What should I do if I am detained for driving without a license and causing a traffic accident that

Driving without a license shall be punished according to the following provisions, depending on the severity of the specific circumstances:

1. Penalties for driving without a license in the new traffic law: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.

For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.

a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time;

b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time;

c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances.

2. Penalties for driving without a license.

Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.

According to Article 133 of the Criminal Law of the People's Republic of China, whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Even if you are fully responsible for driving a motorcycle, the consequences of causing minor injuries to one person do not constitute the crime of causing a traffic accident.

I wonder what the reason for the police to detain the perpetrator is? Traffic Accident or Intentional Injury?

Judging from your statement, the whole process looks like the police are asking for money for the other party, and the procedure and implementation process should be improper or even illegal.

As for the letter of understanding you mentioned, I wonder what its specific content is?

Legal analysis: Anyone who drives a motor vehicle while intoxicated without a license and causes minor injuries shall be sentenced to criminal detention and a fine. According to the laws and regulations of the People's Republic of China, whoever violates the laws and regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Article 19 of the Road Traffic Safety Law of the People's Republic of China Driving a motor vehicle shall obtain a motor vehicle driver's license in accordance with the law. To apply for a motor vehicle driver's license, you shall meet the driving permit conditions stipulated by the public security department; After passing the examination, the traffic management department of the public security organ will issue a motor vehicle driver's license of the corresponding category. A person who holds a foreign motor vehicle driver's license, meets the driving permit conditions stipulated by the public security department, and passes the assessment of Zheng Zudou by the traffic management department of the public security organ, can be issued a motor vehicle driver's license in China.

The driver shall drive the motor vehicle in accordance with the permitted driving type indicated on the driver's license; When driving a motor vehicle, you should carry a motor vehicle driving license with you. No unit or individual other than the traffic management department of the public security organ shall confiscate or detain the driver's license of the motor vehicle.

Legal analysis: Driving without a license causing minor injuries can be sentenced, and those who flee after a traffic accident or have other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. The so-called "other particularly heinous circumstances" refer to:

1) Two or more people are killed or five or more people are seriously injured, and the person bears full or primary responsibility for the accident; (2) If there are six or more deaths, the person bears equal responsibility for the accident; (3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 600,000 yuan. 2. Where a stupid person dies as a result of a traffic hit-and-run, he shall be sentenced to fixed-term imprisonment of not less than 7 years. "Death due to a traffic hit-and-run" refers to a situation in which the perpetrator flees after a traffic accident to avoid legal prosecution, resulting in the victim's death due to lack of assistance.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China: Whoever commits the crime of causing a traffic accident violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met: (1) one person dies or three or more people are seriously injured, and the person bears full or primary responsibility for the accident; (2) Where three or more people are killed, they bear equal responsibility for the accident; (3) Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate.

According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime; (4) Serious injury to one or more persons caused by a traffic accident, bearing full or primary responsibility for the accident, and having one of the following circumstances: a. Driving a motor vehicle after drinking or taking drugs; b. Driving a motor vehicle without driving qualifications; c. Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components; d. Knowingly driving a motor vehicle without a license or scrapped; e. Driving with serious overload; f. Fleeing the scene of an accident in order to evade legal prosecution. Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, during the period when the motor vehicle driver's license has been revoked or suspended, or who hands over the motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for 15 days.

1. How to deal with minor injuries caused by driving without a license.

1. If driving without a license causes minor injuries and does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days. At the same time, for the personal injury caused, compensation shall be made for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and food subsidies for hospitalized workers, as well as expenses such as income and other expenses lost due to lost work.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2. What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. Refers to the major transportation safety that is protected. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly engaged in transportation such as demolition personnel. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has a mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Legal analysis: For compensation for personal injuries caused by traffic accidents, according to the Judicial Yuanyuanpai Interpretation of the Supreme Court in the Trial of Personal Injury Compensation Cases, the compensation right holder must file a lawsuit with the court within one year of the accident to require the compensation obligor to bear the personal injury compensation. Because the statute of limitations is only one year, if the statute of limitations is exceeded, if the defendant asserts the defense of the statute of limitations, the law will not support it, and the right to win the lawsuit will be lost

You can go to the forensic appraisal institution for the disability level appraisal, and the injured person needs to bring a copy of the ID card, medical records, **, etc.

Legal basis: Criminal Law of the People's Republic of China, Article 234 Tang Chang who intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation. Responsibility is carried out according to the proportion of the division of responsibilities of the traffic police force. If you have insurance, contact the insurance company as soon as possible.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Liability: Driving without a license does not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle will be denied, and all the losses that should be borne shall be borne by the driver himself. And after the unlicensed driver is investigated and comes out, the traffic police will punish according to the specific responsibility.

Generally, the items that need to be compensated include medical expenses, nursing expenses, lost work expenses, etc., and it is necessary to see the results of the other party's examination after going to the hospital.

Administrative punishment: The public security bureau shall impose a fine of between 200 and 2,000 yuan, and may be detained for up to 15 days.