Is It Possible To Reduce My Three Year Ban?

Convicted Driver Insurance

Cantona

Member
Hello Everyone.

I am currently into the tenth month of a three year ban for failing to provide a specimen for analysis charge. Before this five years ago i was banned for two years for Drink driving [reduced six months to one half years after i completed a DD course]

Can i somehow try after a period of time to get my current ban reduced ? I am unsure as i have already done an awareness course they lowered my old ban.

At present i am at college and am in the final year of becoming a tree surgeon. When i finish i would need to drive to get to jobs so i am in a difficult situation.

Any help is really appreciated.
 
You are able to apply to have the disqualification lifted after serving 2 years of a 3 year ban. You must appear before the court that banned you to argue your case. There are specific criteria that the court must rake into account. The key to success is good preparation and the production of all the appropriate evidence in support of your case. Give us a call on 08450020736 when you are ready to apply as I am confident we can help. We have years of experience in making these applications with good success rates.
 
Thank you for your reply Sean. That does give me some hope to lift the gloom away. Could i ask what exactly are the 'specific criteria' you mentioned please ?

Also the offense was in Worcestershire, i noticed on your website that you are mainly around the north west. Would that be an issue or would i be entitled to legal aid to fully cover you coming down the M5 for a appeal ?

Regards

Cantona.
 
I am afraid that the legislation is a but vague but it says (and I quote verbatum):

"Removal of disqualification
(1)Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.
(2)On any such application the court may, as it thinks proper having regard to—
(a)the character of the person disqualified and his conduct subsequent to the order,
(b)the nature of the offence, and
(c)any other circumstances of the case,
either by order remove the disqualification as from such date as may be specified in the order or refuse the application"

It is a question of putting together as strong an argument as possible with as much evidence as possible, to deal with the criterian listed in subsections (2) (a), (b) and (c) above.
 
Once again, thanks for the swift reply Sean.

I also mentioned that the offense happened in Worcestershire, i noticed on your website that you are based all around the north west. Would that be an problem or would i be entitled to legal aid to fully cover you coming down the M5 for a appeal ?

I also would like to ask, when exactly is the best time to get in touch, just before the second year or when the second year anniversary date passes ? How long does it normally take these appeals to get to the court room ?

Once again, thanks for your responses - It's a great weight off my mind.
 
Geography is not a problem. In fact I have a case in that general area on Monday. We have lawyers all over the place and can cover every court in England and Wales.

However, because you are not facing a criminal offence, legal aid is never available in a case like this. You are not appealing, you would be applying for the early removal of a disqualification. You would have to fund your legal costs yourself.

The best time to contact us would be about two months before the two year point. This gives us time to prepare so we are ready to go as soon as the two years are up.
 
Thank you Sean, your advice has been most appreciated.

It is possible you could send me an average prices of legal costs for this type of appeal via PM ?

I'll look forward to hearing from you.
 
Hello Sean. Happy New Year.

I wanted to get in contact as today i found an old piece of paperwork which turned out to be the certificate of completion for the drink driving course i took at the time of my first offense.

I had a look and actually i was wrong that i had been caught twice within a period of five years. In fact looking at the paperwork my first offense for being drunk in charge of a motor vehicle was 31 October 2003. That was the date the sentence was passed according to the paperwork. My second offense for failing to provide was December 2009.

How would the court look at that if i did try to go for an appeal. I understand that now i have a failing to provide a specimen that i am classed as a high risk offender, but would this change anything ?
 
Are you certain that your first offence was for being in charge of a motor vehicle with excess alcohol? In your first post you referred to drink driving.

If your first conviction was for being in charge, you should not have automatically received a 3 year ban. This is a mistake that is sometimes made in sentencing, however the guidelines make it clear that only convictions for offences actually involving driving or an attempt to drive should trigger the 3 year ban.

If this mistake has been made then this is an avenue which we should pursue immediately. There will be considerable urgency as the deadline for an appealing against sentence is 21 days. We would have to make an appeal well out of time. Time is therefore of the essence.

I would be grateful if you could check again to confirm the nature of your first conviction. If it was for being in charge you should contact myself or a member of the team immediately on 0845 002 0736 to discuss the possibility of an appeal.

Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
Thanks for the swift reply Carl.

I am 95% certain that my first offense was for ''being in charge with excess alcohol''. This was in October 2003. For that offense i received a standard two year ban with an option to undertake a drink awareness course which i completed.

My second offense for failing to provide a specimen for analysis was December 2009. This was in excess of five years of the original offense.

I would like to ask two questions, how would i clarify my information about both offenses & what are you views on a successful appeal in my case ?

Once again, Many Thanks.
 
That tallies with the sentence you referred to in your first post. In those circumstances it does appear likely that it was an allegation of driving with excess alcohol as opposed to being in charge. A disqualification of 2 years would be in excess of the sentencing guidelines for an offence of being in charge.

If you wanted to check this definitively we would need to liaise with the Court and obtain the memorandum of conviction in respect of the first offence.

If it was the case that your first offence was being in charge of a vehicle, your prospects on appeal would be determined by the facts of the second offence. If those facts in themselves were insufficient to warrant such a lengthy disqualification then you would have a good prospect of a successful appeal against sentence.

Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
Hi Carl. I have been in contact with the court today and they have told me that the first offense, in 2009 was for ''drove motor vehicle with excess alcohol''.

If i did lodge an appeal do you think i could take my final year of the sentence ? I would like to hear your point of view on this.
 
As it was an offence of driving, this precludes an out of time appeal against sentence.

As for making an application for your disqualification to be brought to an end after 2 years, yes, there is a very real possibility that this will be successful.

This will ultimately be determined by the facts of both offences and any relevant factors regarding your personal life.

In order to maximise your chances of success, the application should be properly prepared and if necessary supported by the appropriate evidence.

In order to properly prepare the matter, it would be wise to instruct us 2 - 3 months before the application can be made.

Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
Thanks for your response once again Carl.

I wonder, in what respect does a successful appeal change the way that the DVLA has over me in taking the medical they require me to do ?
 
If you were successful the medical would still need to be completed as this is a separate matter to the disqualification itself. That would be dealt with when your application for a license is submitted at the end of the disqualification.

Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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