Will my driver s license be revoked immediately after being released on bail?

Release on bail pending further investigation has nothing to do with the revocation of the driver's license, and whether the driver's license will be cancelled depends on whether the parties have the circumstances stipulated in the "Regulations on the Application and Use of Motor Vehicle Driver's Licenses".

According to Article 42 of the Regulations on the Application and Use of Motor Vehicle Driver's License: If a motor vehicle driver has any of the following circumstances, the vehicle management office shall cancel his motor vehicle driver's license:

a) Deceased;

2) The physical condition is not suitable for driving a motor vehicle;

3) Submit an application for cancellation;

4) Loss of capacity for civil conduct, and the guardian submits an application for cancellation;

5) The motor vehicle driver's license has not been renewed for more than one year after the validity period of the license;

6) Those who are over 60 years old or hold large buses, tractors, city buses, medium-sized buses, large trucks, trolleybuses, or trams, and have not submitted a certificate of physical condition within one year after the end of a demerit period;

7) Those who are over 60 years old and hold a motor vehicle driver's license that only has a trolleybus or tram quasi-driving type, or who are over 70 years old and hold a motor vehicle driver's license that only has a low-speed truck, three-wheeled vehicle, or wheeled self-propelled mechanical vehicle quasi-driving type;

8) The motor vehicle driver's license has been revoked in accordance with law or the driver's license has been revoked in accordance with law.

In any of the circumstances in items (5) to (8), if the motor vehicle driver's license is not withdrawn, the motor vehicle driver's license shall be declared invalid.

If there is no traffic accident, it is fortunate that the driver's license is revoked, which generally does not affect the investigation and punishment of criminal cases and does not increase the punishment.

1. Is the driver's license revoked for bail pending trial?

1. The driver's license released on bail pending trial will generally not be revoked. If the suspect has already been sentenced, the driver's license may be revoked, and in the case of a traffic accident, the person concerned needs to be held criminally responsible, and if he escapes after a traffic accident, the traffic management department of the public security organ can revoke the driver's license.

2. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China.

Requirements and Enforcement for Release on Guarantee Pending Investigation] The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

2. What are the steps for handling release on bail pending further investigation?

1. Application. A criminal suspect in custody has the right to apply for release on bail pending further investigation;

2. After receiving an application for release on guarantee pending further investigation, the public security organs, people's procuratorates, and people's courts shall give a reply within 7 days of whether they agree or not;

3. Execution. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Trial" to the criminal suspect or defendant.

Legal analysis: release on bail pending trial has nothing to do with the revocation of the driver's license, and whether the driver's license will be cancelled depends on whether the parties have the circumstances stipulated in the "Regulations on the Application and Use of Motor Vehicle Driver's Licenses".

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

If a major traffic accident occurs, it constitutes the crime of causing a traffic accident, and criminal responsibility must be investigated and the driver's license revoked, which has nothing to do with release on bail pending trial.

See: Article 101 of the Road Traffic Safety Law If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, and a crime is constituted, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

In a traffic accident, the driver's license for the crime of traffic accident must be revoked.

Traffic accident crimes, now released on bail pending trial, as long as the court finds guilty, the driver's license will be revoked.

This is clearly stipulated in the Road Traffic Safety Law.

Bail pending trial is a matter of criminal liability, and it is not a legal relationship with the revocation of a driver's license. In accordance with the relevant provisions, the driver's license shall be revoked.

If you escape, your driver's license will be cancelled and you will be held responsible.

The driver's license will be deducted, and there are generally no points, and you need to take the test again!

Legal analysis: There is no relationship between release on bail pending trial and revocation of driver's license, bail pending trial is a common compulsory measure in criminal cases, while revocation of driver's license is an administrative punishment, and the applicable conditions and legal basis of the two are completely different.

Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China Anyone who drives a motor vehicle after drinking alcohol in items 1 to 4 shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall make an appointment to accompany him until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for five days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years. Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.