Questions regarding 3 year ban

[Celeborn]

Hello,

I was disqualified from driving on the 1st of October, 2008, and have 1 year and 2 months left to go on this ban (I am based in Scotland). I was caught at 3 times over the limit (trying to find document containing the figures, but think it is accurate) and managed to travel a mile and a half before being stopped at the roadside. This was a first time offence and by all means my criminal record was squeaky clean before hand!

My questions are:

• When could I launch an appeal on grounds of changing circumstances in my Job, and would it be worth it?
• I was never offered any "25%" or so reduction if I attended an alcohol rehabilitation course at time of sentence. Is this at there discretion, could I apply for it now or does it even exist in the Scottish system?
• There was no mention if I had to resit my driving test after duration of ban. What is the process for this nearing the end of my sentence?

Thankyou!

 

[SeanJoyceStephensons]

Under English law :
you can apply for the early removal of a disqualification after serving a minimum of:
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;

The drink drive rehabilitation course must be offered and accepted when you appear in court at the point of sentence. It is then voluntary as to whether or not you do it, if you chose not to you simply serve the full ban. However, if it was not offered at the point of sentence then it is an opportunity that is now lost. There is no discretion to offer it to you retrospectively.

If you were not ordered to sit a retest then there is no need to sit one. You simply apply for the return of your licence towards the end of the period of disqualification. However if your breath reading was more than 87.5mg, you failed to provide a specimen or it was your second conviction within a 10 year period, then you fall within the "high risk offender scheme" which means you must undergo a medical with a DVLA approved medical practitioner to show that there are no medical reasons why you should not be granted a licence. There is some helpful information on the DVLA web site about the medical guidelines that they enforce.

The position under Scottish law, and the procedure, is often different to English Law and for confirmation of the position in Scotland you should consult a Scottish lawyer. I can give you the contact details of a SCottish road traffic lawyer if you would like them.