Currently, deprivation of rights is a frequent punishment for a car owner for a fairly large list of possible violations. Only the court considers the possibility of applying such a measure of punishment, but its decisions can also be challenged.
Instructions
Step 1
Deprivation of rights is a court decision issued in a separate order, which specifies the deprivation of a specific person of the right to drive a vehicle for a specified period.
Step 2
To appeal the decision, within 10 days from the date of receipt, contact a higher court. To do this, you need to take care of a narrow specialization lawyer who deals with such problems. Conventional consultations are unlikely to be able to help in such a matter. If the established period of time has expired, then the lawyer can appeal against the deprivation of rights in connection with the presence of various procedural errors and inaccuracies in the case.
Step 3
To do this, request a case on deprivation of your right to drive a vehicle, make a photocopy of the available materials and carefully study them. Often, in such cases, upon detailed examination, you can find a lot of shortcomings, when identifying which you need to prepare an idea of the presence of procedural errors with legal support.
Step 4
So, the traffic police inspector who drew up the protocol on the fact of the violation could be mistaken in the name of the scene or the names of its participants. If the rights were deprived for the presence of alcohol in the blood, the file must contain data on the technical malfunction of the device used and its quality certificate, periodic checks of the measuring equipment. If there is no such data, we can talk about a malfunction of the device and, as a result, about an unreliable determination of the state of intoxication. It is possible to declare the illegal actions of the traffic police officer - however, this must be confirmed by photo, video filming, testimony of witnesses. There should not be any blots, crossings, etc. in the case.
Step 5
If a higher court, on the basis of violations in the case, cancels the decision, the rights will be returned. However, in any case, filing a complaint does not suspend the order, therefore, it will be possible to drive a vehicle only with a positive court decision on the return of the document.
