Early return of Licence .

Convicted Driver Insurance

pjh1

Active member
Hi everyone .
I am due to attend court on Monday 17 May for consideration for the early return of my licence .
The reason I am giving is that I was diagnosed with Head & Neck Cancer in December 2020 and completed a course of Radiotherapy and Chemotherapy which ended in March but I need to attend numerous scans and appointments . I have been awarded a Blue badge by Bristol city council .

I am on a slow road to recovery of the treatment and still fitted with a feeding peg and find it hard to talk so my question is would I be able to have the duty solicitor on the day ?
 

price1367

TTC Group
You can ask for the duty solicitor and he MIGHT help if he is available but as it is not for an offence you are not entitled to have one.
Have you set out your reasons in the letter to the court when you applied for a hearing? You should have given plenty of detail then to allow the Police and CPS to consider if they want to object.
It does not prevent you from saying more at the hearing, but if you have not given much detail then CPS are much more likely to turn up in a frame of mind to object.
How are you attending those appointments now? If you are using public transport, why can’t you continue using it?
Have you tried speaking to the Red Cross? In many areas they will help with transport for people with cancer.
How long will your appointments carry on for?
(You have to remember that as you are a High Risk Offender you will have to go through the medical process which could take 3-5 months to go through before you can drive again, so if your appointments only last that long, there will be no benefit in giving you your licence back early for those appointments)
Is there anyone in the family who can assist? If not, why not?
Does your diagnosis, and treatment, pose any risk to you driving safely again now?
I am not trying to say you shouldn’t have your licence back early, Just pointing out that these are the things that you can expect to be asked by CPS and the Magistrates. You say it is hard to talk, but they will expect you to give some evidence in person even if you have persuaded the duty solicitor to help.
You should also say what you have done to address any alcohol issues you may have. The court will want to balance your needs with the risk you might pose by being given your licence back early.
You should write down all that you want to say, and sample answers to the sample questions I have given above so that in the event that you cannot have the duty solicitor you are prepared to deal with this yourself. It is conceivable that they may allow you to take an oath to tell the truth but then hand in written answers rather than talking if it is clearly very difficult for you.
Let us know how you get on......
 
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pjh1

Active member
You can ask for the duty solicitor and he MIGHT help if he is available but as it is not for an offence you are not entitled to have one.
Have you set out your reasons in the letter to the court when you applied for a hearing? You should have given plenty of detail then to allow the Police and CPS to consider if they want to object.
It does not prevent you from saying more at the hearing, but if you have not given much detail then CPS are much more likely to turn up in a frame of mind to object.
How are you attending those appointments now? If you are using public transport, why can’t you continue using it?
Have you tried speaking to the Red Cross? In many areas they will help with transport for people with cancer.
How long will your appointments carry on for?
(You have to remember that as you are a High Risk Offender you will have to go through the medical process which could take 3-5 months to go through before you can drive again, so if your appointments only last that long, there will be no benefit in giving you your licence back early for those appointments)
Is there anyone in the family who can assist? If not, why not?
Does your diagnosis, and treatment, pose any risk to you driving safely again now?
I am not trying to say you shouldn’t have your licence back early, Just pointing out that these are the things that you can expect to be asked by CPS and the Magistrates. You say it is hard to talk, but they will expect you to give some evidence in person even if you have persuaded the duty solicitor to help.
You should also say what you have done to address any alcohol issues you may have. The court will want to balance your needs with the risk you might pose by being given your licence back early.
You should write down all that you want to say, and sample answers to the sample questions I have given above so that in the event that you cannot have the duty solicitor you are prepared to deal with this yourself. It is conceivable that they may allow you to take an oath to tell the truth but then hand in written answers rather than talking if it is clearly very difficult for you.
Let us know how you get on......
Thank you that is very helpful and has given me plenty to think about and prepare .
 

price1367

TTC Group
Good, preparation is the key!
Don’t go in on a ‘wing and a prayer”.
Don’t think “they are bound to have sympathy with me.’
Make a strong case and be assertive (must not argumentative) when you are questioned.
 

Louise 73

Well-known member
I'm so sorry to hear of your health conditions and can only begin to imagine how hard it must be. Price really is the man and has advised on everything you should include. Generally early licence return is more focused on how you not having your licence is detrimental to others but obviously this is a bit different. In addition to what he has already said you may want to include how it effects others I.e family/friends and their ability to provide you with care I.e they don't drive and public transport is too hard. Good luck with it, I will be following your post as I am also going to apply for an early return
 

pjh1

Active member
I'm so sorry to hear of your health conditions and can only begin to imagine how hard it must be. Price really is the man and has advised on everything you should include. Generally early licence return is more focused on how you not having your licence is detrimental to others but obviously this is a bit different. In addition to what he has already said you may want to include how it effects others I.e family/friends and their ability to provide you with care I.e they don't drive and public transport is too hard. Good luck with it, I will be following your post as I am also going to apply for an early return
Thank you .
 

