Each car owner must drive a car only if he has a license, since this violation, when detected by traffic police officers, leads to a rather significant liability for a citizen. In this case, the punishment may differ in, as well as from the basis of the stop.
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For what offenses can the car owner lose his rights
Initially, it is necessary to deal with situations where deprivation of rights is used as a punishment for various violations.
These cases include:
- , and the punishment is used even if there are signs, but they are attached incorrectly;
- the use of red light for headlights;
- driving a car on the opposite lane on the road where there is one-way traffic;
- oncoming traffic on tram lines;
- , and it is important that the speed differs from the permitted value by 60 km / h;
- providing a car to a person who is drunk or does not have a driver's license;
- driving a car while intoxicated or during drug intoxication;
What is the penalty for drunk driving? The timing of the elimination of alcohol from the blood? Read on
- alcohol or drug use after an accident;
- refusal to undergo an examination after an accident.
What are the main causes of an accident? Read preventive measures
Important! Some of the above cases may end in the accrual of fines, and not deprivation of rights, however, only if they are primary, and the amount of the fine will vary from 5 thousand rubles. up to 15 thousand rubles.
Undocumented driving legislation
There are quite a few articles in the Code of Administrative Offenses related to situations where drivers may be deprived of their rights. In Art. 12.7 indicates that this method of punishment is certainly used in situations:
- the driver uses the car while intoxicated;
- refusal of examination;
- serious traffic violation associated with driving in the opposite lane or significant speeding.
Article 12.7. Driving a vehicle by a driver who does not have the right to drive a vehicle
1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for training driving) -shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.
2. Driving a vehicle by a driver deprived of the right to drive vehicles - shall entail the imposition of an administrative fine in the amount of thirty thousand rubles, or an administrative arrest for a period of up to fifteen days, or compulsory work for a period of one hundred to two hundred hours.
3. Transfer of driving a vehicle to a person who knowingly does not have the right to drive a vehicle (with the exception of training driving) or is deprived of such a right - entails the imposition of an administrative fine in the amount of thirty thousand rubles.
Important! If a person is already deprived of his rights, then he cannot use the car, and if he still gets behind the wheel, then this will lead to the accrual of a significant fine in size or an increase in the period of deprivation of documents.
What punishment is applied
If, as a result of stopping the driver by the traffic police inspector, it is found that he has no rights, then this will certainly become the basis for calculating a fine.
What punishment can a driver face for driving without a license after being deprived? Watch the video:
Its size depends on the specific situation:
- if the driver was previously deprived of documents for any violation, then the fine will be equal to 30 thousand rubles;
- if the person driving the car does not have any documents at all, since he did not pass the exam for obtaining them, then the sanction for such a violation will be equal to 5 thousand rubles. up to 15 thousand rubles.
If a person who was previously deprived of his rights was stopped by the inspector, then the punishment can be expressed not only in the form of a fine, since other measures of influence can be applied, which include:
- detention of a person for up to 15 days;
- assignment of corrective labor, the duration of which varies from 100 to 200 hours.
Important! Often, drivers simply forget at home or in another place the documents confirming their right to drive a car, and in such a situation a minor penalty is imposed in the form of a fine equal to 500 rubles, and for this it is necessary to bring the documents to the traffic police.
What happens if you drive a car without documents in a sober state
If the traffic police inspector, after stopping the car, discovers that the driver was previously deprived of his license, but at the same time is in a sober state, then he may be assigned different punishments:
- a fine, the amount of which is equal to 30 thousand rubles;
- forced labor;
- arrest for up to 15 days.
Important! The inspector cannot extend the term of deprivation of rights.
Driving without a license while drunk is a criminal offense.
What happens if you drive a car while intoxicated
If the traffic police inspector discovers that the driver not only lacks documents, but is also drunk, then this violation is accompanied by the use of severe penalties:
- a fine of 30 thousand rubles;
- arrest for a period of 10 to 15 days;
- deprivation of rights for a specified period.
Important! Often, drunk drivers refuse to undergo an examination, and then they are additionally assigned a fine of 30 thousand rubles.
