Detour obstacles before the railway crossing. Overtaking at a railroad crossing

The court decides to deprive the driver of a car license in the case when the most serious violation has been committed (drunk driving). After all, in this case it would be illogical to add to the already committed another and a new violation committed during the period of suspension of the rights to drive vehicles. The deprivation of a driver's license occurs so that a person does not drive at all, realizes his mistakes, and does not commit violations in the future.

If this does not happen, the punishment becomes even more severe. At the same time, the period for which can be significantly increased. Now let's take a closer look at what threatens for driving without a license after deprivation for drinking.

Driving without a license after deprivation: what threatens for it?

It is important to understand: it is forbidden to drive a car if there are no documents that are defined in clause 2.1.1 of the SDA.

From this official document it can be seen that the driver must have the following documents:

Auto-certificate / temporary permit (issued in case of loss, theft, damage to the rights, or in the case when the driver did not take the document after the deprivation);
Documents confirming the registration of the vehicle (hereinafter - the vehicle);
Insurance policy (OSAGO).

In this case, even before the start of the movement, the driver must make sure that he has all the above documents with him. This is important, since driving a car without a license is an offense (Article 12.3 of the Code of Administrative Offenses) and is punishable by a fine of 500 rubles.

In the case when the driver has the rights, but he forgot them at home or lost them (at the same time he is not in a state of intoxication and has not been deprived of his rights), then he will be removed from driving the car, however, it will be possible to transfer control of the vehicle to a person who has auto ID.

What happens if you drive a car after being deprived of your license for drinking?

A particularly serious violation is the decision of the driver to drive a car without a license, while he was deprived of them for drunk driving.

If the traffic inspector stops the vehicle and checking the documents reveals the absence of one of them, then the fact that the driver received a driving license will be checked (such a check makes it possible to find out why he was previously deprived of his rights). The detection of fraud threatens with serious punishment (established in accordance with part 2 of article 12.7 of the Code of Administrative Offenses of the Russian Federation.

Such punishment may be:

Administrative fine (up to 30,000 rubles);
Arrest (maximum - up to 15 days);
Correctional labor (term 100-200 hours).

Finding out in advance what the punishment will be is impossible, since the type of sanctions applied to the driver, taking into account the severity of the violations committed. However, the troubles do not end there, because according to Part 1 of Articles 27.12 and 27.13 of the Code of Administrative Offenses of the Russian Federation, the driver will be removed from driving the vehicle, and the car itself will be sent to a car impound.

Driving a vehicle while drunk (after being deprived of a driving license for drinking)

If a driver who has already been deprived of a driver’s license earlier is in a state of intoxication and drives a car, then if this fact is revealed (without committing a criminally punishable action - Article 12.8, paragraph 3 of the Code of Administrative Offenses of the Russian Federation), he will be arrested for 10-15 days, however, as and for (Article 12.26, clause 2 of the Code of Administrative Offenses of the Russian Federation).

In the case when, for objective reasons, the arrest of the driver is impossible, then this punishment is replaced by an administrative fine - 30,000 rubles.

Please note that arrest as a punishment cannot be applied to the following categories of people:

Persons under the age of majority (age up to 18 years);
Women with children under 14 years of age, as well as pregnant women;
Disabled people of the 1st and 2nd groups;
intelligence officers;
Military personnel, etc.

The term of administrative detention (3-48 hours) in accordance with Article 27.5, paragraph 1, paragraph 2 of the Code of Administrative Offenses of the Russian Federation will be included in the term of administrative arrest. It starts its countdown from the time the person was delivered (Article 27.2 of the Code of Administrative Offenses of the Russian Federation), and for a drunk driver - from the moment he sobers up.

From the second half of 2015, Law No. 528 came into force, which, by its action, strengthened the responsibility in the field of traffic safety issues on roads. For example, Art. 264.1 defining further fate citizens caught driving while intoxicated (if the period of deprivation of rights for a similar violation has not passed).

