Wheel or no wheel?

5th October 2021 Driving Offences

Driving disqualifications are usually imposed for serious driving offences or as a result of getting 12 or more penalty points on your licence within 3 years. The length of the disqualification is dependent on the nature of the offence and your driving record.

However, there could be a light at the end of the tunnel.

If you have been disqualified from driving by a Court in England and Wales, this does not necessarily mean that you have to remain disqualified from driving for the full term of the disqualification period. With expert advice from our specialist Solicitors, JMW can help to get you back on the road.

The boot of the matter – how do you know if you're eligible?

The Eligibility criteria is enshrined in legislation, under section 42(3) of the Road Traffic Offenders Act 1988, which provides that you may only make an application for the early removal of a driving disqualification in the following circumstances:

Disqualification Period

When you can apply for removal

Less than 4 years

After 2 years

Between 4 - 10 years

After half has been served

More than 10 years

After 5 years

 

Not sure how this applies to you? Do you have multiple driving bans for different offences and aren’t sure how to calculate the timeframe? Give us a call to discuss and we can advise you on the appropriate period for an application.

What is the procedure for early removal?

You can make an application to the Magistrates’ Court that originally imposed your disqualification for the removal of it, after you have served half of your ban and a minimum of 2 years. So if you have been disqualified from driving for 4 years, you can make an application after serving 2 years.

The application does not need to be heard by the same Judge or Justices that originally imposed the disqualification, but it must be before the same court, and the court cannot refuse to consider the application in general based on what they think the chances of its success may be. 

The disqualification itself also cannot be varied. The application for removal must either be granted, thereby reducing the period of the disqualification, or the application must be refused.

The application may only be heard once the above minimum periods have expired, however in order to avoid any delays we may make a request for your case to be listed before this so that your licence can be returned as soon as possible once the minimum period does expire.

You will be required to attend a hearing to present evidence as to why your licence should be returned. The Chief Constable of the relevant police force may be notified of your application, and they will also usually be represented at the hearing and may challenge your application.

Factors that the Court will consider when reviewing your application

  • The nature of the original offence for which the disqualification was imposed;If you are eligible to make an application for early removal, a hearing will be listed at which the Magistrates will use their discretion as to whether or not to remove the disqualification. They will consider the following:
  • Your conduct since the imposition of the disqualification;
  • Any other relevant information, such as requirement for work, family commitments or any extenuating circumstances.

How much will the appliacation cost?

The cost is dependent on the Court, and many courts charge between £180 and £250 for making the application for early removal of a disqualification.

To discuss our competitive prices and get a quote for the legal fees involved in making an application for early removal of disqualification, please get in touch.

Unfortunately, Legal Aid is not available for these types of applications.

What if my appliaction is refused?

If your application is refused, you will need to apply the brakes and wait 3 months before a further application can be made to the Court.

How we can help

At JMW solicitors, we understand that driving disqualifications can dramatically change lives, and we specialise in applications for the early removal of driving disqualifications to get you back behind the wheel.

We have a wealth of experience in this area, and have successfully secured early removals for a large number of our clients.

Whilst a Solicitor is not required by law to make an application, you will no doubt benefit from our expertise and maximise your chances of success with specialist legal representation to advise you.

If you have been disqualified from driving and would like to make an application to remove it early, please contact us for advice on how we can help. When you contact us, we will be able to advice on your eligibility and the likely prospects of success.

If you decide to proceed and instruct us, we will take care of all of the relevant paperwork to ensure that your application is lodged with the court and heard as soon as possible. We will prepare your case, drafting detailed submissions to the court in order to address their considerations and effectively challenge the original disqualification. We will also represent you at court.

If you would like to know more about removing your driving disqualification early, please do not hesitate to get in touch with Hojol Uddin on 0345 241 5305.

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Hojol Uddin is a Partner and Head of Department located in Manchesterin our Driving Offences department

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