If you have been disqualified from driving it is sometimes possible to apply for its early return. Section 42 of the Road Traffic Offenders Act 1988 allows a person who has been disqualified from driving by the court to apply to a magistrates’ court to remove the disqualification early.
At Olliers Motor Law we have a proven track record of successful applications that give driver’s their licence back significantly before the end of the disqualification. Our lawyers possess the expertise and experience to effectively prepare your application to make it as strong as possible and give you the best possible chance of it being successful.
Criteria to apply for your driving after a ban:
Not everyone can make such an application however and we can submit an application on your behalf under the following circumstances:
If Disqualified for 4 Years or Less:
You must have served at least 2 years of your disqualification.
If Disqualified for 4 Years to 10 Years:
At least ONE HALF of your disqualification must have been served.
In Any Other Case:
5 years of your disqualification must have been served.
NOTE: An application cannot be made if the court has ordered a “retest” to be completed which is most common in cases of dangerous driving.
The Application Process
Once the required length of disqualification has been served, a hearing needs to be listed in the Magistrates’ Court that disqualified you. The court will want to hear a persuasive argument as to why the penalty imposed should be effectively reduced. An application will have a much greater chance of success if we can demonstrate that your circumstances/character have changed since the time of your conviction. By way of summary, the court will likely consider:
- Your character and conduct following conviction;
- The nature of the offence for which disqualification was ordered;
- Any other relevant circumstances (E.g. Employment status, family/personal)
Applications are likely to be opposed by the police/CPS and it is crucial that you are represented to give your application the best chance of being successful as if your application fails, you will have to wait a further 3 months before you can make another attempt. If the return of your licence early is important to you then it is essential that the application is made effectively the on the first attempt.
If you are considering such an application then please feel free to contact us and we will be happy to discuss its merits. We will provide you with an honest and frank opinion on whether we think your application can be successful and if you decide to proceed with your application, we can offer you a fixed fee for our representation.
Need help to apply for driving licence after ban? Contact our Specialist Motoring Solicitors
If you want to apply for your licence back early, contact Ruth Peters on 0808 168 0017. For more information please click here.
For further reading, please visit Reapply for your driving licence if you’ve been disqualified at GOV.UK