It is possible to petition a court to have a driving ban lifted early in specific cases.
If your circumstances have changed since you were disqualified, it is worth speaking with one of our criminal law experts to see if you qualify for this legal option.
Is legal aid available?
Legal aid may be available if you meet certain criteria. At reasonable costs, private representation is available.
What are the rules?
You can ask the court to reduce your disqualification period after you’ve 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
Clients who have been disqualified for a second drink-driving offence frequently inquire if they, too, can apply.
Yes, despite the fact that 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 applicant’s plight.
What are the criteria?
The law states:
“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, it must be proven that there is a compelling cause for the ban to be lifted, such as career opportunities, dependency on a vehicle for caring responsibilities, physical immobility, and so on.
Will the application be opposed?
Because it is extremely rare for an application to be denied, we work extremely hard to ensure that a compelling argument is presented to the court.
Returning your driver’s licence by simply showing up and putting yourself at the mercy of a judge is doubtful.
If the application is refused, can I make a further application?
If your application is refused, you can re-apply again but must wait at least three months from the date of refusal.
How we can help
At Levy & Co, we can assist in preparing and presenting your application to the court. Our experienced team have significant advocacy expertise and are best placed to secure the return of your driving licence. Contact us today!
How can we help?
We ensure we keep up to date with any changes in legislation and case law so that we are always best placed to advise you properly. If you would like to discuss any aspect of your case, please contact our team of criminal defence specialists on: 01376 511819