Applying to the Courts Question/Drink Driving Course

[andrewjames]

Hi all, I am a new member, but I been reading this forum on and off for a while now to see others problems/solutions.

So I was banned on August 22nd 2012 for a total of 38 months (2nd time banned, 1st ban was 9yrs prior) I have really learnt my lesson this time around as I live in the sticks and day to day living is a real pain.

I was offered to attend the drink driving course which would allow me to have my licence back on 7th January 2015 instead of October 2015. I have the 3rd part of this course to attend on Saturday and I will have completed this allowing a 25% reduction in my ban.

So my question is am I still allowed to apply to the courts for having my licence back early on August 22nd, as my ban will be under 3 yrs because of the course. I did call the courts this morning as my teacher at the DD course advised to get a date booked in to the courts for after the 22nd. I will be writing my email this evening to get the ball rolling, just wondered if anyone was in the same boat or new the answer to this questions.

Thanks

 

[price1367]

Andrew,
Yes, you can apply to the court for the restoration of your licence once half of your disqualification is up, subject to a minimum of 2 years.
you would have to show the benefit to you, and particularly to others, that would come from you getting your licence back. The ban is intended to punish you, and you have to demonstrate that the benefits of the court reversing the ban will outweigh the need for you to be punished. You have done a rehabilitation course, so you can put that forward as evidence that you will be much less likely to repeat the drink drive offence again.
Applying to the court to get your licence back is something I would suggest that you use a solicitor for. You can apply yourself but the application needs to be worded carefully and the outcome is my no means certain.

 

[andrewjames]

Thank you very much for your response.

I would get a solicitor but the difference in 4 months reduction for a £1000 fee might not out way if they where to say no.

I live 15 miles from work, no public transport, mother having type 1 diabetes, as well as other conditions, which often she can become weak and not always feel fit to drive, as she is giving me a lift to and from work everyday, and my father currently working in Hong Kong and wont be home till at least January, and my mother visits him a few times a year, then have to stay with friends which i hate to ask or work colleagues going out there way to take me home as it can be 15 miles in the wrong direction, also she is thinking of moving there, no other family within the area, all 150 miles away. if any thing happened to her, I have no means of getting to her or helping her, nor getting myself to work.

Also a licence isnt needed for work it self, but would help for course they want to put me on, and client visits would help also.

I am sober now and do not drink at all, not even special occasions, not been in trouble with the police since the drink driving. I think this may be enough of a reason without a solicitor.

What do you think?

 

[price1367]

You are not likely to succeed just by saying 'it would be a lot easier for me if I could drive, you need to make out a case for it being necessary for you, and for others. Saying about the hardship it is causing your mum, with her illness, is good, and could you get a letter from your employer saying about what extra work you could do if your licence was restored early? What about public transport...... Why don't you use that?
This is what you can expect the magistrates to ask, so be prepared to answer that.
i have seen a post on here last month where someone said they were applying for licence restoration and ad been quoted £300 by a solicitor. I am not sure you will get a specialist solicitor for that. If you are confident that you can address the magistrates in person, but treat the visit as an application for the restoration of a licence, rather than a personal (and possibly too emotional) plea to be allowed do drive early..... Then you could do it yourself.

 

[andrewjames]

Thanks again for the reply, yeah this is the issue, there is no public transport at all, nothing at all, it all goes gloucstershire way, and I work Oxfordshire, if there transport I could cope with out a licence.

I will call a solicitor for a quote cant see how that could hurt I guess.