Getting Your Licence Back Early
Driving Disqualification? We can help you get your licence back
In some instances, it is possible to apply to a court and ask that a driving ban is ended earlier than it would normally be. How will you be able to argue to get your licence back early?
If your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not you can take advantage of this legal provision.
Is legal aid available?
In very limited circumstances, Legal Aid may be available subject to a means test. Alternatively we will be able to provide you representation on a private basis. This is likely to be by way of an agreed fixed fee.
What are the rules?
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?
We are often asked by clients who have been disqualified for a second drink drive offence whether they are able to apply to get their licence back early.
The answer to that question is ‘yes’. The application will however be complicated as the High Court has expressed the following view:
“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 your case. The decision in Boliston v Gibbons (1995), for example, showed the High Court to be very sympathetic to the plight of the applicant.
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 their 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.”
As a result, what any applicant needs to establish is that there is some compelling reason why the ban should be brought to an end early. Such examples include employment opportunities, reliance on a vehicle for caring responsibilities, personal immobility etc.
Will the application be opposed?
It is very rare for an application not to be opposed by a lawyer on behalf of the police. Because of this we will work incredibly hard to ensure that an impressive argument is put before the court.
Unfortunately simply turning up and throwing yourself on the mercy of a court is unlikely to result in a return of your driving licence early.
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 we can help you get your licence back early
We will assist in preparing and presenting your application to the court. This will include taking your instructions and gathering any supporting evidence that you may need to strengthen your case.
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.
We will always investigate the circumstances of your case and see whether legal aid is available for your free representation in your motoring law case before the Magistrates’ Court. You can read more about the legal aid scheme here.
If you are not eligible than we will provide representation in your road traffic case for a fixed fee. This will allow you to know about and budget for the cost of your legal fees. You can read about these fees here.
Contact your nearest office to speak to one of our lawyers to see how we can help you get your licence back early. Alternatively use the contact form below.
