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Imagine opening your mail and, among bills and pamphlets, finding a notification from the DMV. Not just any notification, but one informing you that your driver's license is about to be suspended for an infraction committed years ago. This is the nightmare of around 418 drivers in São Paulo, who recently received letters from the DMV SP about penalties for infractions from 2020. The situation has become a legal case, with lawyers questioning the legality of the notifications and reversing the situation in several cases.
Recently, Detran SP surprised thousands of drivers with notifications of suspension and even revocation of their National Driver's License (CNH), based on infractions committed in 2020. This massive movement generated doubts and protests about the validity of these penalties, since Law No. 14.229/2021 changed the legal deadlines for communicating infractions and penalties. Previously, the State could take up to five years to notify a suspension, but with the new legislation, this period was drastically reduced to up to 180 days (or up to 360 days in cases with appeal).
Detran SP and notification deadlines
Detran SP argues that the new 2021 law, with shorter deadlines for notifications, does not have retroactive effect for infractions committed before October of that year. However, lawyers specializing in traffic law, such as Gustavo Fonseca from Doutor Multas, argue that these drivers should benefit from the updated deadlines. According to him, retroactivity is necessary to prevent drivers from being unfairly penalized after long periods of waiting between the infraction and the notification.
Court victories and cancellation of penalties
The clash between Detran SP and traffic lawyers has brought positive results for many drivers. Some judgments have already resulted in the cancellation of penalties for violations reported after the time limit established by the new law. These court decisions directly benefit drivers, allowing them to keep their driver's license active and avoid suspension or revocation for old violations.
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For the defense, the argument is clear: the long period between the date of the infraction and the receipt of the notification constitutes a violation of the rights of drivers, who end up being surprised by late penalties. The use of the new legislation in these cases is seen as a significant victory in the field of traffic law, with lawyers stating that drivers have every right to have such processes annulled.
Notifications and frauds
Another factor that has put drivers on alert is the wave of fake notifications using the name of Detran-SP. Some citizens have received suspicious notifications that include malicious QR Codes, with the aim of stealing personal information.
DMV SP issued an alert recommending that, before any action, drivers must check the authenticity of the notification directly on the agency's official portal. This step is essential to ensure that any penalty recorded is truly authentic.
How to proceed in case of notification
For those who have received notices of suspension or revocation of their driver's license, Detran SP offers a direct defense option on its own official portal. The notices contain a QR Code that leads to the Detran website, where it is possible to file an appeal. According to experts, however, seeking the support of a traffic lawyer is a recommended strategy to increase the chances of successfully canceling the penalty.
Lawyers who work in this area are familiar with the deadlines and legal loopholes that can be used to reverse penalties. In many cases, the mere delay in notification already serves as a basis for arguing for the nullity of the process, guaranteeing the driver the possibility of keeping their driver's license without the restrictions imposed by the DMV.
A changing scenario
The situation of notifications of suspension and revocation of driver's licenses by Detran SP is a clear example of how traffic law in Brazil is undergoing transformations. With recent legislative changes, drivers must be increasingly aware of Detran's communications and the defense options available. The review of the deadlines established by the new legislation offers a layer of protection to drivers, who can now challenge notifications made outside the established deadlines.
In this scenario of uncertainty, the The main advice is to be well informed and, if necessary, seek legal assistance. to contest possible abuses. After all, in times of changing laws and amid notifications from years past, every care is needed to protect your driver's license and guarantee the right to continue driving in São Paulo.
