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The person who is drunk driving will bear criminal liability, and if the person has committed unlicensed drunk driving, the punishment will be further increased. In addition to criminal penalties, the person who drives drunk without a license will not be able to obtain a driver's license for five years, and these violations will be recorded by the public security organs and the traffic department. So how long does it take for an unlicensed drunk motorcycle to expel the file?
Let's find out.
1. How long does it take for an unlicensed drunk motorcycle to be erased?
Cases of violations that have been handled and documented will never be erased. At the same time, drunk driving will involve illegal activities, and these records cannot be eliminated by the public security organs. It takes five years to apply for a driver's license after dealing with unlicensed and drunk motorcycles, and if the motor vehicle driver's license has been revoked for less than five years after driving a motor vehicle while drunk in Item 5 of Article 13 of the "Regulations on the Application and Use of Motor Vehicle Driver's License", the motor vehicle driver's license shall not be applied.
Drunk driving can be specifically divided into driving after drinking and driving after drinking, the driver's blood alcohol content is greater than or equal to 20mg 100ml, less than 80mg 100ml is drunk driving. A driver's blood alcohol content greater than or equal to 80mg 100ml is drunk driving.
As long as the driver is drunk driving, the traffic police will be investigated and punished will be recorded, if it is drunk driving, the circumstances are slight, the information will not be kept for a long time, but in the traffic police information platform will record its illegal acts for life, if drunk driving again, it will be detained by the traffic police for less than 10 days, and fined more than 1000 yuan and less than 2000 yuan, revoke the motor vehicle driver's license, and shall not reapply for a motor vehicle driver's license within 2 years.
In addition to revoking the driver's license of the motor vehicle, according to Article 133 of the Criminal Law, a person who drives a motor vehicle while intoxicated shall be sentenced to criminal detention and a fine. Then the record of the driver's drinking and driving in the personal file will be kept for a long time and cannot be erased.
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How long does it take for a drunk driving file to be expunged.
If the circumstances are serious and constitute drunk driving, it is a dangerous driving crime, a criminal offense, and the dossier cannot be eliminated.
Article 175 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs: Where, after accepting a case, a public security organ finds upon review that there are facts of a crime that require criminal responsibility and that it is within its own jurisdiction, it is to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.
In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a notice not to file the case and serve it on the accuser within 3 days.
Article 133-1 of the Criminal Law [Crime of Dangerous Driving] Whoever drives a motor vehicle on a road in any of the following circumstances is 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.
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Forever kept, kept under your identity. It will be used as a file for the next illegal investigation. Traffic police advise drinking alcohol and not driving. Hope it helps.
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Drunk driving penalties, the file is lifelong, and it does not exist to be kept for several years.
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The increase in driving is a 6-year trial, according to the annual review time shown on the license, it is best to be in the month of the annual review, do not exceed the time limit, otherwise it is very troublesome.
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1. Will driving a motorcycle without a license be recorded in the file?
1. Motorcycles driving without a license will not be recorded in the file. If driving a motorcycle without a license generally does not constitute a crime, the traffic management department of the public security organ will only carry out administrative punishment, and there will be a record of administrative punishment, but it will not be recorded in the file, let alone have a criminal record.
2. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China.
Any of the following acts 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:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% of the speed limit;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
2. What is the punishment process for driving without a license?
1. After the public security organ has made a decision on the punishment of public security detention and informed the detainee, if the detainee does not apply for reconsideration, he shall be limited to the designated detention center within 24 hours to accept the punishment and deliver the Notice of Enforcement of Detention to the detainee;
2. Where the detained person or his family members are able to find a guarantor or pay a guarantee deposit in accordance with regulations, the enforcement of the original ruling shall be suspended during the period of appeal and chain litigation. When the award is revoked or enforcement begins, the deposit shall be refunded in accordance with the regulations.
Driving a motor vehicle without a license will result in a fine of not less than 200 yuan but not more than 2,000 yuan by the traffic management department. The traffic authority may also detain the perpetrator for up to 15 days. Therefore, driving a motor vehicle without a license may or may not be subject to detention.
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Legal Analysis: No case record. 1. For vehicles without license plates, first of all, the traffic police will check whether they are suspected of stealing vehicles.
If there is a suspicion of stealing a vehicle, the person will be handed over to the criminal investigation department for processing. If the legal formalities of the vehicle can be provided at that time, the vehicle will be returned. 2. As for the punishment of driving without a license, 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.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 99 Any person who commits any of the following acts 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: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license is suspended; 2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended; 3) Fleeing after causing a traffic accident that does not constitute a crime; 4) The motor vehicle is driving more than 50% of the speed limit; 5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; 6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; 8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; Those who have any of the circumstances in items 1, 3, or 5 through 8 may be detained concurrently for up to 15 days.
