Many people do not appreciate that the law does allow you, in certain circumstances, to apply for your driving licence back before the end of your ban. For example following disqualification for drink driving. You need expert representation if you would like to apply for early return of driving licence.
Can I apply for an Early Return of Driving Licence?
You cannot apply for an early return of licence if your ban is for less than 2 years in total. The only option in these circumstances would be to appeal the conviction and/or sentence to the Crown Court. Unless there are clear grounds to do that (i.e. the sentence was manifestly excessive), you are unlikely to succeed in such an appeal.
If you have been banned from driving for longer than 2 years, you can apply to have your ban lifted early in line with the following guidelines:
- If you are banned for less than 4 years, you can apply after 2 years.
- If you are banned between 4 and 10 years, you can apply when you have served half of the ban.
- If you are banned for 10 years or more or for life, you can apply after 5 years.
It is possible to get your licence back early even if your conviction was very serious, resulting in a custodial sentence or you were a repeat offender.
How do I apply?
Getting your licence back early is not simply a case of making a simple written application to the Court. A full hearing has to be held in Court where you appear in person. You will need to present your argument as to why you need to get your licence back early. The ultimate decision rests with the bench of Magistrates or Judge.
The Court has the power the refuse your application to get your licence returned early. You will need a very good reason to reducte of the ban. Some examples are:
- A new job or promotion depending on driving again.
- Some health issue in the family, which would be helped by you being able to drive again.
- Charity work.
- Contact with your children.
Any additional information that could strengthen the application should be brought to the Court’s attention.
Expert Representation at Court – Early Return of Driving Licence
Poole Alcock has expert motoring and road traffic solicitors based in offices across Cheshire, the North West and the Midlands, including Birmingham, Manchester, Chester, Crewe, Alsager, Congleton, Sandbach, Northwich, Nantwich and Wilmslow. We regularly appear in Magistrates Courts throughout the North West for clients applying for an early return of driving licence. We are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.