This article of the Criminal Code of the Russian Federation provides for the following sanctions for violators:

Fine - 200-300 thousand rubles;
Correctional labor, up to a maximum of 480 hours;
Official ban (up to 3 years) on the implementation of certain types of activities;
Forced labor (maximum term - up to 24 months);
Arrest (imprisonment - up to 24 months).

Investigators of the internal affairs department conduct investigations of such cases, while they consider and then issue a final verdict - district courts (Articles 31 and 150 of the Code of Criminal Procedure of the Russian Federation).

It is quite clear that a drunk driver at the wheel, while previously deprived of his rights for such a violation, however, as well as refusing to undergo a medical examination, will be the subject of a criminal offense.

At the same time, the presence of a criminal past in such a person is an additional reason for toughening the punishment imposed. It is important to know that additionally guilty drivers will be deprived of the right to drive a vehicle for a period of 36 months.

What will happen for driving drunk on someone else's car without a license after deprivation?

There are situations when a driver, for some reason of his own, cannot drive himself, but asks his acquaintance / friend to take him, having no idea that he had previously been deprived of his license for driving while drunk.

In this case, driving without a license (by a previously deprived citizen) will be punished in accordance with Art. 12.7 (part 3) of the Administrative Code of the Russian Federation. However, the corresponding fine is charged to the owner of the car, who allowed a person without a car certificate to drive his vehicle.

At the same time, the driver himself will also be punished, but already under Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation.

If the vehicle was driven by a drunk driver, and before that he had already been deprived of a car license for drinking, then such an offender will be punished with arrest for 10-15 days (part 3 of article 12.8 of the Code of Administrative Offenses of the Russian Federation). At the same time, the owner of the vehicle will also face a fine of 30 thousand rubles.

As you can see, the situation when a drunk person, previously deprived of the right to drive for drunkenness, is driving a vehicle is fraught with serious punishment, both for himself and for the owner of the car.

What happens if you ride a scooter while drunk, if you were previously deprived of your license for drinking?

Some people mistakenly believe that if they are deprived of their rights, then they can. A person can get an auto certificate that allows you to drive any other vehicle (for example, not a car, but a motorcycle or scooter) only when you regain your previously withdrawn rights.

So the scooter is legally classified as a low-power vehicle, but you can only drive it if you have a car certificate of the established form.

In a situation where a person was previously deprived of the right to drive a scooter, and later detained by traffic police inspectors while driving while intoxicated, the punishment for such a violation will be as severe as for driving a car while drunk (Articles 12.7 and 12.8 of the Code of Administrative Offenses of the Russian Federation apply, as well as Article 264.1 of the Criminal Code of the Russian Federation). It should be borne in mind that the withdrawal of rights from the driver is carried out not only on a scooter, but also on any other vehicle.

In the case when the scooter was driven by a drunk underage teenager, his parents will be punished for such a violation.

If you find yourself in one of the situations described above, then it will not be superfluous to familiarize yourself with some procedural aspects, namely:

The protocol has been drawn up, but the rights have not yet been taken away: how to drive?

It is important to know that the traffic inspector does not have the right to deprive the driver of the VU. are within the jurisdiction of the judiciary. The deprivation procedure is lengthy, because it involves:

Collection of materials.
Sending the case to court.
Consideration of the case at the meeting.
Making a decision.

After the court decision comes into force, the violator has a 10-day period within which an appeal can be made to higher authorities.

Deprived of rights: can I drive?

On absolutely legal grounds, a person can drive a vehicle until the appeal period expires. However, if the violating driver before the moment the court order regarding deprivation comes into effect, then the punishment for him will be tougher!

In such a situation, a double deprivation of a driving license awaits him (according to Article 32.7 of the Code of Administrative Offenses, the terms of deprivation will be summed up). At the same time, from a legal point of view, there is no repetition of the violation in this case, and, as a result, criminal liability does not arise.

