FREQUENTLY ASKED QUESTIONS
  • How the deprived right to drive vehicles is returned to the person?
    • Drivers of vehicles who have committed administrative offense due to being drunk or intoxicated with narcotic, psychotropic or other psychoactive substances or who have avoided inspecting for being drunk or intoxication, used alcohol, narcotic, psychotropic or other psychoactive substances after an accident before the circumstances of the accident were determined will be calculated the term of deprivation of the special right from the taking of the document confirming the special right to the person.

      Persons who have timely fulfilled an administrative order for the return of documents certifying special rights, also persons who, without awaiting when the decision to deprive a special right will come into force, have returned to the institution whose officer has filed an administrative offense protocol with an administrative order or has conducted an administrative offense investigation and has drawn up an administrative offense protocol and, in the case of an out-of-court decision, to the institution issuing the decision the document certifying the special right or issued temporary document or documents certifying other special right will be calculated the term from the date of receipt of the document at the institution.

      Upon the expiry of the time limit for deprivation of the right to drive, a person who has been deprived of this special right for a period of less than one year will only be returned the documents taken from him after completing supplementary driver training in accordance with the established procedure.If a person is deprived of the right to drive a vehicle for one year or longer, the documents taken from him will be returned only after the expiration of this special right and when he re-passes the exam and completes the additional training of drivers in accordance with the established procedure.

      If a special right has been deprived of the fact that the person committed an administrative offense by being drunk or intoxicated with narcotic, psychotropic or other psychoactive substances, after the expiry of the term of deprivation of the right, the documents taken from the person are returned only after the medical and educational certification.

  • Aggravating circumstances for liability for administrative offenses
      • 1)Administrative offense is committed by two or more agreed persons*.
      • 2)Administrative offense is committed by exploiting a public or other person’s misfortune.
      • 3)Administrative offense has caused serious consequences.
      • 4)Administrative offense was committed to a pregnant woman, when it was known or apparent that she was pregnant, or to a disabled person, when it was known or apparent that he was disabled.
      • 5)Commitment of the administrative offense involved a minor and this was caused by an adult.
      • 6)Administrative offense was committed to a minor.
      • 7)Administrative offense was committed as hatred for a person/s or discriminating against a person/s on the basis of sex, race, nationality, language, origin, social status, belief, belief, opinion or other grounds.
      • 8)Administrative offense was committed by a person who was drunk or intoxicated with narcotic, psychotropic or other psychoactive substances, and these circumstances influenced the commission of an administrative offense.
      • 9)Administrative offense was committed by torture or mockery of a person.
      • 10)Administrative offense is committed in a generally dangerous manner or using explosives, explosive materials or firearms.
      • 11)Administrative offense is committed by hooligan or selfish motives.
      • 12)Same administrative offense was committed repeatedly during the year.

      * Court or an institution (officer) examining the administrative offense case under out-of-court procedures, under certain circumstances, may refrain from recognizing this as aggravating circumstances.

  • How is the fine imposed?
    • An administrative penalty is imposed according to a specific article of the Code of Administrative Offense of the Republic of Lithuania by giving an administrative order or decision on the imposition of an administrative penalty.

      The amount of the penalty is determined on the basis of the average of foreseen minimum and maximum penalty, taking into account the nature of the administrative offense committed, form and type of fault of the offender, personality, mitigating and aggravating circumstances.
      In cases where there are only mitigating circumstances, no more than an average penalty is imposed, and where there is only an aggravating circumstance, a penalty of not less than an average penalty is imposed.Where there are both mitigating, and aggravating circumstances, a penalty is imposed according to their quantity and significance.

      Administrative penalties may be accompanied by administrative measures: deprivation of special rights granted to the person; confiscation of property; obligation to participate in the prevention programmes (courses) of alcoholism and drug addiction, early intervention, health care, re-socialization, improvement of communication with children, change of violent behavior etc.; prohibition on attending public events.

      The reduction or increase of an administrative penalty is justified by a ruling of a court or of a institution (officer) that examined the administrative offense case under out-of-court procedures, upon which the penalty is imposed.

      A court or an institution (officer) that examined the administrative offense case under out-of-court procedures has the right to impose a lower fine than a prescribed minimum fine or to impose a milder administrative penalty or administrative measure or to refuse to impose administrative penalties or administrative measures.Such decision must be motivated.The decision of an institution (official) that examined the administrative offense case under out-of-court procedures is sanctioned by a judge of a district court.

  • Mitigating circumstances for liability for administrative offense
      • 1)Offender admitted having committed an administrative offense and sincerely regrets it or helped to investigate it.
      • 2)Offender has voluntarily compensated for losses or eliminated the damage.
      • 3)Administrative offense was caused by very poor material circumstances of the offender.
      • 4)Administrative offense was caused by mental or physical abuse.
      • 5)Administrative offense was committed in violation of the conditions of the detention of a person who has prohibited the law, he performance of a professional duty or the task of a law enforcement institution, necessary need, justified professional or economic risks, legality of the scientific experiment.
      • 6)Administrative offense was committed beyond the limits of necessary self-­defense.
      • 7)Administrative offense is committed with serious excitement caused by the unlawful actions of the victim.
      • 8)Administrative offense was committed by a pregnant woman, provided that this circumstance affected the commission of the offense.
      • 9)Administrative offense was committed by a person who has been assigned 0-40 per cent capacity to work or a high or middle special needs level or a person is 65 years of age.
      • 10)Person agrees to participate in the prevention programmes of alcoholism and drug addiction, early intervention, health care, re-socialization, improvement of communication with children, change of violent behavior etc.
  • Fines imposed for traffic offenses
    • For speeding – from warning to a fine of up to EUR 550 with the deprivation of a right to drive vehicles of up to 6 months.

