DRIVING DISQUALIFICATION? EMERY JOHNSON ASTILLS CAN HELP YOU GET YOUR LICENCE BACK
If your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not it is possible to apply to a court and ask that a driving ban is ended earlier than it would normally be.
WHEN CAN YOU APPLY TO GET YOUR LICENCE BACK EARLY?
You can ask the court to reduce the period of your disqualification after you’ve been banned from driving after the following periods have expired:
- 2 years when your disqualification was for more than 2 years but less than 4 years
- Half the length of the disqualification period where the driving ban was for between 4 and 10 years
- 5 years in cases where your disqualification was for 10 years or more
WHAT ABOUT A BAN FOLLOWING A SECOND DRINK DRIVING OFFENCE?
The answer to that question is ‘yes’. The application will however be complicated and it depends on the individual circumstances of your case.
WHAT DO THE COURT TAKE INTO ACCOUNT?
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.”
In order to succeed we would need to be establish some compelling reasons as to why the ban should be brought to an end early. An obvious example would be securing an employment opportunity where the ability to drive is essential but may include reliance on a vehicle for caring responsibilities, personal immobility etc.
You can produce evidence in support of your application and even call witnesses but Emery Johnson Astills will advise you about this.
IF THE APPLICATION IS REFUSED, CAN I MAKE A FURTHER APPLICATION?
A further application is possible but you must wait for three months from the date of the refusal to make your next application.
HOW CAN EMERY JOHNSON ASTILLS HELP?
Our experienced team have significant advocacy expertise before both the Magistrates’ and Crown Courts. As a result we are best placed to secure the return of your driving licence.
Our team at Emery Johnson Astills we specialise in Criminal Defence and will be able to advise you on the merits of your case and prepare an effective argument on your behalf. We regularly make successful arguments on behalf of our clients; meaning that they get their licence back early.
For further information and advice in relation to motoring offences please contact the Criminal Defence team in Leicester on 0116 2554855, or in Loughborough on 01509 610312.
With offices in Leicester and Loughborough you can contact your nearest office to speak to one of our lawyers to see how we can help you get your licence back early.
For more information on the members of the Crime Team at Emery Johnson Astills please visit our people page.