The nuances of prison license

The moment of entry into force of a court order. Until that time, the driver is not considered to be deprived of rights. A temporary permit he still must pass the traffic police. This is the essence of the new clarifications that the Department of Road Safety in the Russian Interior Ministry sent out a regional divisions.
Deprivation of rights, but not an arrest
Basically we are talking about st.12.8 Part 3 of the Code of Administrative Offences (CAO). This article provides responsibility for driving while intoxicated driver who has no rights or has been deprived of them. The responsibility for this - up to 15 days in jail. It is noteworthy that there were occasions when drivers come across while driving drunk and with a temporary permit issued in exchange for a period of human trials for another violation.

But still the cause of prison term had not yet entered into force. And the inspectors and their delivery to plant a judge tried to mount the driver to jail. The new gaishnyh explanation clearly states that when considering such cases must be considered, whether the decision entered on the previous disturbance in the force or not. It does not matter that it was a violation - check out the oncoming lane, speeding over 60 km / h or booze behind the wheel. If it is not yet in force, the new violation shall be qualified to Part 1 of the same st.12.8 CAO. That is, deprivation of rights should be half to two years. In this period of deprivation should be considered from the date of expiry of the previous penalty of deprivation. Recall that the trial court's decision takes effect immediately, but only after ten days, which are given on the appeal. A court decision on appeal shall become effective upon its issuance. Therefore, there were similar incidents. It would seem that the court is deprived of human driver, for example, for drunkenness, he got drunk with grief, and again got behind the wheel. However, rights-it would lose only 10 days, but for now at least he got drunk and then driving, but not yet considered to be deprived of their driving documents. For that he can add a period of deprivation, but have no right to arrest. If the driver drives a car while drunk, to which he has no rights to the admission, but he opened the other category, then he, in addition to deprivation of rights, threatens to fine and 2,500 rubles. Part 1 of st.12.7 CAO, but not arrested.
What to do with time?
We should also tell you about the duration of temporary permits, and whether they take. There are two types of temporary permits. The first is issued for a term to replace the lost check, the second - instead of a detainee at the time of the proceedings. Accordingly, in the first case, the traffic police who detained the driver for the violation, which provides for the withdrawal, shall withdraw a temporary permit. In the second case - no. But after the court decision came into force, a man better to pass this resolution. Otherwise, the prison term shall be calculated exactly from the moment of delivery of the interim document. Moreover, if he did not surrender, and came into force after the court decision and will fall into the hands of the inspector, he will already be at risk of responsibility for the control of the car after the deprivation of rights. This arrest of up to 15 days. However, if a person has not withdrawn the inspector law, and moreover, if the entry into force of the court the traffic police during the year did not make any attempts to withdraw, the decision on deprivation of rights can not be executed due to the lapse of time.