Disqualified for 2 years or more? – How to apply for driving licence return.
In some instances, it is possible to apply to a court and ask that a driving ban is ended early. You can apply for your driving licence return.
If your circumstances have changed since being disqualified ask one of our criminal law specialists if you can apply.
Representation is available at competitive rates or a fixed fee depending on complexity.
What are the rules?
You can ask the court to reduce your disqualification period after you’ve been banned from driving for:
- 2 years -disqualified for more than 2 but fewer than 4 years
- Half the disqualification period – if it was for between 4 and 10 years
- 5 years – if disqualified for 10 years or more
Who can apply?
We are often asked by clients who have been disqualified for a second drink-driving offence whether they too can apply. The answer to that is yes, although the application will be complicated as the High Court has stated:
“I would only add that justices … may if they think fit regard a mandatory disqualification as one which they are somewhat less ready to remove than a discretionary disqualification.”
But it will depend, as always, on the individual circumstances of the case, in Boliston v Gibbons (1995) the High Court was very sympathetic to the applicant’s plight.
What are the criteria?
The law states that:
On any such application the court may, as it thinks proper having regard to:
(a) the character of the person disqualified and his conduct subsequent to the order
(b) the nature of the offence, and
(c) any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application.
You have to show that there is some compelling reason why the ban should be brought to an end. Good examples include:
- employment opportunities
- reliance on a vehicle for caring responsibilities
- personal immobility
- even access to distant schools
- medical problems
- bad effect of the disqualifaction on others
Will the application be opposed?
Yes, so we always work incredibly hard to ensure that we prepare an impressive argument, with a real chance of success. Merely turning up and throwing yourself on the mercy of a court will not result in the return of your driving licence.
Can I make a further application?
Yes, you can re-apply again but must wait at least three months from the date of refusal.
How Moss & Co can help?
If you are disqualified we can prepare your application for the return of your driving licence. We will:
- Take a full history of the initial offence and any mitigating factors.
- Set out how things have changed for you.
- Detail the benefits to you and others of the return of your driving licence.
- Obtain objective evidence of the benefit the return of your driving licence will bring (job offers and so forth).
- Argue that the return of your driving licence will benefit others (for example by you being able to work).
- Obtain medical evidence that will help.
- Prepare a detailed argument for presentation to the court.
- Call evidence from you and witnesses.
- Attend court with you to present your case.
Our experienced team have real advocacy expertise. They are best placed to secure the return of your driving licence.
Contact Jamie Ritchie or Keith Hollywood on 0208 986 8336 or use the contact form below to arrange an appointment.