There is one procedural nuance here: the terms of deprivation of rights and administrative punishment may not coincide in their duration. Thus, when picking up an auto-certificate at the end of the period for which it was withdrawn, it is important to remember that the administrative penalty is still in effect. At the same time, the commission of a repeated violation during the period of its validity entails criminal liability.

There is only one way out, and it is quite simple: you can protect yourself from the risk of falling under criminal liability only by completely refusing to drink alcohol before and while you are driving a vehicle.

Regarding the materials of the criminal case, it should be noted that they must contain a copy of the decision on administrative punishment (with a mark on entry into force).

In addition, there must be information about the execution of such a punishment, as well as whether there was an interruption of the term during the execution (Article 31.9 of the Code of Administrative Offenses).

How to return the VU if it was taken away?

The law does not provide for ways to return auto IDs after the court has made a decision to withdraw them and the time limit for appealing such a decision has expired. Here, any return options can be immediately safely attributed to illegal!

It follows from this that in the event that for some reason you have been deprived of your rights, you should refuse to drive the vehicle and not tempt fate. After all, when checking documents, a traffic inspector will quickly reveal the absence of a VU, and then a rather tangible punishment awaits such an unfortunate driver.

It is important to remember and understand the full degree of risk to which you expose yourself by deciding to drive without a license (after deprivation). We are confident that, objectively evaluating possible consequences, any sane driver will give up the idea of driving without a license!

Do you want to take a test on the materials of the article after reading it?

YesNo

The term is quite large. And the temptation to drive in this state is great for many. However, citizens who find it difficult to wean themselves from driving their car should know what threatens the violator if he decides to drive without a driver's license. There are two options here:

The driver, who was caught not sober and deprived of his license for this, got behind the wheel again.
The violator, who had already been stripped of his driver's license for drinking, got behind the wheel again, being not sober.

What is the penalty for driving without a license?

It is forbidden to drive a car without having the documents established by clause 2.1.1 of the SDA. Mandatory documents for the driver are:

A certificate or alternative is a temporary permit that can be issued if there has been a loss, theft of the license or the driver still has not taken the license after the deprivation.
Registration documents for cars.
OSAGO policy.

The driver must make sure that they are available before he starts moving.

Note! Driving a car without a license is an offense under Art. 12.3.1 of the Code of Administrative Offenses for which punishment 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 .

Getting behind the wheel of a car without a license, if before that the driver was deprived of them for drunk driving, is doubly dangerous.

Having stopped the vehicle, the driver of which was driving without the documents specified in the law, the traffic police inspector will check whether the driver received a certificate. And if during such a check it turns out that he was previously deprived of his rights, then the punishment is completely different. It is established by Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation:

Administrative fine (its amount is 30,000 rubles).
Arrest up to 15 days.
Corrective 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 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 force, strengthening responsibility in the field of 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 drunk driving if the period of deprivation of rights for this violation had not passed.

It provides for the following sanctions:

Fine from 200,000 to 300,000 rubles.
Corrective labor, which will have to be carried out up to 480 hours.
Prohibition to engage in certain activities for three years.
Forced labor that can last up to 2 years.
Imprisonment up to 2 years.

Investigators of the internal affairs department investigate such cases, and district courts consider them (Articles 31,150 of the Code of Criminal Procedure of the Russian Federation).

Thus, a drunk driver at the wheel, while previously deprived of his license for the same violation or refusing to undergo a medical examination, is the 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 additionally be 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 was drawn up, but the rights have 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, which are 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 force, the violator will have a period to appeal to a higher authority (10 days).

Can you drive if you have lost your license? Until the appeal period expires, a potential violator can still drive a car legally.

Note! If the violating driver, before the deprivation order takes effect, re-drives drunk, he will face double punishment.

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 Code of Administrative Offenses. However, the repetition of the violation in this case will not occur, and, consequently, criminal liability will not occur.

