Applying for licence after 2 years

Convicted Driver Insurance

pjh1

Member
Hi everyone
I have just been convicted of my 2nd drink driving offence within 10 years therefore received a mandatory 3 year ban . My question is will I be able to apply to the magistrate after 2 years or will I need to serve the full 3 . I seem to be getting different opinions .
 
you will be able to apply after 2 years but it is by no means certain that it will be granted. You will have to show the need for your licence back, not just that it is causing hardship to you, after all, it is a punishment!
The best way to apply is to show the benefit that others will get from your licence being restored early or the job opportunity for others that it will create. You will also have to show what has changed in your life to indicate that reoffending is unlikely.
Were you offered the Drink Drive Rehabilitation course? That is the simplest way of reducing your ban by up to 25%.
 
Thank you for reply . No I was not offered the drink driving course do you know if it is possible to write to the magistrates and ask for it ?
 
That isn’t possible. It has to be offered on the day before the court case is finished
 
Thank you . Because I have long term mental health problems I contacted a national law firm who specialise in DD as my charge was failing to provide a breath sample at the police station after an accident in the recent snow. They told me that the police had not followed correct procedure as they should have called out a mental health worker straight away citing a recent case called the Miller case as my defence I was advised to plead not guilty . I was told that all that would happen is that I would plead not guilty and a trial date would be made but on the day I had a circuit judge who made several comments and adjourned for me to reconsider I was given poor advise and my anxiety levels were sky high I had been there from 9.30am to 4pm so I changed my plea to guilty .My so called lawyer said nothing had no hard copies of a doctors letter , character references etc and I had no chance to speak he even told me afterwards when I asked that because it is a mandatory 3 year ban I could not apply after 2 years .
The company originally said that the guilty plea should not have been accepted if a P.E.T form had been presented and that the case could be reopened but I have already paid them a awful lot of money and to do this they want a awful lot more . I feel I have basically been ripped off by them as they obviously provided a very poor lawyer .
 
It sounds like you were given very poor advice. Drink drive is one of the few offences where you are not entitled to any advice - even a solicitor - before being asked to give a sample.

Unfortunately once you have plead guilty it is very difficult to do much to much to reverse your plea - the assumption is most adults with capacity would not plead guilty to an offence you haven't committed. The judge may have done you a favour if the solicitors were rinsing you. A contested trial has considerable CPS costs - usually £620. Remember solicitors get paid win or lose. I have seen judges asking defendants to reconsider their case when they have no realistic prospect of acquittal and greedy solicitors.

As @price1367 says asking for your licence back after two years doesn't require solicitors - the reason why you have changed, and need your licence back is best coming from you anyway. It isn't an automatic thing though, you need to put some thought into your case.
 
Thank you for your reply .
The cost required even to get reconsideration for the case to be reopened from the solicitor was astronomical and if it was and went to trail I was looking at a cost of around £3500 and could still have been found guilty and received a higher penalty . Basically financially I cannot afford to . I have lodged a complaint with the solicitor in regard to the very poor handling of my case by the lawyer provided and asked for some offer of reimbursement of the £1150 already wasted before I go to Ombudsman .

Thank you for advise on applying for the early return of my licence which makes sense.
Can I literally have everything ready by the end of 2 years and start my application the next day and would you know roughly how long the process takes ie weeks or months .
 
The court will write to the DVLA to tell them they have reduced your ban if successful. There is no reason why you couldn't apply the same day, although it would be wise to include a covering note explaining the circumstances in case your application is processed before the notification from the court.

After that you will need to have the HRO medical which can take a couple of months, so you won't quite be reducing your ban by a whole year, as you can start the HRO process three months before your original ban ends, meaning (in theory) your licence should be ready at the end of the three years.
 
Thank you do you know how long the process takes from applying to the court and being heard by the court ?
 
It depends on the court, how busy they are, how often they hold motoring offence sessions. You can't make the application in advance, it has to be done after two years have elapsed.

Around here it seems to be about two weeks. If they say it will be longer you could ask them if you could attend on a day when they are hearing motoring cases and if there is a free slot take it. Then on the day you go nice and early, explain the situation to the ushers (people walking around with clipboards) and ask really nicely if they could consider you for any free court time.
 
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