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There will be no criminal record. 1. For vehicles without license plates, first of all, the traffic police will check whether they are suspected of stealing vehicles. If the vehicle is suspected of theft, the vehicle will be handed over to the criminal and dust investigation department for processing.
If you can provide the legal procedures of the car at that time, the vehicle will be returned. 2. As for the punishment of driving without a license, 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 during the period when their motor vehicle driver's license has been 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.
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No archives will be recorded. 1. In Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation. Stored in a database of identity information.
2. As for the punishment of driving without a license, 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 not more than 15 days.
Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on any of the following acts: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; 2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended; (3) Causing a traffic accident and then escaping, but it does not constitute a crime; (4) The motor vehicle is suspected of driving more than 50% of the speed limit; 5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; 6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; 8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
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Legal analysis: For unlicensed vehicles, first of all, the traffic police will check whether it is suspected of stealing the vehicle. If it is suspected of stealing Li Nai's car, he will be handed over to the criminal investigation department with the car. If the legal formalities of the vehicle can be provided at that time, the vehicle will be returned.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 99 Whoever drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be concurrently detained for up to 15 days.
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There will be no criminal record. 1. For vehicles without license plates, first of all, the traffic police will check the beam to see if it is suspected of stealing the vehicle. If there is a suspicion of stealing a vehicle, the person will be handed over to the criminal investigation department for processing.
If the legal formalities of the vehicle can be provided at that time, the vehicle will be returned. 2. As for the punishment of driving without a license, 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 not more than 15 days.
Article 99 of the Road Traffic Safety Law of the People's Republic of China shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on any of the following acts: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; 2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended; 3) Fleeing after causing a traffic accident that does not constitute a crime; 4) The motor vehicle is driving more than 50% of the speed limit; 5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; 6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; 8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses. Where the perpetrator has any of the circumstances in items 2 or 4 of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.
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1. No, the age of punishment is not enough, even if a pure penalty is given, the juvenile's illegal record will be sealed.
2. For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law in the process of driving, they shall not 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.
1. Driving without a license: a fine of 200-2000, and 15 days of detention may be imposed concurrently. Motorcycles are generally 800-2000 yuan;
2. Driving an unlicensed vehicle: a fine of 200-2000, detention for 15 days, and temporary seizure of the vehicle until proof of legal purchase is presented. Motorcycles are generally 800-2000 yuan;
4. Do not paste the compulsory traffic insurance logo and carry the insurance policy: the fine is changed to 200.
5. Failure to install a license plate in accordance with the regulations: a fine of 200 and 6 points will be deducted.
6. Motorcycle without helmet: 50-200 fine. It is generally 100 yuan.
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No, the driver's license for a motorcycle is d-e-f. Please refer to the "Regulations on the Application and Use of Motor Vehicle Driving License" Annex 1 Permitted driving type and code Permitted driving type Code Permitted driving vehicle Permitted to drive other permitted driving type Large passenger car A1 Large passenger car A3, B1, B2, C1, C2, C3, C4, M tractor A2 Heavy, medium-sized full-trailer, semi-trailer car train B1, B2, C1, C2, C3, C4, M City bus A3 City bus with more than 10 people C1, C2, C3, C4 Medium-sized bus B1 Medium-sized passenger vehicles (including city buses with a nuclear capacity of more than 10 people and less than 19 people) C1, C2, C3, C4, M Large trucks B2 Heavy and medium-sized trucks; Large, heavy and medium-sized special operation vehicles Small cars C1 Small and micro passenger vehicles and light and micro trucks; Light, small and micro special operation vehicles C2, C3, C4 Small automatic transmission vehicles C2 Small and micro automatic transmission passenger vehicles and light and micro automatic transmission trucks Low-speed trucks C3 Low-speed trucks (formerly four-wheeled agricultural transport vehicles) C4 Three-wheeled vehicles C4 Three-wheeled vehicles (formerly three-wheeled agricultural transport vehicles) Small automatic transmission passenger vehicles for the disabled C5 Small and micro automatic transmission passenger vehicles for the disabled (only the right lower limb or both lower limb disabled people are allowed to drive) Ordinary three-wheeled motorcycle D Three-wheeled motorcycles with an engine displacement greater than 50ml or a maximum design speed of more than 50km h e, f Ordinary two-wheeled motorcycles e Two-wheeled motorcycles with an engine displacement of more than 50ml or a maximum design speed of more than 50km h f Mopeds f Motorcycles with an engine displacement of less than or equal to 50ml and a maximum design speed of less than or equal to 50km h Wheeled self-propelled mechanical vehicles m Wheeled self-propelled mechanical vehicles Trolleybuses n Trolleybuses Trams P Trams.
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