Deprivation of a driver’s license is one of the most unpleasant punishments for offenses on the road. Everyone is afraid of this, but drivers do not always manage to comply with the traffic rules. If this happens, then you need to sweat to get back behind the wheel. Return of rights is not as simple a procedure as it might seem at first glance.
What offenses can be deprived of rights
Only a court, which is appointed after a person violates traffic rules, can deprive a driver of the right to drive. The legislation of Ukraine provides 17 grounds for the withdrawal of rights from a guilty driver. Here are the main ones:
- Refusal to stop at the request of a traffic police officer;
- Violation of the rules for operating the vehicle again;
- Creation of an emergency situation;
- Participation in a road traffic accident;
- Drunk driving, as well as under the influence of other substances that reduce the reaction rate and attention.
There are two different concepts of deprivation of rights – deprivation of the right to drive and temporary withdrawal of a driver’s license. Only a court can take away the right to drive a car, but an inspector can also temporarily withdraw rights under articles providing for this type of punishment. The maximum period for withdrawal of a certificate without a court decision is 3 months. If the driver has not been brought to justice within three months from the date of the offense, then he has the right to return the rights.
When withdrawing a driver’s license, the procedure must be followed. The inspector is obliged to put a mark on the administrative offense in the protocol and issue “temporary rights”. Without this temporary permit, the driver cannot legally drive the vehicle, therefore it is imperative to require its issuance.
Return of rights after deprivation
If the certificate was still taken away from, then the return of rights will require at least three months, provided that the court does not make another decision. In order to return the seized documents, you will need to come to the traffic police department at the place of registration or in the area where the seizure of rights occurred and provide the following documents:
- Passport and identification code;
- Temporary driving license;
- A certificate from the court that the verdict in the case has not yet been delivered.
The place of submission of documents depends on the type of offense. If the rights were taken away due to an accident, then they should be taken in the area of the accident. When a license is taken away due to speeding or drunk driving, they can be obtained at the traffic police department at the place of registration. But not always the location of the driver’s license can be easily determined, since there is a possibility of violation of the document flow. It is better to immediately ask about the whereabouts of the rights from the traffic cops who draw up the protocol, or from the judge who makes the verdict.
In the event that the trial has already taken place, one of two punishments can be awarded: an administrative fine or a period of deprivation of driving rights. When a fine is imposed, it must be paid and a certified court order must be obtained. With these documents, you can return the seized rights at the traffic police department. When the court appoints the period of deprivation of the certificate, the return of rights will become possible only after its expiration and passing the exam for traffic rules.
If necessary, a court decision can always be challenged in a higher authority. If the registration of the withdrawal of rights occurred with violations and the actions of the traffic police were unlawful, then this gives reasons for the return of the driver’s license. To carry out the return of rights in this case, you will need the services of qualified lawyers who are knowledgeable in this area. The main thing to remember is that there are no hopeless situations and a solution can always be found.