Question: My father's driver's license has expired for two years and he has been using it all the time. It belongs to unlicensed driving. My father has been detained for 16 days. When can he come back? Please reply to the lawyer as soon as possible. Thank you.
1. Penalties for driving without a license in the new handover law: those who drive a motor vehicle without obtaining a motor vehicle driver's license, whose motor vehicle driver's license is revoked, or whose motor vehicle driver's license is temporarily detained shall be fined not less than 200 yuan but not more than 2000 yuan, and may also be detained for not more than 15 days. If the driver does not carry a motor vehicle driver's license with him, he shall not continue to drive the vehicle, no matter whether the driver is in violation of the law or not. The traffic control department of the public security organ shall detain the motor vehicle and notify the driver to provide his driving license. It shall be handled according to different conditions 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, the driver shall be punished according to the illegal situation and without the driver's license, and the motor vehicle shall be returned in time; c) If the driver is unable to provide a true and legal motor vehicle driving license, he shall be deemed as driving without a license, and may be punished according to the above circumstances. 2. The punishment of driving without a license to hit a person stipulates that driving without a license to hit a person constitutes a traffic accident crime. Generally speaking, if there is no aggravating circumstances, the sentence should be less than 3 years. According to Article 133 of the Criminal Law of the People's Republic of China, anyone who violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to another person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
