Early return of driving licence after drink driving ban

Convicted Driver Insurance

bil

New Member
I lost my licence august 1211 due to rink driving. I have lost my business, properties, self esteem. Ended up bankrupt

I had a breakdown and lost my daughter who I have been fighting for for over 12 months now. I live in a rural area and find it difficult to travel to see her. I also can not work as a self employed fitness coach.

Would the judge accept a plea from me to have my licence early. My ban runs out next August however I am struggling with day to day living.The representing solicitor advised the judge I was an outstanding member of the community and had acted totally out of character.

I look forward to speaking with you for some legal advice.
Regards
 
it all depends on how long your ban was for so please send me some more details for the offence and the sentence that was passed. i can then give you some more advice, many thanks
 
Hi

I have had a call from a solicitor contact.

I know I can apply 90 day before the expiration of ban which wil be May 2013. I have been advised that it is very unusual for a ban under four years to be granted spent anytime under two years.

Ban: 30 mths, less 7.5 due to me attending the drink drive awareness course. No fine, no community service, 6 hours probation, which was helpful.

I had a solicitor in duty who knew me and told the judge it was out of character, I was an upstanding member of community. I had a breakdown and have lost my daughter who I am fighting for through the courts to have her back, against her father. I have lost my fitness business and properties and alas had to go bankrupt. My partner is due an operation and will not be able to drive. We live in a rural area. I feel it would be beneficial to have my licence back, even if it has restrictions, to travel to see my daughter and to re-start my business.

I hope this is enough information.

Kind regards
 
you can apply for the early return of a licence after two years of the ban have expired so the application will have to wait until that time. You have a reasonable chance of success although the alcohol reading will have been high to get 30 months outright, the grounds that you put forward seem good although we would have to investigate them further and evidence them for the hearing on your behalf, in a case like this the more time we have to prepare the case the better, regards
 
Thank you for your response. I have submitted to the courts a request.

Please can you advise me what further details you require to help in this matter.

Date of court: 22/09/11
Holyhead Magistrates court
my DOB: 14/12/68

‘Loss of licence due to drink-driving’ August 2011.

I wish to make a request for an early reinstatement of my driving licence which I had taken from me by the court for drink-driving.
When I committed the offence I was under considerable duress from various personal situations which also resulted in me losing custody of my child. Since then I have lost my business, my investments & my home, am on benefits & living in rented accommodation in Rhosneigr. I would like to attempt to return to work, regain some independence, self-esteem & to feel useful again. I also hope to regain custody of my child. I am working hard to put my life back on track with some success & am not giving up.

To return to my profession as a self-employed fitness trainer will be impossible until I am able to drive myself to my classes (which I ran throughout Anglesey). I am currently applying for any job at all but having no success.

Any early reinstatement of my driving licence be very much appreciated.

Kind regards
[NAME & NUMBER REMOVED]

Thank you for your time.
 
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you have certainly made a good start and let me know what the Court respond, if you wanted us to provide an advocate for the hearing then we could certainly help in that regard. Applications of this nature do not attract legal aid and so any fees would have to be paid for privately just so that you are aware. Many thanks
 
Hi,

I received this from the courts. I will have to accept that I will have to wait.

I have read on the government site that I can apply 90 days before the expiration of my disqualification.

Kind regards

Dear Madam,


RE: Reduction in disqualification

Thank you for your recent e-mail sent to the court on 24[SUP]th[/SUP]September 2012 concerning the above matter. I have considered the legal options available to you concerning the above. Unfortunately, the court does not have power to remove the disqualification in your case. Although the Justices can remove a disqualification, the law states that 2 years of a disqualification must have expired before this can be done. Since you state that you have completed the rehabilitation course, your disqualification would expire on the 11[SUP]th[/SUP] July 2013. This means that your effective disqualification is less than 2 years and the power to remove is not engaged. The authority for this can be found at section 42 of the Road Traffic Offenders Act 1988. The only other possible option is an appeal to the Crown Court against sentence. You would first need permission to appeal out of time since the time limit is 21 days from sentence. I have checked the sentence guidance issued to the Justices and the disqualification imposed appears to me to be correct given the breath reading in your case. You should take legal advice if you intend to pursue this option since a failed appeal may lead to costs together with a review of the original sentence which could be made more onerous. If you require any further details or an appeal form, please do not hesitate to contact me. Yours faithfully,
 
hello, yes we could certainly help, it would need to paid privately of course but please call my office on 01942 774156 if you need an experienced advocate to help put your case forward, cheers
 
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