Darran66

Well-known member
Hi everyone .
I am due to attend court on Monday 17 May for consideration for the early return of my licence .
The reason I am giving is that I was diagnosed with Head & Neck Cancer in December 2020 and completed a course of Radiotherapy and Chemotherapy which ended in March but I need to attend numerous scans and appointments . I have been awarded a Blue badge by Bristol city council .

I am on a slow road to recovery of the treatment and still fitted with a feeding peg and find it hard to talk so my question is would I be able to have the duty solicitor on the day ?
Firstly I'd like to say "Keep focused and strong" and good luck in beating the worst C word in the world. As for You VS a Court of law in any appeal process you can get the local vicar argue against any Magistrates, because no one higher in my knowledge than a District judge ( even if I'm wrong, no Crown Court deals with small fry cases, unless there was a death involved or wreck less / car jacking etc) will hear it other than the BUTCHER, BAKER, AND CANDLESTICK MAKER, whom already have been briefed by appeals. Personally, I'd say your early reissue is already lined up, it's just going through the courts because £££££ as for legal, if you don't work and are on ESA whilst in treatment, go into the best solicitors in town, but avoid criminal legal aid, I had legal aid family court,,, I got the best Barrister this side of Manchester who didn't let my ex wife's paid up solicitor take a bathroom break, she objected everything, the judge allowed it,,,, Good luck man, you'll pull through this, it's positive that your thinking about your license so well done, your a stronger man than me
Thank you .
 

pjh1

Active member
Firstly I'd like to say "Keep focused and strong" and good luck in beating the worst C word in the world. As for You VS a Court of law in any appeal process you can get the local vicar argue against any Magistrates, because no one higher in my knowledge than a District judge ( even if I'm wrong, no Crown Court deals with small fry cases, unless there was a death involved or wreck less / car jacking etc) will hear it other than the BUTCHER, BAKER, AND CANDLESTICK MAKER, whom already have been briefed by appeals. Personally, I'd say your early reissue is already lined up, it's just going through the courts because £££££ as for legal, if you don't work and are on ESA whilst in treatment, go into the best solicitors in town, but avoid criminal legal aid, I had legal aid family court,,, I got the best Barrister this side of Manchester who didn't let my ex wife's paid up solicitor take a bathroom break, she objected everything, the judge allowed it,,,, Good luck man, you'll pull through this, it's positive that your thinking about your license so well done, your a stronger man than me
Thank you so much for your words of encouragement . I sent in a good supporting letter and will take a copy with me to court on Monday just in case the original is not in front of the magistrates . Unfortunately I have left it to late to engage a solicitor as it is this coming Monday but will ask if the duty solicitor would be good enough to help.

I have been a good boy since my disqualification and completed 300+ hrs extra at the charity shop I completed my community payback.
Completed several Open University courses until diagnosed with Cancer in December 2020 .My treatment is over but the recovery is going to be long and hard and I do not have my first scan until July so still do not know if treatment worked .

I am 60 now so not a tearaway and have not drank alcohol for nearly 2 years.
 

Darran66

Well-known member
Thank you so much for your words of encouragement . I sent in a good supporting letter and will take a copy with me to court on Monday just in case the original is not in front of the magistrates . Unfortunately I have left it to late to engage a solicitor as it is this coming Monday but will ask if the duty solicitor would be good enough to help.

I have been a good boy since my disqualification and completed 300+ hrs extra at the charity shop I completed my community payback.
Completed several Open University courses until diagnosed with Cancer in December 2020 .My treatment is over but the recovery is going to be long and hard and I do not have my first scan until July so still do not know if treatment worked .

