responsibility for driving a driver in a state of intoxication, especially if such a driver lacks rights or is deprived of them. The responsibility for this is significant: up to 15 days of arrest. It should be noted that there have been cases when the driver drove the car in a state of intoxication and was caught. It was found that the offender has a temporary permit issued in exchange for the rights for the classification period for the previous offense, but in the previous case the term of deprivation has not yet entered into force. Inspectors, as well as judges from their filing, sought to plant such a miserable grudge.

New explanations

Of course, deprivation of a driver's license is considered a difficult issue. The new explanations of the State Traffic Safety Inspectorate accurately state that when considering situations with such mountain drivers, it is necessary to take into account whether the decision on the previous violation has come into effect or not. And it is not so important what kind of violation it was. Perhaps the driver drove to the oncoming lane, maybe exceeded the speed limit or just drank at the wheel. But if the decision has not entered into force, then the new unlawful action is determined by part one of the same article (12.8). And this means that the driving license is revoked for one and a half or two years. In this case, the seizure period begins from the date of completion of the period of loss under the previous punishment.

The court's decision

The decision of the court of first instance acquires powers only after ten days, which are submitted for appeal. But the court decision on appeal is valid from the moment of its adoption. That's why some incidents take place. For example, the court confiscated from the driver the right to drink. And the one with grief got drunk and again sat behind the wheel. Of course, he will be right only after ten days. And now he was caught drunk driving! But the driver is not considered to be deprived of the driver's license. For this they may increase the period of seizure, but they can not be arrested for arrest.

And in what other cases is the deprivation of the driver's license taken? If the driver operates a vehicle of this type, for which he has no rights in his rights, he is also drunk. Then he (in addition to the confiscation of rights) is also facing a fine of 2,500 rubles for part 1 of Article 12.7 of the Code of Administrative Offenses, but not arrest.

Term of validity of temporary permits

How do I know if I'm missing a driver's license? This is a perennial question! Let's first analyze the terms of validity of temporary permits and find out whether they need to be handed over. These documents are of two kinds. The first is given in exchange for the one that was taken during the inspection, the second - instead of seized for the period of the proceedings. In the first precedent, traffic police officers who stopped a driver for a violation providing for an exemption are required to confiscate a temporary permit. In the second they should not do this.

And after the judgment becomes lawful, it is necessary for the person himself to pass such a permission. Otherwise, the period of deprivation will be calculated exactly from the moment of delivery of the temporary paper. And if a person does not return it and after the court decision becomes effective? And if the grief-driver falls into the hands of the inspector? In this case, he will have to be responsible for managing the car and after the confiscation of rights. And that means an arrest of fifteen days.

But if a person does not seize the right of the inspector? And if the court decision came into force, and the traffic police did not even try to withdraw them within a year? In this situation, the decision on the confiscation of rights is not enforceable, because the statute of limitations expired.

Some violators have been trying to cunning recently. They no longer ask anyone about how to find out if I have no driver's license. Many simply prefer to change the name after deprivation. This nuance gives an opportunity to again get training and pass on the rights. But the new explanation indicates that changing the name does not absolve from responsibility. And the old rights must necessarily pass.

A Little Story

It happens that the driver gets into an accident, as a result of which someone dies. The culprit is imprisoned. Rights are not shown to him, nothing is told about their fate. He does not know where they are, and he asks the following question: "Do I have a driving license?" In such cases, they turn to a lawyer who will tell how the documents of interest can be collected.

A specialist first of all will pay attention to the fact that the driver already had a court. And if nothing is written in the verdict of deprivation, then the driver did not lose the right to drive. And where the rights are, you need to clarify. To do this, the court will ask the driver to apply to the traffic police or to the investigator who conducted the case.

How to challenge disqualification?

"How do I know if I'm missing a driver's license? And if they tell me that they are deprived, how can they be returned? "These questions worry many unsuccessful drivers. Many judges say that it is useless to appeal the ruling, the decision can not be canceled. The secretaries and assistants to the judges agree to their superiors. They ask: "Why do you need this?" All the same you will be deprived of the right! "Lawyers have no reason to appeal, because confiscation of rights can not be challenged if there are protocols.

Some owners of cars after the court decision to deprive them of the rights to manage cars hire drivers. Sometimes they even turn to the urgent purchase of cars and sell the vehicle. After that, many do not drive anymore. But if you look more closely, you can find out that any court decision is disputed.

All the assurances of judges and secretaries are a nondescript attempt to rid themselves of unwanted work. For example, you have been sentenced. You have already figured out and forever figured out where to find out if I'm deprived of a driver's license. With the verdict, you agreed, everyone is happy and happy ... But you are sad. And you decide to appeal it. But secretaries and judges will have to do a tremendous amount of work! By the way, to qualify the judiciary board to file a complaint against the traffic police, you have to turn to lawyers.

It is for this reason that the servants of Themis benefit from the fact that decisions are not appealed. They know very well that most drivers have no idea how to contest disqualification and use this illiteracy.

Many drivers are interested in the following: "How do I know if I have a driving license online? How to find out? "If there was no court, then they did not deprive the rights either. Online online, this question can not be clarified in any way, because it is strictly confidential information.