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The term of deprivation of rights for drunk driving can be quite long. And the temptation to get behind the wheel in such a state is great for many. However, citizens who find it difficult to get out of the habit of driving their car should know what threatens the offender if he decides to drive without a driver's license. Two options are possible here:
- The driver, caught not sober and deprived of his rights for this, sat behind the wheel again.
- The offender, who had already been stripped of his driver's license for drunkenness, got behind the wheel again, being not sober.
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Sits behind the wheel of a car without the documents established by clause 2.1.1 of the SDA is prohibited. Mandatory documents for the driver are:
- A license or alternative is a temporary permit that can be issued if there is a loss, theft of the license, or the driver still has not taken the license after being deprived.
- Registration documents for cars.
- CTP policy.
The driver must make sure that they are present before starting to move.
Note! Driving a car without a license is an offense under Art. 12.3.1 of the Administrative Code for which a penalty is provided - a fine of 500 rubles.
If a citizen has rights, but simply forgot them at home, lost or otherwise lost his document, while the driver is sober and not deprived of the right to drive, he will be removed from driving, but this does not cancel his right to transfer control to a person who has a driver's license ...
Sits behind the wheel of a car without a license, if before that the driver was deprived of them for drunk driving, it is double dangerous.
Having stopped the vehicle, the driver of which was driving without the documents specified in the law, the traffic police inspector will check the fact that the driver has received a license. And if in the course of such a check it turns out that he was previously deprived of his rights, then the punishment threatens completely differently. It is established by Part 2 of Art. 12.7 of the Administrative Code of the Russian Federation:
- Administrative fine (its amount is 30,000 rubles).
- Arrest up to 15 days.
- Correctional labor for a period of 100-200 hours.
If the traffic police establish that the control of the car was transferred to such a person, then the owner of the car will face a fine in the same amount.
Important! In order to prosecute a person who drove a car without a license and to impose a punishment on him, there must be a court order by which he was deprived of his rights.
Drunk driving after disqualification
In July 2015, Law No. 528 came into effect, increasing the responsibility for road safety. In particular, another article 264.1 was added to the Criminal Code of the Russian Federation, which determined what would happen to citizens who were caught driving drunk if the term of deprivation of rights for this violation did not pass.
It provides for the following sanctions:
- The fine is from 200,000 to 300,000 rubles.
- Correctional work, which will take up to 480 hours.
- Prohibition to engage in certain activities for three years.
- Forced labor that can last up to 2 years.
- Deprivation of liberty for up to 2 years.
Investigators of the Department of Internal Affairs investigate such cases, and district courts (Articles 31,150 of the Code of Criminal Procedure of the Russian Federation).
Thus, a drunk driver driving while previously deprived of his license for the same violation or refusing to undergo a medical examination is a subject of a criminal offense.
The presence of a criminal past in such a person is another reason to toughen the punishment. In addition, guilty drivers will be additionally deprived of their rights for 3 years.
Procedural subtleties
Persons who find themselves in a similar situation may be interested in some of the procedural nuances of this procedure. For example, how to drive if the protocol has been drawn up, but the license has not yet been taken away.
In this case, you should know that the traffic police inspector does not deprive the driver of his rights, this is the competence of the judicial authority. First, the materials of the case are collected and sent to the court. After that, a court hearing is scheduled, at which the court considers them and makes a decision. After it comes into effect, the offender will have a time limit to appeal to a higher instance (10 days).
Can I ride if I have been deprived of my driving license? Until the appeal deadline expires, a potential offender can still drive the car legally.
Note! If the offending driver, before the deprivation order comes into effect, re-sits behind the wheel not sober, he will be punished twice.
In this case, he will lose his rights twice, and the terms of deprivation are summed up in accordance with the requirements of Art. 32.7 of the Administrative Code. However, a repetition of the violation in this case will not occur, and, therefore, criminal liability will not occur.
One more procedural subtlety should be taken into account. The terms of administrative punishment and deprivation of rights may not coincide, and therefore, taking away the rights after the end of the period for which they were withdrawn, it should be remembered that the administrative punishment still lasts. The commission of a repeated violation during this period will entail criminal liability.
To get out of this situation is quite simple - in order not to expose yourself to the risk of criminal liability, you should not drive drunk!
Important! The materials of the criminal case must contain a copy of the decision on the appointment of an administrative penalty, which must contain a note on its entry into force. In addition, there should be information about the execution of the administrative punishment and whether the statute of limitations was interrupted in the course of its execution (Article 31.9 of the Administrative Code).
Is it possible to return the rights after they have been taken away? There is no legal way to return them after a court decision and the end of the appeal period. There is only one way out - to wait until the term of deprivation ends. All other workarounds are outside the scope of the legal framework.
Attention! Due to the latest changes in legislation, the legal information in this article may become out of date!
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