Return of the driver’s certificate / driver’s license.
In the law it is told, that the person, who is deprived of the right of vehicle driving, inland water transport or the right to hunt or be engaged in fishing, during deprivation of the right didn’t make legal violation, authorities, which assigned punishment (official), at the request of the person, can, when at least a half of the designated time will pass, and when person is deprived of such right, because the person committed a crime in an alcohol intoxication or under the influence of drugs, medicines or other dopy substances, and also received from authorized by the Government to carry out medical and educational validation institutions certification, to reduce the term of deprivation of the specified right.
In practice of courts it is noted, that the institution, which assigned punishment can, but isn’t obliged to reduce punishment – the term of deprivation of the driving right, evaluating by the law determined indispensable conditions and other circumstances, important for administrative responsibility. At making decision on possibility of reduction of term of deprivation of the special right, it is necessary to estimate, if purposes of administrative punishment will be reached.
It should be noted, that one of the most dangerous administrative offenses – driving in an alcohol intoxication, which jeopardized not only driver’s life and health, but also life and health of other participants of traffic. It is important to know also, that the work of the person, brought to administrative responsibility, related to need to drive vehicles, is recognized as special circumstance, which has to lead to application of exclusively soft punishment and doesn’t provide any considerable priority, considering the easing of administrative responsibility.
Administrative penalties seek to reach both punishment, and the preventive purposes. It is necessary to emphasize, that the law raises interest of the public above, applying preventive measures and punishment of the criminal, it seeks to provide perfect compliance with legal acts, but not the personal interest to avoid negative consequences, inconveniences, related to committed offense of person, who committed a crime.
The Lithuanian Supreme administrative court in administrative court case No. N4-2128/2006 emphasized, that solving about possibility of reduction of term of deprivation of the special right, it is also necessary to estimate, if the approved purposes of administrative punishments in LR, the Code of Administrative Offences, in the 20th article will be reached.
The purposes of administrative punishments, defined in LR, the Code of Administrative Offences, in the 20th article:
Administrative punishment is a measure of responsibility, which is assigned to persons, who made an administrative offense in order to punish and educate them, that they would comply with laws, would respect rules of joint life, and also that both the offender, and other persons wouldn’t commit new crimes.
The Lithuanian Supreme administrative court in the resolution 02.08.2007 No. N18-1003/2007 emphasized, that evaluating circumstances of violation, it is necessary to take into account danger of violations of such character, the abundance of transport incidents and their destructive consequences and assignment only of symbolical punishment can’t create conditions for achievement of the goals of application of punishment.
IT IS IMPORTANT TO KNOW:
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- You can ask to return right for driving only, when passes, at least, a half of the assigned time;
- You during this period didn’t make other legal violation;
- When the right for driving was limited within more, than 1 year, appealing to court, the certificate of the repeated examinations from public institution “Regitra” isn’t necessary.
- If you made legal violation in an alcohol intoxication or under the influence of drugs, medicines or other dopy substances, certification is necessary from authorized by the Government to carry out medical and educational validation institutions. It is necessary to listen compulsory educational courses of 4 academic hours about harm of alcohol and drugs to health of the person.
It is necessary to provide to the court all proofs and arguments, in order not to doubt in an effort of offender in the future to follow laws and to respect rules of joint life. It is necessary to convince court, that the offender has already improved, the assigned penalties, execution of which is unfinished – deprivation of the right for driving of vehicles – already has achieved goals.
If the request isn’t met, there is an opportunity the court’s decision within 20 days to appeal in court of the highest authority.
Court of appeal instance, having checked the being proofs in case, if it was evaluated correctly by court of the first instance. The court checks legality and validity of the adopted resolution.