EARLY REMOVAL OF DRIVING DISQUALIFICATION  - Applying for driving licence early after ban

If you have been banned from driving, you may be wondering if there’s any way of getting your licence back early? There is!

Being disqualified from driving does not necessarily mean that you have to serve the full term of the driving disqualification. With expert assistance from specialist Motoring Offence Solicitors, it may be possible for your disqualification to be removed so that you can start driving again.

You can even apply for an early return of your driving licence if you have been banned for drink driving.

There are a number of situations where you may be able to apply for 'early removal of disqualification' and get your licence back early, depending on how long you were banned for and your situation, we may be able to apply to the Court to help you.

You can apply for the removal of a driving ban if you were disqualified for 4 years and 2 years of the disqualification have now passed. If you have been disqualified for between 4 and 10 years, you must wait until at least half of your disqualification is served before you can apply. In any other case, 5 years is the minimum disqualification term that must have been served.

The application will be considered by the Court, and special consideration will surround an applicant’s character, their conduct after disqualification, the nature of the offence and any other mitigating circumstances.

The court has the power to remove a disqualification if they consider it appropriate. It is also at the Court's discretion to either grant the removal of a disqualification immediately or to grant it from a specific date in the future. If the application is refused it can be renewed not less than 3 months after the previous application.

In the case of a disqualification for an offence, such as dangerous driving, which provides for a driver to pass an extended test at the end of his disqualification before he can drive again, there is nothing to prevent a Court removing the disqualification so that the process of taking the extended test can, therefore, begin sooner.

Apply for the Early Return of Your Licence

The application for removing a driving disqualification must be made to the Magistrates’ or Crown Court, (whichever handed down the initial driving disqualification). The application can only be heard once the minimum period of disqualification has been served.

An influential and compelling case must be presented to the Court. The Court will want to understand and evaluate changes to individual circumstances which may give good cause for returning your licence early.

The Court will consider the following:

  • Your conduct and character subsequent to the conviction. 
  • The nature and severity of the original driving offence.
  • Any other relevant Personal circumstances (this may also include a change in circumstances to people who depend on you and your ability to drive).
 

How do we help to build your case?

Although being disqualified from driving can have major repercussions on your personal and working life, the courts are not easily satisfied and must be suitably convinced to reduce the term of the driving of disqualification originally sentenced.

Your case must be strong, and arguments must be persuasive. Such arguments can include aspects that relate to:

  • Family Issues – Changes to circumstances surrounding family responsibilities, i.e. family breakdown with children who require you to be able to drive.
  • Health Issues – If you or a member of your family develop health problems that may mean driving again becomes an absolute necessity.
  • Employment Opportunities – The offer of a new job his reliant on your ability to hold a driver’s licence.
 

The examples above provide only a sample of the types of arguments that can be made in the hope of having some bearing on the Court's final decision.

Will my application for the early removal of disqualification be challenged?

Applications are usually opposed by the Crown Prosecution Service. It is therefore crucial that you seek expert legal advice and representation from a specialist driving offence solicitor. At Motoring Offence solicitors, we are widely recognised as one of the UK's leading forces in helping clients to defend driving offence charges, and in dealing with sentencing following convictions, such as appeals and in terms of having sentences (such as driving bans) reduced.

Restrictions exist in terms of re-applying to have your driving disqualification term reduced if an early application fails, this also makes it prudent to seek expert legal support to ensure your initial application has the best chance of success. If an application does fail, you must wait a further 3 months before seeking to apply again.

If you want to apply for early removal of a driving disqualification then Motoring Offence Solicitors can offer you a premium privately funded service, giving you the best chance to get your licence back. We will provide you with a frank opinion on whether we think your application can be successful and if you decide to proceed with your application, we can offer you a fixed fee for our representation.

Can I Appeal to a Different Court?

No, this is not possible. The application needs to be lodged at the Court where you received your original conviction. The Application for removal of your disqualification will be heard at this court, but it may not be the same judge.

Do I Have to Attend Court to Make an Application for the Early Removal of Disqualification?

Yes, it is in your best interests to attend Court in person. This provides the best means to persuade the court positively, as you are there in person to appeal to their better judgement.

Remember, we must persuade the Courts, on balance, that your disqualification should be removed earlier than originally stipulated and for the greater good, and that such a decision will not be detrimental in any way to society at large. You being in court in person to give evidence is integral to what we will be trying to achieve.

What is the Difference Between Early Removal of Disqualification and an Appeal?

An appeal against a driving disqualification and an application to have a driving disqualification removed early are two separate matters. If convicted of any driving offence you have 21 days in which you can launch an appeal against the conviction itself or the sentence handed down.

In the eyes of the law, an application for the early removal of disqualification is not an appeal, after all, in such a situation, you have been convicted and will have already served at least 2 years of a driving ban. The application process open to you is to request that Court gives consideration for you to present a case as to why you now need your driving licence back.

Why Choose Motoring Offence Solicitors?

We are highly experienced in dealing with cases involving applications for the removal of disqualifications and understand the process of how to prepare and present such a case.  We have helped countless drivers to get their disqualifications removed and we are confident we can do the same for you. 

We understand that you will be eager to get back on the road as quickly as possible and we can submit the application before the minimum disqualification period has been served to ensure that it will be considered by the Court at the earliest possible opportunity. 

We understand the need to present to the Court the full details about your character, your conduct since the conviction and other factors affecting yourself and others and we will present a fully prepared case and argue it vigorously on your behalf.

Contact Us Today

If you have been disqualified from driving for 2 years or more and are seeking expert advice on how to get your disqualification removed, Please contact Brian Koffman at Motoring Offence Solicitors. We offer the very best privately funded legal representation to clients who are hoping for early removal of a driving ban right across the UK.  Call our team today on 0161 832 3852 or complete the enquiry form on the right-hand side of this page.