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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 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 0800 804 8159, or by filling in our online enquiry form to request a call back.
Making an Application for Early Removal of Driving Disqualification
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.
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 help you to prepare a strong case for the return of your driving licence by helping you 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.
Am I eligible for early removal of a driving ban?
You are able to make an application for the early removal of a driving disqualification in the following circumstances, which are provided in Section 42(3) of the Road Traffic Offenders Act 1988:
- If you have been disqualified for fewer than four years, an application can be made for the return of licence after two years
- If you have been disqualified for more than four years, but fewer than 10 years, an application for early release from a ban may be made after half the period of disqualification, for example, if you have been banned for eight years, you may apply for the return of your driving licence after four years
- An application can be made after five years in any other case
An application may only be made to the Magistrates’ Court once the above minimum periods have expired.
If my first application is unsuccessful, can I apply again for the early removal of a driving ban?
If an application has not been accepted by the courts, you may make a new application after three months.
For more information and legal advice on driving disqualification and to get your defence off to the best possible start, contact JMW today. Do so by either calling us on 0800 804 8159 or by completing our online enquiry form, which will enable us to give you a call back at a convenient time.