During this period, the driver has the legal right to continue driving his car. However, if the appeal is rejected and the decision of the first instance court remains in force, then the punishment, such as deprivation of rights, will begin to take effect immediately.
According to paragraph 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, the person punished must, within three days after the court decision comes into force, voluntarily and independently surrender his driver’s license to the local traffic police department. The driver may choose not to comply with this requirement, however, in this case, the period of deprivation will be automatically extended, starting from the moment the license is handed over to the traffic police, writes SPEEDME.RU.
In addition, in a number of situations established in Article 27.12 of the Administrative Code, the State Traffic Inspectorate inspector has the right to temporarily suspend the driver from driving his car. A driver's license suspension is different from a driver's license suspension because it is a short-term restriction of the right to drive a car. Removal may occur in certain cases, such as the driver's lack of registration documents for the car, faults identified in the brake system, steering and clutch, as well as driving a car without an appropriate driver's license or in the event that the driver deprived of such rights. Suspension can also be applied if the driver was caught driving while under the influence of alcohol or drugs.
It is important to note that the traffic police inspector has the right to decide to remove the driver from driving a car on the spot and to draw up a protocol on this action in the presence of two witnesses or to record the entire process on video. The driver also has the right to refuse to sign the protocol on suspension, and this will also be recorded in the document. During the period of suspension due to technical faults, the car may be sent to the impound lot and remain there until the specified faults are eliminated. It is important to note that this temporary restriction applies to both the driver and the car itself.
If the suspension from driving a car occurred due to driving under the influence of alcohol or drugs, the driver must be sent for a medical examination. In this case, the traffic police officer draws up a protocol in which he indicates the grounds for suspension.
To protect yourself from unlawful actions of traffic police officers when removing you from driving a car, the driver should remember several rules. If he needs to undergo a blood alcohol test, he has the right to request that this action be performed in a medical facility. Also, a driver who forgot his driver’s license at home can call relatives and ask them to bring documents. In addition, the motorist has the right to provide his version of what happened and give his explanations when drawing up a protocol on suspension.
