Applying for a Licence After a Ban – Early Return of Licence
We have years of experience appealing Early Return of Licence driving cases.
For help in applying for your driving licence after a ban, call for free initial advice 0800 999 5535
Success Rate* From Jan 2018
*Based on results from Jan 2018
Applying for a driving licence after a ban
Early Return of Licence
It is possible after having had a ban to ask for your licence to be re-instated earlier to the court that disqualified you.
We help numerous clients prove that they should be allowed their driving licence reinstated and navigate the pitfalls of dealing with the CPS who almost certainly will oppose any application. The court will take the following into account:
- Character of the person making the application
- Severity of the offence(s)
- Reasons as to why they should consider the application
Building your case
Although being disqualified from driving can have a major impact on your life, the courts are not easily satisfied. Arguments must be strong; these can include:
Family Issues – Family breakdown with children who require you to be able to drive;
Health Issues – If you or a member of your family has any health issues that require you to drive;
Employment Opportunities – A new job or employment that is dependent upon you having a valid licence.
These are just a few of the arguments that can have a bearing in the court.
In order to be eligible to apply for the early return of a driving licence, you must have:
- Served 2 years of a disqualification of 4 years or less; or
- Have served half of the period of disqualification if the original sentence was for a period of between 4 to 10 years; or
- Have served a minimum of 5 years if your original disqualification was for a period of 10 or more years.
If you meet these criteria, then it is possible to apply in writing to the Court that originally sentenced you.
FAQs – Early Removal for Disqualification
How do I make an Application for Early Removal of Disqualification?
Can I go to a different Court for the one that I was convicted for?
Can I make the Application for Early Removal prior to the minimum 2 year period?
In short, you can make the Application for Early Removal of Disqualification after a period of 2 years if the disqualification was for a period of 4 years or less.
If the disqualification is between 4 to 10 years – you can only make the Application for Early Removal of Disqualification after one half of the period of the disqualification has expired.
If the disqualification was for more than 10 years, then you may make an Application for Early Removal of Disqualification after a period of 5 years.
What is the difference between an Appeal and an Application for Early Removal of Disqualification?
An Appeal can be against conviction or sentence. You have 21 days in which to lodge an Appeal against conviction or sentence.
An Application for an Early Removal of Disqualification is not an Appeal. The application is in relation to the Court giving consideration for you to put forward your case as to why you now need your driving licence back.
What considerations will the Court use to grant my Application for Early Removal of Disqualification?
Examples include, employment opportunities that are dependant on the ability to drive, health issues such as driving a member of your family that is in ill health and family issues such as family breakdown and contact with children.
Do I have to appear at Court to make the Application for Early Removal of Disqualification?
At Millars Solicitors we will address the Court on your behalf and put together a strong application.
From Our Clients
Date: 1st March 2019 Place: Manchester City Magistrates Court Offence: Driving with Excess Alcohol Defence: Mitigation Carl Millar represented Miss O who had a very high reading of alcohol in her breath at 133 µg of alcohol in 100ml of breath. The Magistrates Court...read more
Date: 20th March 2019 Place: Kidderminster Magistrates Court Offence: Speeding in excess of 100mph Defence: Mitigation Mr W was very concerned about being disqualified from driving as he was travelling in excess of 100mph. The Magistrates Court Sentencing Guidelines...read more
Date: 5th March 2019 Place: Crawley Magistrates Court Offence: Failing to Stop, Failing to Report and Driving without a valid Driving Licence Defence: Mitigation Millars Solicitors represented Mr M who appeared before Crawley...read more
The police must prove to the court that you are guilty of the offence for which you have been charged. This must be proved beyond reasonable doubt. See how we have helped our clients defend their plea.
About Keep My Driving Licence
Keep My Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or your can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.