Restitution of rights after their deprivation

Bringing people to administrative responsibility is not uncommon in our time, because the Code of Ukraine on Administrative Offenses contains many articles that entail various sanctions, such as the imposition of a fine, the application of administrative arrest, or the withdrawal of a driver’s license from a citizen, etc.

And therefore, in practice, quite often there are situations where the driver of a vehicle violates traffic rules, creates an emergency situation or even an accident, and as a result, he is restricted in the right to drive cars for a certain period.

In such situations, the question arises, how to return a driver’s license after it has been revoked?

Lawyers from the “Prikhodko and Partners” law office will provide an answer to this problem.

When can a person be deprived of a driver’s license?

From the analysis of the provisions of the Criminal Procedure Code, it can be seen that there are various articles, in which a person can be subject to both the main and additional penalty in the form of deprivation of a special right to drive cars, namely:

• Part 4 of Art. 121 of the Code of Ukraine on Administrative Offenses – if a person is repeatedly held administratively liable during the year for driving a car that has technical malfunctions with the braking system, steering, traction-coupling device, both internal and external lighting devices (especially in the dark) and other defects, which make it impossible to use the vehicle;
• Part 9 of Art. 121 of the Code of Ukraine on Administrative Offenses – repeated violation by the driver of the car within one year of the provisions established by the Customs Code (for example, the terms of temporary importation of the vehicle have expired, and the driver has not cleared the car through customs);
• Part 3 of Art. 121-3 of the Code of Ukraine on Administrative Offenses – if a person repeatedly drives a car during the year in violation of the requirements for the use of license plates (they were illegally installed by the Armed Forces, National Guard, National Police, State Border Service, etc.);
• Part 5 of Art. 122 of the Code of Ukraine on Administrative Offenses – if a person exceeds the established speed limits of cars on the corresponding section of the road by more than 20 km per hour, or violates the requirements of road signs or markings of the carriageway of roads, stops, parking lots, crossing pedestrian crossings and, at the same time, created an emergency situation ( for example, by his actions, the person forced other road users to change the speed or direction of movement, etc.);
• Part 1 of Art. 122-2 of the Code of Ukraine on Administrative Offenses – if the car driver did not stop at the request of the National Police, and the driver of the military vehicle – at the request of the military traffic safety inspection;
• 122-4 of the Code of Ukraine on Administrative Offenses – if the driver of the car left the scene of the accident in which he was involved;
• Part 2 of Art. 123 of the Code of Ukraine on Administrative Offenses – if the driver of the car drove to the railway crossing when traffic was prohibited there;
• Part 3 of Art. 123 of the Code of Ukraine on Administrative Offenses – the same actions that were taken during the provision of services for the transportation of passengers or particularly dangerous goods;
• 124 of the Code of Ukraine on Administrative Offenses – if the driver of the car violated the traffic rules established by the law and at the same time caused damage to other vehicles, cargo, roads, streets, or railway crossings;
• Part 2 of Art. 126 of the Code of Ukraine on Administrative Offenses – if the car is driven by a person who does not have the right to drive such a vehicle;
• Part 3 of Art. 126 of the Code of Ukraine on Administrative Offenses – a temporary restriction on the right to drive vehicles is established for the driver of the car;
• Part 5 of Art. 126 of Code of Ukraine on Administrative Offenses – repetition of these offenses provided for in Art. 126 of the Code of Administrative Offenses;
• 130 of the Code of Ukraine on Administrative Offenses – if a person was driving a car under the influence of alcohol or drugs, or under the influence of other drugs that prevent him from driving a vehicle, or handing over a car to such a person, or refusing to undergo a medical examination to detect these conditions.

How to return rights after their deprivation?

To return a driver’s license to a citizen after the termination of the suspension, an emergency medical examination is required.

After that, the person also needs to re-compile the theoretical and practical exams for obtaining a driver’s license at territorial service centers of the Ministry of Internal Affairs.

If the exams are successfully passed, the person receives his driver’s license “in his hands” and has the right to drive vehicles again.

If you want to return your rights after their deprivation, in this case contact the Pryhodko and Partners law office.

The company’s lawyers perfectly understand the specifics of this issue, and therefore are always ready to help the company’s clients successfully return a revoked driver’s license. Do not delay and come to us for a consultation!