      For stopping and standing failing to comply with the requirements of traffic rules – a fine of EUR 30 to 90.

      For driving without compulsory insurance – a fine of EUR 10 to 40.

      For driving a vehicle without state roadworthiness test – a fine of EUR 30 to 40.

      For violations of the use of safety belts – a fine of EUR 30 to 50.

  • 2014, 2015, and 2016 road traffic offense statistics
    • Violation of road traffic rules Number of people punished in 2014 Number of people punished in 2015 Number of people punished in 2016
      Speeding 166 089 150 885 129 066
      Stopping and standing failing to comply with the requirements of traffic rules 24 762 44 057 54 888
      Driving of vehicles without compulsory civil liability insurance for owners and managers of vehicles 24 794 22 361 21 908
      Driving of vehicles without compulsory roadworthness test 21 539 10 771 8 942
      Violation of the use of safety belts 21 775 22 333 19 267

       

  • What will happen if I disregard an administrative order?
    • If an administrative offender refuses to comply with an administrative order, this order is deemed to be invalid and within five working days from the expiry of the set deadlines the protocol of administrative offense is forwarded to the court or submitted to the institution, the officer of which is authorized to examine administratively offense case under out-of-court procedures.

      A person, to whom an administrative order is given, may address the officer who gives administrative offense protocol with the request not to include the administrative order in the protocol or to address the institution, the officer of which gave the administrative order, in writing with the request to annul the administrative order and, without waiting for the deadline to expire, to send the administrative order protocol to court for examination or to send it to the institution (officer) that will examine the administrative offense case under out-of-court procedures.

      When an administrative order is not given and when a person requests not to include the administrative order, an administrative offense protocol is sent to the court within three working days from the moment of its conclusion or is submitted to the institution whose officer is authorized to deal with an administrative offense under out-of-court procedure.

  • What should I do if I broke traffic laws while driving another person’s car?
    • If an administrative offense was committed by another person, the owner (manager) of the vehicle must within thirty calendar days after the date on which the administrative offense protocol was sent, notify the institution whose officer identified the administrative offense in the manner specified by it of the data of the person (name, surname, personal number or date birth, place of residence, issue date, number and issuing authority of the document entitling to drive a motor vehicle) who at that time managed or used the vehicle belonging to the owner (manager) of the vehicle or, upon request of the institution, to arrive at the institution whose officer identified an administrative offense.A new administrative offense protocol with an administrative order is given to the person indicated by the owner (manager) of the vehicle, and the administrative offense protocol with administrative order given to the owner (manager) of the vehicle is declared invalid.

      When the owner (manager) of a vehicle is a legal person, an administrative offense is reported to the head of this legal entity. The head of a legal entity or another person in charge must within three working days from the date of receipt of the notification of an administrative offense provide data (name, surname, personal number or date birth, place of residence, issue date, number and issuing authority of the document entitling to drive a motor vehicle) on the person who at that time used the vehicle belonging to the owner (manager) of the vehicle.An administrative offense protocol with an administrative order is given and sent to this person.

  • Bribe – what is it?
    • Bribe is any reward offered, promised or given to a police officer for the purpose of accepting a person-friendly decision.Not only money, but also various goods, services or other things are considered to be bribes.

      A mere offer or promise to give a bribe for a police officer is enough to be subject to criminal liability.

      No fine in cash can be paid to a police officer.Therefore, any giving or offer of cash to a police officer will be treated as a bribe.

      By offering, promising or giving a bribe you may be prosecuted for up to 7 years’ imprisonment.

      Having given a bribe, you will not be able to rest assured or up to 15 years that such data will not reach law enforcement and you will not be brought under suspicion.

  • Administrative order – what is it and when is it given?
    • Administrative order is an offer for a person recorded in the protocol of administrative offense within fifteen calendar days at his own discretion to pay a fine equal to half the minimum fine for an administrative offense committed by him.
      An administrative order cannot be issued when:

      • 1)For an administrative offense, a maximum fine of more than EUR 1500 was imposed.
      • 2)Person made the same repeated administrative offense during the year.
      • 3)Person committed an administrative offense being drunk or intoxicated with narcotic, psychotropic or other psychoactive substances, and this has affected the commission of an administrative offense, avoided inspecting for being drunk or intoxication, consumed alcohol, narcotic, psychotropic or other psychoactive substances after an accident before determining its circumstances.
      • 4)Administrative offense caused a slight health disorder.In addition, an administrative offense caused property damage, which cannot be fully compensated.
      • 5)Compulsory confiscation of property was determined for an act made by the person.
      • 6)Person has committed two or more administrative traffic offenses related to traffic safety, the data of which have been obtained from stationary or mobile infringement recording systems.
      • 7)Person committed an administrative offense concerning the exercise of a special right, without having this right or when he was deprived of this right.

      HOW CAN I APPEAL AN ADMINISTRATIVE ORDER OR A RULING IN AN ADMINISTRATIVE OFFENSE CASE?

      An administrative order is not open to appeal.

      If the person has paid the penalty imposed in the administrative order within the prescribed time limit (if foreseen, after the return of the documents confirming the special right to the relevant institution, too), the administrative order is deemed to have been executed.

      After an administrative order has been executed by a person, the case of an administrative offense is closed.

      A ruling in an administrative offense case may be appealed to a district court based on the location of the institution.An appeal against an out-of-court ruling in an administrative offense case is filed through the institution which adopted the ruling or by electronic means of communication.The institution, within five working days, if the law does not set another term, forwards the appeal against the out-of-court ruling in the administrative offense case together with the case to the corresponding district court.
      An appeal against an out-of-court ruling in an administrative offense case may be filed within twenty calendar days from the day of dispatch or issue of a copy of the copy (duplicate) of ruling.

REPORT A BRIBE