ACÚMULO DE PONTOS NA CNH!

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No Brasil, independentemente da região, todo condutor de veículo automotor deve ter sua Carteira Nacional de Habilitação, popularmente conhecida como CNH.

É esse documento que atesta, aos agentes de trânsito, que o motorista é habilitado a dirigir veículos automotores, como motos, ônibus, carros de passeio e caminhões.

Os pontos na carteira  variam de acordo com a gravidade da infração e podem somar 3, 4, 5 ou até 7 pontos na carteira de habilitação.

Com o acúmulo de 20 ou mais pontos na CNH, pode ser gerada a suspensão do direito de dirigir. A suspensão da CNH pode ser por até 1 ano e nesse período o motorista fica impossibilitado de dirigir e precisa fazer um curso de reciclagem.

O Código de Trânsito Brasileiro CTB estabelece a pontuação de acordo com a gravidade das multas.

É com base nessa gravidade que a lei de trânsito vai determinar a quantidade de pontos para cada multa.

A classificação dos pontos está descrita no artigo 259 do CTB, como você pode ver abaixo:

“ Art. 259. A cada infração cometida são computados os seguintes números de pontos:

  • I – gravíssima – 07 sete pontos;
  • II – grave – 05 cinco pontos;
  • III – média – 04 quatro pontos;
  • IV – leve – 03 três pontos.”
  • Qual é a grande importância em saber os pontos na carteira?

O principal para a maioria dos motoristas é não estourar a pontuação e não correr o risco de ficar sem dirigir. Como mostra o § 1º do artigo 261 do CTB:

Art. 261. A penalidade de suspensão do direito de dirigir será imposta nos seguintes casos:

  • I – sempre que o infrator atingir a contagem de 20 (vinte) pontos, no período de 12 (doze) meses, conforme a pontuação prevista no art. 259;

Algumas multas suspendem direto a CNH sem precisar somar os 20 pontos na carteira.

Os pontos na carteira de motorista entram quando esgotadas as oportunidades de recurso. Para cada multa, o motorista tem direito a 3 recursos administrativos.

Um detalhe importante é que a suspensão do direito de dirigir por acúmulo de pontos é gerada quando somados 20 ou mais pontos em um período de 12 meses.

Mas atenção, não é com a virada do ano e sim com os últimos 12 meses.

Por exemplo: Você levou uma multa em 30/03 de 2017, estes pontos vão zerar no sistema em 31/03 de 2018, se não somar 20 ou mais pontos na CNH neste período.

A Resolução 182 do Conselho Nacional de Trânsito CONTRAN explica esta contagem dos pontos.

  • II – DA SUSPENSÃO DO DIREITO DE DIRIGIR SEÇÃO
  • I – POR PONTUAÇÃO

Art. 5º. Para fins de cumprimento do disposto no inciso I do Art. 3º desta Resolução, a data do cometimento da infração deverá ser considerada para estabelecer o período de 12(doze) meses.

A nossa Constituição Federal (CF) no seu artigo 5º, XLVII, b, proíbe qualquer punição com duração indeterminada.
E o mesmo vale para as multas de trânsito. Por isso, os pontos na carteira não podem valer para sempre. Por isso que a Lei de Trânsito prevê um prazo de validade para os pontos na carteira.

 


Thayse Weiss


 

 

 

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