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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. It’s the nightmare of about 418,000 drivers in São Paulo, who recently received letters from the DMV regarding penalties for infractions from 2020. The situation has become a legal matter, with lawyers questioning the legality of the notifications and reversing the situation in various cases.
Recently, the DMV surprised thousands of drivers with notifications of suspension and even revocation of their National Driving License (CNH), based on infractions committed back in 2020. This massive movement generated doubts and protests about the validity of these penalties since Law No. 14,229/2021 modified 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, that period has been drastically reduced to up to 180 days (or up to 360 days in cases with appeals).
DMV SP and Notification Deadlines
The DMV argues that the new 2021 law, with shorter notification periods, does not have retroactive effect for infractions committed before October of that year. However, specialized traffic attorneys, 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.
Victories in Court and Annulment of Penalties
The clash between the DMV and traffic attorneys has brought positive results for many drivers. Some rulings have already resulted in the annulment of penalties for infractions notified after the time limit established by the new law. These judicial decisions directly benefit drivers, allowing them to keep their CNH active and avoid suspension or revocation for past infractions.
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For the defense, the argument is clear: the long gap between the date of the infraction and the receipt of the notification constitutes a violation of drivers’ rights, as they are 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 attorneys asserting that drivers are fully entitled to annul such processes.
Notifications and Fraud
Another factor that has kept drivers on alert is the wave of fake notifications using the name of the DMV. Some citizens have received suspicious notifications that include malicious QR Codes, aimed at stealing personal information.
The DMV issued a warning recommending that, before taking any action, drivers verify the authenticity of the notification directly on the agency’s official portal. This step is crucial to ensure that any recorded penalty is indeed legitimate.
How to Proceed in Case of Notification
For those who received notifications of suspension or revocation of their CNH, the DMV offers a direct defense option on its official portal. The notifications contain a QR Code that leads to the DMV’s website, where it is possible to file an appeal. However, according to experts, seeking the support of a traffic attorney is a recommended strategy to increase the chances of success in annulling the penalty.
Attorneys in this field are familiar with the deadlines and legal loopholes that can be used to reverse penalties. In many cases, mere delays in the notification already serve as a basis to argue for the nullity of the process, ensuring the driver maintains their CNH without the restrictions imposed by the DMV.
A Changing Scenario
The situation regarding notifications of suspension and revocation of CNHs by the DMV SP is a clear example of how traffic law in Brazil is undergoing transformations. With the recent legislative changes, drivers must be increasingly attentive to communications from the DMV and the available defense options. The review of the deadlines established by the new legislation offers a layer of protection to drivers, who can now question notifications made outside established time frames.
In this scenario of uncertainties, the main advice is to stay well-informed and, if necessary, seek legal assistance to contest possible abuses. After all, in times of changes in the laws and amidst notifications from years past, caution is essential to protect your CNH and ensure your right to continue driving in São Paulo.
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