Re-Apply for Licence Early

[pipthedog]

Hi all, just looking to pick some some brains, I was convicted of drink driving May 2012, long story, I appealed the decision of the Magistrates to convict me, it took some time to get to Crown Court due to legal wrangling etc in June 2013 the conviction was upheld and I was sentenced to 4 months custodial and a 4 year disqualification, because of our legal system I had no further right to appeal, I did fall out with my solicitor as he changed my barrister the morning of my trial, the new barrister never understood the case having a full 20 mins to review it before going to court, this in my opinion was why i was found guilty, I was convicted with 122 mg, it was my second conviction previous one was 2005, how do I go about applying for my licence, is it from the date of the Magistrates hearing or the Date of the Appeal Hearing? Iam coming up to the 2 year mark from the Crown Court Trial, so will I apply to the Crown or the Magistrates, if the halfway point is June 2015 from Crown then can I start the ball rolling now, or will I have to wait until June

 

[SeanJoyceStephensons]

As you appealed the matter to the Crown Court this will be the relevant date from which your disqualification began, presuming that the disqualification was set aside pending the appeal as it should have been. You will also need to apply to the Crown Court that sentenced you. You can write to the Court in advance of the 2 year mark, and indeed I would advise that this is the best thing to do as it leaves the Court with sufficient time to deal with your application and to list a hearing as soon as possible after the 2 year period has passed.

You will need to demonstrate to the Court that there is a pressing need to have your licence reinstated, not that it will simply be convenient to have it returned. It is often worth having legal representation, firstly because there is specific information that the Court want before listing any application, and also for representation at the actual hearing itself, especially if it is in the Crown Court. If you are interested in representation you are welcome to call my department on 0333 999 7158.

 

[pipthedog]

thanks, would the fact that I have started my own business with funding from a charity go in my favor, its a furniture business and whilst my wife is very supportive and does the driving, It would be much more beneficial for me to drive as the business is limited due to time constraints of wife commitments

 

[SeanJoyceStephensons]

Any benefit you can show to having your licence returned will be in your favour. Unfortunately I cannot advise specifically on whether this particular aspect would make a significant difference to your application as I would need to discuss this with you in much more detail to advise properly.