FAQS: Driving Disqualification
Can a Driving Ban be Removed Early?
The short Answer is yes it can in certain circumstances, a disqualification may be removed early by an application being made to the court.
When Can I Apply to Remove A Driving Disqualification?
For this to occur, a minimum period of two years must have elapsed from the date when the original disqualification was imposed and if the original disqualification was for longer than four years, then half the disqualification period must have elapsed before any such application can be made.
What will the Court Consider in Deciding Whether to Remove a Disqualification?
The court then has a very wide discretion to consider the return of a licence early, having regard to the applicant’s character, his conduct subsequent to his conviction, the nature of the original offence and any other circumstances of the case, they can remove the disqualification.
The application has to be made to the original court that imposed the disqualification, this could be to the Crown or Magistrates Court.
How Can We Help?
We have considerable track record of success in relation to these applications, as it is a discretionary power and so long as some good reason can be shown as to why the licence should be returned early, for example a new job prospect or perhaps some pressing need within the applicant’s family, then such applications are often successful.
The court has the power to remove the disqualification or refuse the application altogether, however the court also has the discretion to remove the disqualification “from such date as may be specified in the order” and so on occasions, we are able to persuade the court that whilst it may not yet be appropriate to return a driving licence, upon the passage of some further period of time the application can be granted. Additionally if refused, it is possible to renew the application once again before the court once three months has elapsed.
Please contact us to discuss how we can help