Court decision to revoke a driver’s license

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.

Friends! My team and I are making three free e-newspapers. Right now you can subscribe to these newsletters.

To do this, tick the boxes for the e-newspapers you wish to receive, enter your e-mail address and click the Subscribe button in the special subscription form.

After that, you will regularly receive important and very useful advice about new legal developments, how to assert your rights and how to protect your business. One of the mailing lists is dedicated to recommendations and advice for beginners and practicing lawyers, which will help them to become true professionals in their field.

“Business as Law” or “Legitimate Business” mailing list.”

The name of the electronic newspaper “Business as Law” or “Legal Business” speaks for itself. This newsletter will be extremely useful for business owners, as well as for those who are just planning to become them, managers of middle and senior levels, human resources, chief accountants, in-house lawyers and heads of law firms. In each issue of this newsletter you will find useful materials on how to set up a business, manage employees, improve the efficiency of the firm and so on.

Newsletter “Lawyer to himself”

The electronic newspaper “The Lawyer Himself” is devoted to the topic of human rights and freedoms. In each issue of the newsletter you will find a lot of useful information about what each person should know about their rights, as well as how to defend their rights independently, without resorting to the help of lawyers.

Newsletter “Lawyer is my calling!

From the electronic newspaper “Lawyer – my calling! You will learn how to become a true professional in the shortest possible time.

Leave a Reply