If earlier a person driving a car was deprived of documents for using a car while intoxicated, then he is assigned forced labor, a fine, the amount of which varies from 200 to 300 thousand rubles, and can also be imprisoned for up to two years.
Is the repeated violation accompanied by an arrest
If the driver repeatedly or for the third time stops for traffic violations, and at the same time is drunk, then severe punishments are applied to him, which even includes imprisonment.
If a car is driven by a person who has been deprived of his rights, and at the same time he is stopped by the traffic police several times, then arrest will certainly be applied to him, the period of which may even be 15 days.
Table of penalties for driving without a license.
Who cannot be arrested
Not all drivers driving an undocumented vehicle can be arrested, as there are exceptions.
These include:
- pregnant women;
- military;
- mothers of children under the age of 14;
- disabled people of 1 or 2 groups;
- minor children;
- conscripts;
- people working in law enforcement agencies, at customs, or employees involved in the control of the circulation of drugs or psychotropic drugs.
Important! A complete list is contained in Art. 3.9 Administrative Code.
Article 3.9. Administrative arrest
1. Administrative arrest consists in keeping the offender in isolation from society and is established for a period of up to fifteen days, and for violation of the established procedure for organizing or holding a meeting, rally, demonstration, procession or picketing, or organizing a mass simultaneous stay or movement of citizens that caused a violation of public order in public places, for violation of the requirements of the state of emergency or the legal regime of a counter-terrorist operation, or for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors up to thirty days. Administrative arrest is ordered by a judge.
2. Administrative arrest is established and imposed only in exceptional cases for certain types of administrative offenses and cannot be applied to pregnant women, women with children under the age of fourteen, persons under the age of eighteen, invalids of groups I and II, military personnel, to citizens called up for military training, as well as to employees of the Investigative Committee of the Russian Federation, internal affairs bodies, bodies and institutions of the penal system, troops of the National Guard of the Russian Federation, the State Fire Service and customs authorities who have special ranks.
3. The term of administrative detention is included in the term of administrative arrest.
What is the penalty for using fake rights?
Some car owners prefer to use fake documents in order to drive the car without hindrance even after their driving license has been revoked.
If this violation is detected by the traffic police inspector, then the punishment is imposed on the driver:
- a fine, the amount of which is 80 thousand rubles;
- arrest for six months;
- correctional labor for a period of 480 hours or more.
One option is chosen from the three above, but any of them is tough, so it is best not to use the car after deprivation.
What should a driver do after a license has been revoked?
To return documents, the car owner can perform different actions:
- if the documents were lost, then they are easily restored within two months, and for this period, temporary rights will be issued at the registration point;
How can I quickly change my rights? What documents are needed? Where to sign up for an exchange? Answers to all questions
- if the driver was deprived of the opportunity to use the car due to various serious violations, then he must wait until the end of the term of this punishment.
How, according to the law, to return the rights after deprivation? Lawyer tips in this video:
Important! Even if documents are lost or transferred to another person, a certain fine is imposed for car owners.
Is it possible to appeal the punishment
Many car owners want to appeal against the punishment of deprivation of rights. This can only be done in court. The inspector who finds the violation will certainly draw up a protocol, which may not be signed by the violator, if he has arguments against it.
The case is then transferred to the court, by decision of which a decision on deprivation of rights is made. During this time, the driver can drive the car, and if the decision is not made in his favor, then he can appeal.
Is it possible to mitigate the punishment
Often, traffic police inspectors take documents from the driver without a court decision. The car owner is issued a special temporary permit to drive a car, valid for two months.
It is possible to mitigate the punishment if in court the driver proves that he got behind the wheel without a license for special and significant reasons, which may include illness of close relatives or similar specific situations.
Can the rights be returned early
The rights are returned ahead of schedule only to drivers who, after being deprived of the license, do not use the car.
Important! Documents may be returned ahead of schedule, however, after at least half of the appointed sentence has passed.
To return the rights, a special petition to the court is submitted at the place of residence. In this case, you do not need to re-take the exam to obtain a license. The rights are not returned ahead of schedule if they were withdrawn due to drunk driving.
Thus, driving without a license will certainly lead to severe penalties, so you should not drive without these documents, even in specific situations.
Fines are significant and even imprisonment can be imposed.
