Reducing DD Ban

Convicted Driver Insurance

Krazeland

New Member
Hello, I was disqualified in July 2019 for 38 months for Drink driving. Does anybody know the success rate or know ANYBODY who has had the original disqualification period reduced.

I know I cannot apply for the reduction until July this year. The gov website just says to write to the court which issued the sentence. Surely a simple letter can not class as an appeal? What else do I need to provide?

Thanks
 
Hello, I was disqualified in July 2019 for 38 months for Drink driving. Does anybody know the success rate or know ANYBODY who has had the original disqualification period reduced.

I know I cannot apply for the reduction until July this year. The gov website just says to write to the court which issued the sentence. Surely a simple letter can not class as an appeal? What else do I need to provide?

Thanks

You apply to the court where you were banned and then a hearing date is set.

The magistrate will want to know how your circumstances have changed since your ban. You need to show how you getting your licence will benefit others. NOT how it will benefit you, the ban is a punishment and they don't care how badly it's effecting you personally. A new job opportunity itself is not the grounds to appeal a ban either, but your employer moving to an area not easily reached by public transport is or even how your getting your licence may create job opportunities for others. If the return of your licence can aid with child care, the care of a sick or disabled relative or close neighbour for example then the court will hear this. You will need to show what you've done in the interim to address the problem and make sure that it won't happen again for example reducing alcohol intake, drink driving rehabilitation courses etc

As for the process at court on the day and how to make the application, @price1367 usually knows the score on that front.
 
You apply to the court where you were banned and then a hearing date is set.

The magistrate will want to know how your circumstances have changed since your ban. You need to show how you getting your licence will benefit others. NOT how it will benefit you, the ban is a punishment and they don't care how badly it's effecting you personally. A new job opportunity itself is not the grounds to appeal a ban either, but your employer moving to an area not easily reached by public transport is or even how your getting your licence may create job opportunities for others. If the return of your licence can aid with child care, the care of a sick or disabled relative or close neighbour for example then the court will hear this. You will need to show what you've done in the interim to address the problem and make sure that it won't happen again for example reducing alcohol intake, drink driving rehabilitation courses etc

As for the process at court on the day and how to make the application, @price1367 usually knows the score on that front.

Thank you so much for that very helpful reply. That is great, yes it will actually benefit my daughter and my elderly father which I will explain when I write to the court.

Yes some details on the actual day in court would be very helpful.

Thanks again
 
You can make an application to the court that disqualified you in writing at the 2 year point, as that is more than half of your sentence.
Some courts allow you to apply in advance, in order to have a hearing at the 2 year point. Some do not allow an application to be submitted until the 2 year point has arrived, so a hearing would not be for another couple of months.
You give them your name, address, date of birth and the date you were disqualified, what for and for how long.
Ialways advise putting as much detail as you can in the letter, such as the items below. The reason for this is that the court notify CPS of the application and they have the opportunity, having consulted with the police, to object to the application. The more detail that you put in the letter, the less likely the CPS / police will be likely to object to the application.
You should realise that even if these agencies do not object to your application, the final decision rests with the magistrates on the day And they can still refuse.

The court will want to know what has changed in your circumstances since your ban.
saying it is hard without a licence will not cut any ice, after all, it was meant to be a punishment!
What have you done to address your alcohol consumption since the 38 month ban. To get more than 36 months indicates something more serious than a simple 2 convictions in 10 years, and probably involved a very high reading?
So you should show what you have done to minimise the risk of drink driving again, by addressing any alcohol issues, with evidence if you have any.
You should show if it will be of benefit for work, supported by a letter from your employer. The sort of thing that is good is if someone else can be employed if you are able to drive.... the benefits to others always cuts more ice.
Perhaps your employer is relocating and unless you get your licence back, you will have to leave the job.
You will have to give evidence about your circumstances and expect to be cross examined about why you cannot continue to use public transport.
You mention family members, You may have good grounds there, but why cannot other people provide this care? Explain if your daughter has a disability that means she cannot take public transport.
How are the needs of your daughter and elderly father met now, why can those arrangements not just continue?

You are not bound by only what you put in your letter, you can expand on it in court but it should not contradict what you put in your letter of application, just expand on it or submit further detail on the elements in the letter.
You can expect to be required to give evidence on oath, and be questioned about what you say by the CPS and the magistrates as they test how much weight to place on what you say.

You will get a decision on the day, but even if they grant a reduction, it may not be that you get it back immediately (but they generally do do this). You then have to submit an application to DVLA and wait for them to send you details of the medical you must undertake as a High Risk Offender before you get your licence back. read up on other threads on here about people’s experiences......., that process can take months.!
And you cannot drive until all that is complete.
 
You can make an application to the court that disqualified you in writing at the 2 year point, as that is more than half of your sentence.
Some courts allow you to apply in advance, in order to have a hearing at the 2 year point. Some do not allow an application to be submitted until the 2 year point has arrived, so a hearing would not be for another couple of months.
You give them your name, address, date of birth and the date you were disqualified, what for and for how long.
Ialways advise putting as much detail as you can in the letter, such as the items below. The reason for this is that the court notify CPS of the application and they have the opportunity, having consulted with the police, to object to the application. The more detail that you put in the letter, the less likely the CPS / police will be likely to object to the application.
You should realise that even if these agencies do not object to your application, the final decision rests with the magistrates on the day And they can still refuse.

The court will want to know what has changed in your circumstances since your ban.
saying it is hard without a licence will not cut any ice, after all, it was meant to be a punishment!
What have you done to address your alcohol consumption since the 38 month ban. To get more than 36 months indicates something more serious than a simple 2 convictions in 10 years, and probably involved a very high reading?
So you should show what you have done to minimise the risk of drink driving again, by addressing any alcohol issues, with evidence if you have any.
You should show if it will be of benefit for work, supported by a letter from your employer. The sort of thing that is good is if someone else can be employed if you are able to drive.... the benefits to others always cuts more ice.
Perhaps your employer is relocating and unless you get your licence back, you will have to leave the job.
You will have to give evidence about your circumstances and expect to be cross examined about why you cannot continue to use public transport.
You mention family members, You may have good grounds there, but why cannot other people provide this care? Explain if your daughter has a disability that means she cannot take public transport.
How are the needs of your daughter and elderly father met now, why can those arrangements not just continue?

You are not bound by only what you put in your letter, you can expand on it in court but it should not contradict what you put in your letter of application, just expand on it or submit further detail on the elements in the letter.
You can expect to be required to give evidence on oath, and be questioned about what you say by the CPS and the magistrates as they test how much weight to place on what you say.

You will get a decision on the day, but even if they grant a reduction, it may not be that you get it back immediately (but they generally do do this). You then have to submit an application to DVLA and wait for them to send you details of the medical you must undertake as a High Risk Offender before you get your licence back. read up on other threads on here about people’s experiences......., that process can take months.!
And you cannot drive until all that is complete.

Hello, thank you for all the information things are making sense now. Who will be questioning me in court, will it be the prosecution or just the magistrates themselves? I'm not sure why I got 38 months, yes it was my second offence in 10 years (2011 and 2019) but I blew a reading of 57. There were no aggravating offences, no crashes or incidents and I complied with the police.

Yes my father's needs are currently met, not ideal but my daughter's needs are not met, I am unable to see her and be a proper father to her.

Regarding the DVLA medical, am I able to apply for this now or do I have to wait for the court to instruct them?

One more thing, with the evidence (letter from daughter's mum, my father, and employer) do I send this to the court along with my appeal letter, or are these things I should bring to the court on the date of the hearing?

Thanks in advance.
Sam
 
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