Another procedural subtlety should be taken into account. The terms of administrative punishment and deprivation of rights may not coincide, and therefore, when taking away rights after the expiration of the period for which they were withdrawn, it should be remembered that the administrative punishment is still ongoing. Repeated violations within this period will result in criminal liability.

Getting out of this situation is quite simple - in order not to expose yourself to the risk of criminal liability, you should not drive while intoxicated!

Important! The materials of the criminal case must contain a copy of the decision on the imposition of an administrative penalty, which must contain a mark on its entry into force. In addition, information should be contained on the execution of an administrative penalty and whether the statute of limitations was interrupted during its execution (Article 31.9 of the Code of Administrative Offenses).

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. It is better after the full expiration of the sentence and never again drive in this form. All other workarounds are outside the legal field.

There is a category of people who, for some reason, are sure that their vehicle will never be stopped for anything if they drive without a license, and even drunk, and perform this action at their own peril and risk.

Let's assume that the first time you might get lucky, but this does not mean that it will always be so. Below we will tell you about the responsibility that every citizen bears who has sat behind the wheel without a driver's license and in a state of intoxication.

And if there are such drivers among our readers, then maybe this article will make them think before taking such a step.

According to the rules traffic it turns out that if a driver, previously already deprived of his rights, nevertheless got behind the wheel of a car, and even drunk, this is a double violation.

And if in the first case the motorist was deprived of a certificate in court, then a repeated misconduct will already be a particularly serious crime, and the perpetrator will be punished in accordance with the Criminal Code of the Russian Federation.

Having stopped such a driver on the road, the inspector of the State traffic inspectorate must send him for an official examination. If the offender refuses this procedure, this is already considered as an admission of guilt.

The traffic police officer is obliged to send all materials on this case to the court, which will decide on the punishment. What responsibility will the violator bear simply for driving without a license, and what threatens him if he dares to drive while intoxicated?

The article of the Criminal Code of the Russian Federation, in this case, provides for the following types of liability:

The violator will be obliged to pay a fine of 200 to 300 thousand rubles or arrest him within 1-2 years wages, because it is multiplied by the equivalent from 12 to 24, it will be forbidden to hold certain positions and conduct certain types of activities;
Compulsory work up to two years and a ban on certain activities and the inability to hold certain positions;
They can be imprisoned for up to two years and prohibited from holding certain positions and conducting certain types of activities.

So, judging by the types of punishment, driving a car without a driver's license and while intoxicated is a very, very serious offense.

What punishment is provided in 2017 if the driver forgot his driving license at home?

According to the rules of the road, a motorist must present to the inspector the documents requested by him (rights, insurance and STS) upon request.

But it happens that the driver forgot them at home or lost them. In this case, the traffic police officer can issue you a fine of 500 rubles, or it can be limited to a simple warning.

If this happened to you for the first time, you have never violated the rules of the road before, then try to behave adequately with the inspector and maybe you can agree that if you or, perhaps, your relatives bring your documents within half an hour, you will be able to get off a warning instead of a fine.

Penalties for driving without a license

So, the amounts of fines in ascending order according to the severity of the violation:

500 rubles (fixed amount) - issued when the driver can prove that he forgot the documents unintentionally;
5,000 - 15,000 rubles - a fine for lack of rights or expired rights;
30,000 rubles will be the amount of the fine if a driver who was previously deprived of a license was detained, if the driver deliberately did not pay the fine, then its amount is doubled;
a fine in the amount of 200 to 300 thousand rubles - such is the responsibility for driving without a driver's license and while intoxicated.

Driving without a license

Driving a car without a license is considered a serious offense, and a fine can reach up to 15 thousand rubles.

who have never attended a driving school and have not passed examinations in the traffic police, which means they never had a certificate;
who have a driver's license, but they are expired, and this is equivalent to the lack of rights.

In the first case, the violator will suffer a more serious punishment, since the State traffic inspectorate believes that if a citizen has not been trained in a driving school, then most likely he does not know the rules of the road and cannot read the signs.

