Applying for a reduction in disqualification period remaining after awareness course

Convicted Driver Insurance

Playdo

New Member
I have been disqualified 3 times: in 2002, 2011 and 2015. I was sentenced on Oct 22, 2015 for failudie to provide a specimen as follows: 12 weeks custodial suspended for 1 year, 60 month disqualification, alcohol rehabilitation and offered an awareness course which I have completed.
On the DVLA site my details indicate a ban of 3 years 10 months and 7 days and the date of August 28 2019 when I am eligible to reapply. I read the section on applying to the court for a reduction of the remaining disqualification. 2 years were up on Oct 22nd. Half the ORIGINAL period ie 30 months is up on April 30th 2018. When should I write to the court to ask them to consider a reduction in disqualification period?

I have had alcohol issues for a number of years. I attended residential rehab and attended AA meetings following the 2nd ban. I got a job in 2015, neglected my programme and convinced myself I was recovered and picked up a drink very soon afterwards. Following my failure to provide social services removed my children and I immersed myself in the AA fellowship while fighting for their return. I have been abstinent since my conviction as I have accepted that I am an alcoholic and cannot drink safely. Ironically, the biggest challenge in sobriety without a car, is accessing AA meetings and support as I live in a rural village with poor public transport. I nonetheless manage to get to at least 3 meetings per week. My children are back in my care and a 1 year supervision order granted by the court to Social Services is now spent.
 
You can apply to the court for an early removal of your ban after 2 years or half of your disqualification, whichever is greater.

The relevant legislation for consideration is section 42 (3) Road Traffic Offenders Act 1988, namely:

No application shall be made...for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the date of the order by which the disqualification was imposed, that is—(a)two years, if the disqualification is for less than four years,
(b)one half of the period of disqualification, if it is for less than ten years but not less than four years,
(c)five years in any other case;

In your case the relevant period is therefore 30 months and the correct stage to reapply would therefore be April 2018. You will have to make an application to the court where the original ban was imposed and will need to ensure that you serve notice on the local prosecuting force. The matter will be listed for a hearing when evidence will be heard. The improvements you have made and the reasons for requiring your licence back now will be considered by the court amongst other issues. If you require representation for this you can contact a specialist to assist on 0333 200 9859.
 
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Thanks for getting back to me. I am now however confused. I saw the "request callback" option only after I had posted my thread. Your colleague gave me the opposite advice ie that I must wait until the end of April as it is half the disqualification ordered by the court and NOT half the disqualifcation remaining after the drink awareness course. Which period is correct?
 
Apologies for the confusion. I have reconsidered the original post, spoken with my colleagues and have clarified the position in an amended response to your post above. I hope that now clarifies matters but please do contact me again should you have any further questions.
 
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