Removal Of Disqualification Court Application Letter

Convicted Driver Insurance

Wickwick

Member
I am applying to the court this week in accordance with section 42 of the Road Traffic Offenders Act 1998 for the early removal of disqualification.

In reference to section 29.2 (2) of The Criminal Procedure Rules October 2015 - Application to remove a disqualification from driving, states the following:

(2) A defendant who wants the court to exercise that power must-

(a) apply in writing, no earlier than the date on which the court can exercise the power.
(b) serve the application on the court officer; and
(c) in the application-
(i) specify the disqualification, and
(ii) explain why the defendant wants the court to remove it

I am currently compiling this letter and want to know what level of detail is required within the application letter itself. Do I submit my whole case within this letter detailing my reason - job opportunity, change in personal circumstances attitude and subsequent behaviour with covering letters and any evidential material etc etc, or do I just state the main reason and leave the rest to a personal statement to be submitted in court??
 
You need to apply in writing, setting out all the grounds why you feel you should get your licence back.
if you just say, 'I want a hearing to apply for my licence back, the CPS will not have to opportunity to consider what approach they will take with your application. If you just send a short letter, CPS would be likely to apply for an adjournment to consider what you tell the court on the day, which would just delay the process.
I have advised on here before about what you need to put forward, but here is the general advice on S42 applications:

The court will take into account the following factors before allowing the application and the Crown Prosecution Service have a right to comment on the application:
  • Your character and your behaviour since the ban was imposed.
  • The nature of the original offence
  • Any other circumstances that the court feel ought to be taken into account – for example individuals that are suffering due to your ban e.g. children that rely on you


It would be relevant for you to say about the alcohol treatment order being discharged (do you have a letter confirming that?) your Certificate of Completion from the drink drive course and anything about hardship that others are suffering. You mentioned job opportunities if you get your licence back. Have you got that in writing? That can help, but the main emphasis needs to be on what getting your licence will do for others. DO NOT say how hard it is for you........ It is supposed to be and it will not help your case at all!
you do not have to submit actual documents with your application letter, just refer to them and have them available at court, with a second copy so CPS can see it at the same time that the magistrates see it.
 
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Thanks once again for your reply. I contacted the probation service and they said that the lady who dealt with my case had left the service therefore no one was in a position to write me a reference and furthermore they said they would not provide me with a conformation letter either. All they did was give me a case number that I could refer to in my letter and the date I was discharged from attending.

I take on board what you say about personal hardship and I certainly won't be indicating any of that.

Can you give me an idea of letter size? I'm paranoid of "over doing it" plus I'm a little concerned that using multiple reasons may appear to sound like a tall story as in "oh I've got a new job and my grandma has broke her hip etc etc" I do have a few personal reasons that I could add (I will private message you on those if that's ok to get your thoughts).

Whatever happens I'm going to fully document all this on here from start to end so that this can be a reference for others too.
 
You should quote whatever reasons are relevant. If there are 5, nothing wrong with quoting all of them.
the layout is important so that each reason is focussed.
I was banned for 3 years for drink driving at this court on xx xx xxxx. I have now served 2 years of the ban i am applying to the court for the early restoration of my driving licence.
The reasons are (numbered):
1
2
3
(a short outline of 30-50 or so words on each)


You produce any documents in support at court, you can make a couple of copies so that the CPS and the magistrates can look at the same time, but make sure you have the original with you.
You will have to give evidence during your application, so be prepared to be questioned by the magistrates and CPS about what you have said. If relatives need you to transport them, why cannot another relative do it, if it is only infrequently, why can't they get a taxi etc.
i am happy to review anything that you prepare.
 
Well just to let everyone know was in court today and was successful. So so thankful, never again!!!!

Applied to the court by letter stating my reasons at the two year mark (not one day before!!), took 28 days till i got a hearing.

Represented myself, Clerk of the court read my letter out (the letter i sent in requesting removal, very detailed aprox 1.5 sheets of A4)

They asked me if i had anything to add, I showed remorse and backed up the main points of my letter (brief 1 minute talk)

They adjourned for 10 mins

They then came back and I had to take the oath. They asked me if I'd been in trouble since the offence (no). They also asked me what I'd done to address my drinking.

Then that was it.

Now I've sent my D1 off with a court letter attached showing the removal and am waiting for my reply to book a medical. Disqualification removal wasn't granted till next week so i hope the DVLA don't mind me sending it in early on the basis i need to sort the medical out (after all you do all this prior to a normal HRO ban expires!!)

Thanks again to Price, you were a great help and support, and to all the others that responded

If anyone is in a similar situation please feel free to ask. Im so glad this horrendous chapter to my life is nearly over. Never again - Don't drink and Drive!!!!
 
If this is still apart of your emails can I have copies of what you wrote please as I'm about to appeal for my ban to be over. Tha ks
 
Hello All

I hope you are well. I am too in the process of completing my early removal of disqualification letter and would be grateful if anybody could please share a copy of their letter too.

Thanks in advance for your help.
 
I'm also in the process of this but I am struggling to put words to paper with having special needs. Any help with this would be much appreciated
 
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