Driving licence suspension cases

What is happening

The driver was stopped and asked to use a breathalyser, the reading looked wrong, he recorded his disagreement in the report, yet was never sent for a medical examination. Or the reverse: he refused the medical examination without realising that refusal is a separate offence carrying the same penalty.

Crossing into the oncoming lane when the driver believes there was no choice: going round an obstacle, road markings hidden under snow, a sign put up incorrectly. The road diagram, the sign layout and video recordings become decisive.

For a business this is not just an employee's personal problem. When a delivery driver or a director who drives to meetings loses their licence, the company needs to know how long it will be without that driver and what can be done at the court stage.

What the law says

• Only a court can suspend a driving licence; in most such cases it is the magistrate for the place where the offence occurred. The driver may apply to have the case heard where he or she lives.
• The most common offences under the Code of Administrative Offences are driving under the influence (Article 12.8), refusing a medical examination (Article 12.26), crossing into oncoming traffic, leaving the scene of an accident, and serious speeding.
• Removal from driving, breath testing and referral for a medical examination must take place in the presence of two attesting witnesses or be video-recorded. A breach of this procedure is a ground for challenging the admissibility of the evidence.
• The magistrate's decision can be appealed to the district court within ten days of service or receipt of the copy, and then by way of cassation.
• Once the decision takes effect, the licence must be surrendered to the traffic police within three working days. If it is not, the suspension period is interrupted and runs only from the day the licence is surrendered or seized.
• At the end of the period the licence is returned after a test of knowledge of the traffic rules, and in drink-driving and refusal cases also after a medical examination.

What we do

• We study the reports, the test record and printout, the calibration details of the device and the video recordings.
• We request missing materials from the traffic police and the medical facility: camera footage, calibration documents, logs.
• We check whether procedure was followed: grounds for the stop and the test, attesting witnesses or video, explanation of the driver's rights.
• We prepare a written position and applications: to obtain evidence, to summon the officers and witnesses, to transfer the case to the driver's home court.
• We represent the driver before the magistrate and appeal the decision to the district court and in cassation.
• We explain how to surrender the licence, how the period is counted and how to get the licence back, so that formalities do not extend the suspension.

What we will need from you

• Copies of the reports and records handed over at the scene, and the court summons or notice.
• A detailed account of what happened: time, place, who was there, what was said and what was signed.
• Photos and video from the scene, dashcam footage, witnesses' contact details.
• Medical documents, if the driver was taking medication or had an independent examination immediately after being stopped.
• Details of earlier traffic offences that may affect how the case is classified and the penalty.
• A power of attorney for the defence representative.