When Can You Apply To Reduce Your Disqualification?
If you have been disqualified for 2 years or more, then we can help you get your driving licence back. However, you must have served at least half of your disqualification already, or at least 5 years of it if the original disqualification was for 10 years or more, before the court will hear such an application. It’s a good idea to contact us before these minimum periods of disqualification have passed so that we can submit the application to the relevant court well in advance so that the hearing can take place as soon as is legally possible.
How To Make The Application
The application must be made in the following way;
- It must be made to the Magistrates Court or Crown Court that imposed the original driving disqualification.
- When the written application is lodged with the particular court a notice must be sent to the chief constable.
- Depending on the particular court there may be a fee to pay.
Once the application has been lodged and any required fee paid the court will then list a hearing to hear the application. You will be required to attend this hearing and give evidence. Applications are usually opposed by the Crown Prosecution Service on behalf of the chief constable of police.
What The Court Will Consider At The Hearing
In deciding whether to lift the driving ban, the court will give consideration to;
- The nature of the original offence that gave rise to the disqualification in the first place.
- Your behaviour since the disqualification was originally imposed.
- Any other relevant information that the court feels should be taken into account, for example;
- whether other people are being affected by your driving disqualification ( for instance children who you try to have contact with, or a sick relative you would like to visit more).
- whether being able to drive would make it easier for you to find work.
At Speeding Law Solicitors, we prepare such cases carefully, and where possible we back our arguments with documentation. Some examples would be a letter from a potential employer offering you work if you can drive, or in the case of a drink driving disqualification, a letter from your GP addressing any concerns that the court might have about your alcohol usage.
Possible Decisions That The Court Could Make
The court after hearing the evidence will either;
- Refuse the application outright.
- Immediately remove the remaining driving disqualification.
- Remove the driving ban from a fixed date in the future.
Why You Should Contact Speeding Law Solicitors
If your application to have your driving ban lifted is unsuccessful, you will not be able to apply again for at least 3 months. Also, any future application will probably be less persuasive. It is, therefore, very important that your initial application stands as much chance of success as possible. At Speeding Law Solicitors we believe in carrying out as much preparation for an application of this type as possible. The fact that we offer fixed fees allows us to put in the extra hours work without your bill being affected. We are also very persuasive in court. Mr Hatvany, our leading specialist solicitor, has an enviable success rate for applications of this nature. He frequently attends Birmingham, Southampton, Cardiff, Bristol, Coventry, Oxford, Reading, Portsmouth and Bath Magistrates Courts. He is also very familiar with Magistrates Courts in London. Even if your hearing is further afield, we can use one of our barristers from our expert panel, located throughout England and Wales, who can represent you at the hearing under Mr Hatvany’s supervision. As with every case, Mr Hatvany would still carry out all the preparation. Call Philip Hatvany now for a FREE telephone consultation on FREEPHONE 0800 909 8110.