going to court to apply for licence back after 2 years of 3 year ban

Convicted Driver Insurance

bWg

Member
hi,

i have a court date set for the 23/04/12 to try and get my licence back,i was sentenced to 3 year ban on 19/04/10 and have completed 2 years.I'm due to get my licence back on 19/07/12 but going to court as i do need to be not diqualified for my job,i don't need my licence back as such,i just need to be able to drive a forklift on the road.being banned obviously means i cant drive a motor veihcle on the road.

The company i work for has expanded to 2 buildings and as im the only forklift driver part of my job is to take things from building to building,work have been good uptill now but dragging pallets across a industrial estate by hand is no good and my job is at risk if i can't do what im supposed to do.

im representing myself in court,just wondering what my chances are,realistically of having my ban shortened?

obviously its my second offence to get the 3 year ban,i didn't do the drink driving course the first time but did this time (should be part of the driving test)

for this ban i was stopped by police,because of my back light being out (seriously it was) said the could smell alcohol,fair enough i had had about 6 pints - result about 110 in blood i think.

ive not been in any trouble of any kind since,i don't plan on driving a car as i can't afford it,just really don't want to lose my job for the sake of 12 weeks.

ive got letters from my manager and boss to take to court supporting me,how they want to keep my on and that,just finding it hard as i cant do my job propperly.

i know i was a prat,ive learnt my lesson this time , just any advise if ive got any chance would be great.

thanks
 
the problem with these types of applications are that you are asking the Court to vary a statutory sentence that was passed by a previous court, unless your advocacy and legal knowledge is of a good level then its a difficult application to make. The Crown Prosecution Service will send a Solicitor specifically to oppose your application and further there is case law that states a statutory ban ie, three years, is the least likely to be removed early.

However, this may all sound doom and gloom but thats not always the case. The application needs to be based on the key principles of loss of income and the effect that has on other people, simple inconvenience will never succeed and being subject to a long commute is also not helpful. The best submissions are personal ones that show a real committment to change and acceptance of the facts ie. I was ONLY JUST OVER THE LIMIT is pointless - ITS THE LEGAL LIMIT. The CPS will also refer to the facts of the original case so be fully prepared to explain what happened. Its one that a Solicitor will probably double your chances of success.
 
Hi,

a bit late but thanks for the reply,i couldn't be happier went to court today,said what i needed my licence back for and got my ban reduced. It was a bit nerve racking but was alright,a quick 10 mins hearing,had to go in the witness box.

The prosecution didn't oppose it so happy days,just got to wait untill my driving licence application is in.

£1600 lighter in the back for insurance but lesson learnt - DON'T DRINK AND DRIVE..

thanks
 
so the court bit was easy,if only the DLVA bit was too

wot a bunch of morons,court sent email to the dvla on monday which basically read - driving ban imposed 19/04/2010 to 19/04/2013 has been removed.

im guessing the welsh speak a different english because apparently they don't understand what that means,told me to get back in touch with the court and get them to send a reworded email.

spoke to court people,they were fantastic,resent revised email and even spoke on the phone to the DVLA court department who said ok it will be sorted.Around 100 phone calls later the morons at the DVLA still cant seem to understand im no longer banned and i should get back in touch with the court.

i give up,id rather have my sanity than be able to drive.
 
Sometimes too many departments make things very difficult. Dont give up though as you have come so far ! Let me know what happens next
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top