With overdue rights, the fine may be slightly less, but this is at the discretion of the traffic police officer.

How to prove innocence when drunk driving without a license

Let's move on to the question of what to do if a traffic officer stops you and tries to accuse you of driving while intoxicated?

First things first, never refuse an official examination! Based on Article 12.6 of the Code of Administrative Offenses of the Russian Federation, you will incur the same punishment for refusal as for driving while intoxicated. Even the fact that you are late for something will not help, you will have to postpone your plans.

Of course, you can then go to a narcologist yourself, take tests to detect alcohol in your blood and urine, prove by this that you were in a sober state at the time of detention, you will still pay a fine of 30,000 rubles and you will be deprived of the right to drive a car for a period of 1.5-2 years.

But you shouldn't admit to being drunk either. This is a common trick among traffic police officers, that is, admit it honestly and, so be it, we will not deprive you of your rights, but we will only issue a fine.

Unfortunately, in court you will be deprived of your rights, because the court is guided by the Code of Administrative Offenses of the Russian Federation in making a decision, and the judge simply does not have the right to do otherwise. The only mitigation is the deprivation of rights not for two, but for a year and a half.

If the traffic police officer checked whether you drank or not on the breathalyzer, and the device revealed a violation, and you clearly know that you did not use it, in this case, insist on an official examination yourself. Any technique can sometimes fail, while laboratory analysis is almost always 100% correct.

An employee of the State Inspectorate who stopped you on the road has every right to be suspicious of your condition in some cases.

The examination rules, approved by Decree of the Government of the Russian Federation of June 26, 2008 No. 475, describe several criteria for the state of alcohol intoxication of a driver:

Appropriate odor on exhalation;
Signs of inappropriate behavior;
incoherent speech;
Red complexion;
Unstable posture.

In the event that you do not have any of the above signs, then the police officer cannot make any claims against you. You can also bring your passengers as witnesses if you are carrying someone.

When resorting to the procedure for checking your breath on a breathalyzer, the inspector must observe the following rules:

Familiarize the driver with the procedure, show the tester, and specifically that it is sealed and the brand is not damaged, show the corresponding entry in the documents for the tester that the device has been tested and is working properly;
Take a sample;
Draw up an examination report, to which it is necessary to attach the data printed by the breathalyzer on paper. When the device does not issue paper with information about the results, then these data should not be attached and entered into the act;
In the drawn up documents, the traffic police officer, witnesses, as well as the person being examined put their signatures.

If you begin to doubt the correct operation of the breathalyzer or the unbiased attitude of the traffic police officer, then you have the right to refuse a breath test.

Then the inspector should still remove you from driving and send you to a narcologist. We remind you that it is better not to refuse this examination procedure.

An important point is that the inspectors are obliged to take you to the doctor and bring you back, since even a theoretically drunk, in their opinion, driver, they do not have the right to allow you to travel in your car.

The certificate of inspection is drawn up in medical institution by a narcologist in three copies, one of which remains with him, the second is transferred to a police officer, and the third will already be yours.

Driver examination is carried out in one of the following ways:

One of the most precise methods- a blood test, but it takes time;
Take urine for analysis. But it should be remembered that since alcohol accumulates in the bladder and is excreted through the kidneys, its concentration in the urine may be higher than in the blood. But this will be seen if we count the ppm to every tenth;
Hair analysis. Used if there is a suspicion that the detainee has used drugs. Traces of such substances from the blood and urine disappear much faster than from the hair. They accumulate and can stay there for up to several days. But because of its complexity, this method is not carried out by all medical institutions;
The Ministry of Health allows the use of other methods.

In the event that your case went to court and the verdict was not in your favor, then the decision can be appealed. But this must be done within ten days.

You can do it yourself, but since the case is quite complex, it is best to enlist the help of qualified lawyers who deal with such matters.