Early Removal of Driving Disqualification

If you have been disqualified from driving, you can make an application to have the ban removed after you have served half of your disqualification, with a minimum of two years served for a four-year ban.

JMW’s driving offence solicitors specialise in making applications for the early removal of driving disqualifications. We have successfully helped many clients to have bans lifted and are readily available to provide advice and a no-obligation consultation today.

To find out if you are eligible for the early removal of a driving disqualification, speak to one of our solicitors today by calling 0345 872 6666, or by filling in our online enquiry form to request a call back.

How JMW Can Help

We are specialists in all types of driving offences, so have a firm understanding of the laws relating to this area. Our team has helped many drivers get back on the road early by helping them to make a successful application and representing them in hearings. When you initially contact us, we will be able to tell you if you are eligible to make an application and what your prospects are for success.

Your solicitor will then lodge the relevant paperwork and act to ensure your application is heard as soon as possible. We will then prepare a strong case for the return of your driving licence by working with you to gather any supportive evidence and representing you at court during the hearing.

Throughout proceedings we will keep you up to date on the process of your application, explaining all of your options in clear, plain English so you can make the best decision for your future. As a partner-led team with many years of experience and a strong track record of success, JMW can put you in the strongest possible position to have your licence returned.

Meet Our Team of Driving Offences Solicitors

Our specialist motoring offence solicitors have helped many clients to make an application to have a driving ban removed.

Can I Apply for the Early Removal of My Driving Disqualification?

A person disqualified from driving can apply to have the licence restored after half of the time for which they were due to be disqualified has elapsed under Section 42(3) of the Road Traffic Offenders Act 1988, although minimums apply. For example, you can only make an application for the early removal of a driving disqualification after a minimum of two years, if you were disqualified for fewer than four years.

There are no other eligibility requirements for such applications, but the court has discretion to uphold the original disqualification period or make other determinations based on your specific circumstances. If you were disqualified for 10 years or more, you can apply to the court after a minimum of five years.

An application may only be made to the Magistrates’ Court once the above minimum periods have expired, and it is often best to seek legal representation if you wish to do so. A solicitor can make a strong argument in your defence and provide supporting evidence that can enable you to retain your licence.

How Long Must I Wait Before Applying?

You cannot apply for the early return of your licence until a minimum disqualification period has expired. This is determined by the overall length of the ban you received, as explained in this table:

These are the statutory minimums under Section 42 of the Road Traffic Offenders Act 1988. The court will only grant the application if it is satisfied that early removal is appropriate in a disqualified driver's particular circumstances. As such, working with a specialist road traffic solicitor is the best way to improve your chances of having your ban removed and your licence restored.

solicitor is the best way to improve your chances of having your ban removed and your licence restored.

How to Apply to the Court for Early Removal

An application for early removal of driving disqualification must be made to the Magistrates’ Court that imposed the original ban. You must also send a notice to the relevant Chief Constable. There may be a court fee to pay for the lodging of the application.

If you are eligible to have your driving disqualification removed, a hearing will be held to decide whether or not a magistrate will exercise their discretion to remove the ban. A decision will be made by the court considering any relevant information, such as:

• The nature of the original offence that resulted in the disqualification
• Your conduct throughout the time of the disqualification
• Any job offers requiring you to hold a valid driving licence
• Any specific needs that require you to be able to drive

You will be required to attend the hearing and present evidence as to why your licence should be returned. The police will also usually be represented at this hearing and may challenge your application.

What Evidence Should I Bring to Court?

The evidence you bring should be aimed at proving that you have genuinely changed, and that there is a proper reason to restore your licence early. Your solicitor will help you to gather evidence and build a case that demonstrates this argument on your behalf, which may include:

• A clear witness statement from you, in which you acknowledge what happened, accept responsibility and outline why you need your licence back.
• A copy of a clean criminal record if available, evidence of no further motoring matters, probation or court compliance, and proof you have not driven while disqualified can show good conduct since the ban.
• A letter from your employer confirming your role, why driving is needed and what will happen if the ban continues. If you are self-employed, you can bring contracts, invoices, business accounts, client letters, insurance documents or evidence of lost work.
• Letters from parties who are facing excess hardship because you cannot drive, whether that means taking children or elderly relatives to medical appointments, school runs, disability needs or caring duties. If you can supply evidence that public transport or taxis are not a realistic alternative, this can also help.
• Completion certificates for drink-drive rehabilitation, alcohol/drug treatment, counselling, road-safety courses, medical reports or evidence of lifestyle changes are particularly important if you were banned for drink/drug-driving, dangerous driving or repeat offending.
• Character references from people who know about the offence and the ban, such as your employer, a community leader, a colleague, or a professional contact. Each person should describe your conduct since your disqualification in their reference and explain why they believe you are responsible enough to drive again.
• Evidence of hardship caused by the ongoing ban, such as public transport routes/timetables, travel costs, taxi receipts, commute times, job-loss warnings, financial records, childcare logistics or medical/care travel needs.
• Your licence, driving record and other DVLA-related documents. These may include your original disqualification details, court paperwork, proof of dates served and anything showing whether you need to retake a test or medical before getting your licence back.

The court will not be satisfied on the basis of hardship. It will want to see both that family responsibilities or other obligations justify returning your licence, and that your conduct shows that there is no risk of reoffending once the licence is restored.

What Happens at the Court Hearing?

While the circumstances of every driving ban are different, a hearing follows a relatively straightforward structure. It will begin when you confirm your application to remove the driving ban early, and explain why you’re applying, which may include work, family, caring or medical needs. You will be asked to show evidence of good conduct, rehabilitation, hardship and why you are safe to drive again, and questioned by the magistrates or judge about the original offence and what has changed. When you work with JMW, we will take the time to prepare you for the hearing and help you to answer these questions.

If the prosecution objects to having your licence reinstated, the court may hear its argument before deciding whether to remove the ban early, reduce it from a future date or refuse the application.

How Much Does an Application for Early Removal of a Driving Disqualification Cost?

Every case depends on several factors, and the process of gathering evidence and mounting your argument before the court varies in terms of how long it may take. JMW offers fixed fee services to defend a number of motoring offences, which can make the associated costs more straightforward and predictable. Visit our page on fixed fees for driving offences to learn more.

Q

What are the next steps if the court grants removal of my driving ban?

A

If the court grants early removal, the usual next step is to get a written confirmation or court order to show that the ban has been removed or the new end date. Do not assume you can drive immediately until your licence status is updated and you are legally entitled to drive - you should check with the DVLA before driving, as in some cases you may need to apply to the organisation for your licence back.

Remember to arrange valid insurance before driving. You will need to tell your insurer about the conviction and the ban, even if it has been removed early, and you should keep any court paperwork confirming the end of your ban to minimise any risk of being accused of an offence.

Q

What if my application is refused?

A

If the court refuses your application to remove a driving ban early, you can usually reapply after three months, although you will need to supply new evidence of change in your behaviour and acceptance of responsibility.