Driving Licence Suspended in Romania: What You Can Do and When

Where the suspension comes from

Your right to drive can be suspended in several situations, and the right response depends on the reason. Most often, suspension is a complementary sanction applied in the contravention report (the police report for a minor offence), together with a fine, for example for speeding above certain limits, running a red light or other serious breaches.

There are other routes too: suspension for accumulating penalty points, or suspension linked to a criminal case (for example, drink-driving above the criminal threshold). The rules differ in those cases, so the first step is to establish exactly why your licence was suspended.

What to do right after you receive the report

When your licence is retained, you usually receive a temporary replacement document, and the report is handed to you or sent later. Check its details straight away and keep every document.

• Check the identification details, date, time, place and description of the offence.
• Note what is written in the objections section and whether you signed.
• Keep the temporary replacement document and any other papers you received.
• Gather evidence while it is fresh: photos of the location, video footage, witness details.
• Write down the date you received the report: the deadline to challenge it runs from that day.

Challenging the report: deadline and court

The report is challenged by filing a complaint with the local court (judecatorie) for the area where the offence took place. Under the road traffic rules and the general law on contraventions, the deadline is 15 days from the date the report was handed to you or served on you. The deadline is short and strictly applied, so do not leave it to the last moment.

In the complaint you explain why you believe the report is unlawful or unfounded and you propose evidence. The grounds can concern form (missing mandatory details) or substance (the act did not happen, was wrongly classified, or the sanction is disproportionate). The court may annul the report, replace the fine with a warning or dismiss the complaint.

If you did not sign the report or did not receive it on the spot, the deadline runs from when it is served on you, for example by post. No court stamp duty is charged for the complaint, although other costs may arise, such as expert fees or legal fees.

What the complaint does to the suspension

For road traffic offences, the law provides that the complaint suspends enforcement of the fine and of complementary sanctions from the date it is registered until the court decides. In practice, with proof that you have filed the complaint, you can apply to the traffic police to have your licence returned while the case is pending.

This rule does not apply in the same way in every situation. If the suspension results from penalty points or from a criminal case, the procedure and effects are different. That is why you should confirm the exact legal basis before you drive again.

If the complaint is dismissed or you do not challenge the report

If you do not challenge the report, the suspension period runs and, once it ends, you can ask for your licence back under the conditions set by the traffic police. If the complaint is dismissed, the law requires you to hand in your licence to the competent traffic police unit within a short period after the judgment. Failing to do so without good reason can extend the suspension.

Do not drive while suspended, and do not drive once the temporary document no longer allows you to. Driving during a suspension can have criminal consequences, far more serious than the original sanction.

When to ask a lawyer for help

A lawyer can quickly check whether the report has formal defects, whether the police evidence supports the offence and what realistic prospects a complaint has. A lawyer can draft the complaint on time, propose evidence and represent you in court, so you do not need to attend every hearing.

The information above is general. Every situation must be analysed individually, based on the actual documents and evidence.

This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.