Most people are unaware that it is possible in some instances to apply to a court and ask that a driving ban is ended early.
Therefore, 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?
Legal aid may be available subject to a means test. Private representation is available at competitive rates.
What are the rules?
You can ask the court to reduce your disqualification period after you have been banned from driving for:
- 2 years – if the disqualification was 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 the disqualification was for 10 years or more
Mortons Solicitors 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] for example the High Court showed itself to be very sympathetic to the applicants 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.”
In essence, what needs to be established is that there is some compelling reason why the ban should be brought to an end, 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, so Mortons Solicitors would work incredibly hard to ensure that an impressive argument is put before the court.
Merely turning up and throwing yourself upon the mercy of a court is unlikely to result in a return of your driving licence.
If the application is refused, can I make a further application?
Yes, you can re-apply againm, however must wait at least three months from the date of the refusal.
How we can help
Mortons Solicitors can assist in preparing and presenting your application to the court. Our highly experienced team have significant advocacy expertise and are best placed to secure the return of your driving licence.
Contact Mortons Solicitors by email or telephone on 0161 477 1121 to arrange an appointment.
enders register.
AWARD-WINNING SERVICE