I am 60 now so not a tearaway and have not drank alcohol for nearly 2 years.
You will be absolutely fine, I've read and I'm sure the administration of this really priceless resource of not just being able to "get things from our chests, we naturally obsess and here is the only place I can read posts and reply only from past posts, I have read where people have been ready to talk to god, he answers and a license was issued yet he was doing a deal with the devil 1 week later, that meaning getting a second DUI and the whole process starts again. I've come on tonight to update that after 19 years I've finally through age given into saying after I was banned in 1999,( stupidly drinking at a conference in the day, and carrying on during the train journey back home with intentions of a cab from our train station and pick my then company car over night at Stafford and I was bitter cold, there were no cabs, and that "I'll be OK, take my time, I feel fine with the window wound down, I did 4 miles without killing some innocent motorist or pedestrian,, well thank god I Did not, but we don't realise when we have have had a way too much and very bright Blues N Twos are pulling you over and we answer to their *Have you been drinking * with "just the one",,, so my court and sentence was I'd blown 168, ( forgive me if it was 138, but it worked out at 3 and a half times over the legal limit, not sure if it changed after?) Luckily my solicitor said it was a good job I had a good PRE Sentance report, decent job, my son was 3 weeks from being born, so it was 60 hrs community service every Sunday, 30 month ban, I wasn't even offered the mop, couple of hundred costs and I felt like I'd lost my legs. Well I'd got used to walking after 30 months, but as HRO applications are sent out before bans were up I thought why not,,, now I read the other night in the group, a huge DVLA error happened around that time, it would have been aboyt March, 30 months from Sept 99 to March 2001, expecting a medical booking form well a Pink card fell out, they'd issued my license in error. I was 33 at the time so I was "Should I, or,,, then I came to my senses, I didn't ring my solicitor for advice, it was straight on the phone to DVLA, and they were very appreciative tbh, so that was as near to being what would have been void insurance and I most of all slept at night, so yesterday, 19 years on I sent an envelope that felt like a novel inside , so I'll add the date from Monday 17th May, and keep the forum up to date, hopefully medicals are being arranged, our applications opened a tad faster, but I, unlike many people who rely on transport have gone 19 years without, just worn away more shoe leather 😀so another 6 months
Thank you so much for your words of encouragement . I sent in a good supporting letter and will take a copy with me to court on Monday just in case the original is not in front of the magistrates . Unfortunately I have left it to late to engage a solicitor as it is this coming Monday but will ask if the duty solicitor would be good enough to help.

I have been a good boy since my disqualification and completed 300+ hrs extra at the charity shop I completed my community payback.
Completed several Open University courses until diagnosed with Cancer in December 2020 .My treatment is over but the recovery is going to be long and hard and I do not have my first scan until July so still do not know if treatment worked .

I am 60 now so not a tearaway and have not drank alcohol for nearly 2 years.
 

Darran66

Well-known member
Id like to convince you that you will fly it! Your doing everything plus that bit extra and with reading old posts that go back many years on here the forum is totally supportive because we all have 1 thing in common, we have either been banned or banned from driving! I've read people preparing for medicals one their "3rd strike", even then its easy to say "I'll never do it again", it's human instinct as our brains defender our irrational behaviour, and as I say several convictions, people have always come back and let all know they have got their license. So you concentrate on getting better, the Driving licence will soon drop through your door... As for myself, I've put off applying for 19 years, serious! I was one of the ist people in 2001 to recieve my license through a massive DVLA computer error, thousands of HRO after sending their forms in got their license by mistake! I was a younger man than but I've always thought rationally, A, it's illegal, B, I'd have not been insured on a car, and it's my Duty of care to satisfy the courts that I was and am fit for my license, and DVLA appreciated my contacting them, so it was "I've seen a card license" with my name on, and now I'm getting older need a bit of transport for shopping, and days out I've not done for years. So my process I'll say DVLA will recieve the pack and my papers tomorrow as I sent it Signed for, so when I see the signature I'll post an update diary and see how long from start to finish it takes, I've waited 19 years, so time ain't an issue for myself.. Anyway, good luck, and you hurry and get better soon...
 

pjh1

Active member
Hi guys Success my court appearance for early return of my licence was granted .
It was a bit strange though and has left me a little confused . After a 3 hour wait I was called into court 9 where there was 2 magistrates who did not have a copy of my original application letter and had to ask me what I was originally disqualified for which was failing to provide a specimen of breath but because It was my 2nd offence within 10 years I had the mandatory 3 year ban .

There was no CPS present or police objection .

Lucky enough I had taken copies with me which they read had a few words with each other and said " We can see no reason why this should not be granted "

The clerk asked should there be any stipulation at which point I was asked had I been ordered to take a re-test to which I replied no .
No mention of medical .

The clerk then asked when should the disqualification be lifted and the magistrate replied "immediately" I was then told to apply for my licence but not to drive until I receive it .
At no point was a medical mentioned ?
 

price1367

TTC Group
That is because the medical has nothing to do with the court.
You now have to get a D1 form from the post office and submit it with the correct fee (£90) In due course DVLA will contact you about having a medical. You cannot drive until you have had the medical and the results have been accepted. This can take a number of weeks to complete.
 

pjh1

Active member
That is because the medical has nothing to do with the court.
You now have to get a D1 form from the post office and submit it with the correct fee (£90) In due course DVLA will contact you about having a medical. You cannot drive until you have had the medical and the results have been accepted. This can take a number of weeks to complete.
Thank you for clearing that up it is as I thought .
From applying to getting a court date was 2 months and I guess another 3/4 month so eventually I will be gaining around 6 months .
 

price1367

TTC Group
More than that, really because there would still be the wait at the end of the ban anyway, unless a miracle happens and they have cleared their backlog
 
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