Deprivation of a driver’s Learners License is a “painful” procedure for every motorist. But what if you have already been deprived of your license, in your opinion, is not legal? The first thing to do is to appeal against the court decision. Of course, it makes no sense to appeal against a decision that is absolutely legal, without proof to the contrary. However, if you are convinced that the deprivation of the license is not legal, and there is also concrete evidence of this, then you should fight for the return of your driver’s license.
It is worth noting that appealing against the very fact of the offence often does not give the desired result in the form of cancellation of the deprivation of driving license. It is more effective to appeal against procedural violations on the part of traffic police officers, for example, about their failure to comply with the procedure for drawing up a traffic accident report.
As practice shows, in such cases the percentage of satisfaction of a complaint with such motivation increases significantly.
What do I need to consider when filing a complaint?
The first thing you need to remember is the period within which you can appeal against the decision. It is 10 days from the date of delivery or receipt of a copy of the decision. Before this period expires, you must prepare an appeal and send it to the court. If this term was missed for a good reason, for example, because of illness, work in another city, etc., the term can be resumed by filing a petition to the court.
The complaint must be forwarded to a higher court. So, if the decision on deprivation of the right of driving a vehicle has accepted a magistrate’s court, the complaint will be considered by the district court of the same area of the same settlement.
However, the complaint must first be sent to the court of first instance, i.e. the court that directly issued the order. After checking the complaint for compliance with all the requirements of the law within three days from the date of receipt, the court of first instance will send it to a higher court, which will consider it on the merits.
An appeal against an administrative offence order is not subject to state duty.
After the complaint is received by the district court, it is subject to examination within two months from the date of its receipt. A hearing will be scheduled to consider the complaint, to which it will be necessary to appear, state all the arguments and provide all the evidence that excludes your guilt in the offence committed.
After examining all the arguments and evidence submitted, the court will make one of the following decisions
(1) The previous ruling will remain unchanged;
(2) it shall amend the earlier ruling, unless the penalty for the offence committed is increased;
3) annul the decision of the court of first instance and terminate the proceedings;
4) annul the decision and return it to the court of first instance for a new hearing, for example, if the court of second instance finds that the administrative punishment of the court of first instance was insufficient.
The third option is, of course, the most desirable, but if the complaint is not satisfied, do not stop there. The decision of the court of second instance can also be appealed. If you are sure that the truth is on your side, do not agree with the opinion of the court, prove your innocence, appeal the decision of the court.
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