Return of driver’s license after Article 130 of the Code of Ukraine on Administrative Offenses

The provisions of the traffic rules prohibit citizens from driving cars while under the influence of drugs or alcohol.

If the driver of the vehicle does not comply with this duty in practice, he may be held administratively liable under Art. 130 of the Code of Ukraine on Administrative Offenses.

The sanction of the specified article provides for deprivation of the right to drive cars for a period of 1 to 10 years.

And therefore the question arises as to how to return the revoked rights after the application of the provisions of Art. 130 of the Code of Ukraine on Administrative Offenses and bringing a person to justice?

The answer to this problem will be provided by lawyers from the law firm “Prikhodko and Partners”.

What are the legal features of bringing a person to justice under Art. 130 of the Code of Ukraine on Administrative Offenses?

 If a person drives a car while intoxicated or under the influence of drugs, a report on the commission of an administrative offense under Art. 130 of the Code of Ukraine on Administrative Offenses. Employees of the National Police are the authorized persons to draw up the protocol.

The protocol must be drawn up within 24 hours after the commission of the offense in two copies, one of which must remain with the accused citizen.

In addition, the employees of the bodies The national police revoke a citizen’s license and issue him a temporary driver’s license for a period of 3 months.

Then the compiled protocol is submitted to the court, where the latter must make a decision to prosecute the person and deprive him of the right to drive cars for a certain period based on the available evidence in the case, or close the proceedings if the person’s guilt is not proven.

If the proceedings are closed, the citizen has the right to demand the return of his driver’s license by the employees of the National Police.

Importantly! If the case under Art. 130 of the Code of Ukraine on Administrative Offenses is considered for more than 3 months and the citizen’s temporary driver’s license has expired, then he has the right to apply for an extension of its validity for another 3 months.

How is it possible to return rights after Art. 130 of the Code of Ukraine on Administrative Offenses?

Citizens who were prosecuted under Art. 130 of the Code of Ukraine on Administrative Offenses, in order to obtain a revoked driver’s license, individuals must undergo a medical examination confirming the person’s ability to drive vehicles, as well as pass a theoretical and practical exam at territorial service centers of the Ministry of Internal Affairs.

After providing the relevant certificate and successfully passing the exams, the driver’s license is returned to the citizen by an authorized representative of the service center of the Ministry of Internal Affairs.

If the driver of the vehicle received the license for the first time for a period of two years and was arrested for liability under Art. 130 of the Criminal Procedure Code, then in such circumstances the driver’s license is not returned, as it is subject to destruction.

Therefore, in order to renew the rights, a person will need to undergo retraining at an appropriate educational institution and renew his knowledge of driving vehicles, as well as pass theoretical and practical exams. After successfully completing them, the citizen receives new rights for a period of 2 years.

What documents are required to return rights after Art. 130 of the Code of Ukraine on Administrative Offenses?

• Identity documents (for example, a passport of a citizen of Ukraine, an ID card submitted together with a certificate of residence, a passport for traveling outside the territory of Ukraine, a temporary refugee card, etc.);
• RNOCPP;
• A medical certificate showing the citizen’s fitness to drive cars;
• A copy of the receipt for payment of services at the service center of the Ministry of Internal Affairs.

Independent return of rights after bringing a person to justice under Art. 130 of the Code of Ukraine on Administrative Offenses is a rather difficult task to solve without receiving help from another person’s and therefore, in such cases, you should contact the law firm “Prikhodko and Partners” for proper legal support.

The firm’s lawyers have many years of experience and practical knowledge in the field of administrative law, which allows not only to successfully return rights after their withdrawal, but also to effectively protect the interests of our clients in any similar issues.

In addition, we always work to achieve only the desired result in the case. In order to contact our lawyers, fill out the form below.