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Early Removal of Driving Disqualification & Ban

We are Specialist Early Removal of Driving Disqualification Solicitors

At Caddick Davies Solicitors we specialise in making applications for the early removal of a driving disqualification.

In general terms you may make an application for your disqualification to be removed after you have served half of your disqualification and a minimum of 2 years. By way of example, if you have been disqualified from driving for 4 years, you may make an application after 2 years.

This application must be made to the Magistrates’ Court that imposed the original disqualification and may incur a Court Fee for the lodging of the application.

If you are eligible for your disqualification to be removed, there will then be a hearing at which the Magistrates will decide whether or not to exercise their discretion to remove the disqualification and in doing so will consider the following:

  • The nature of the original offence for which disqualification was imposed
  • Your conduct since the imposition of the disqualifcation
  • Any other relevant information

We have successfully secured the removal of disqualification on behalf of many clients and if you are currently disqualified and want to know the prospects of having your disqualification removed, please contact us for advice and a no obligation consultation on how we can help.

Below you will find helpful information on Early Removal Disqualification Law, How We Can Help and Commonly Asked Questions About the Early Removal of Disqualification.

Early Removal of Disqualication Law

Eligibility for Early Removal of Driving Disqualification/Ban 

Section 42(3) of the Road Traffic Offenders Act 1988, provides that you may only make application for the early removal of a driving disqualification in the following circumstances:

•If you have been disqualified for fewer than 4 years you may apply for the early return of your license after 2 years
•If you have been disqualified for more than 4 years but fewer than 10 years you may apply for the early return of your license after half the period of disqualification has been served
•After 5 years in any other case

If you are currently disqualified from driving and want to know whether or not you are eligible to ask for your disqualification to be removed, please contact us for advice and a no obligation consultation on how we can help you.

Procedure for Early Removal of Driving Disqualification/Ban 

An application for the early removal of a driving disqualification is made to the Magistrates’ or Crown Court that imposed the original disqualification and may only be heard once the above minimum periods have expired.

When the application is lodged with the relevant court, a notice must also be sent to the relevant Chief Constable.

The court may impose a fee for making this application.

Once an application has been lodged and any fee paid, the court will then list a hearing to determine the application. You will be required to attend at this hearing and to present evidence as to why your licence should be returned. The police will also usually be represented at this hearing and may challenge the application.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

Test for Early Removal of Driving Disqualification/Ban 

If you are eligible (see above) to make an application to have your disqualification removed early, then at any hearing the court will decide whether or not to return your licence based on the following considerations:

•The nature of the original offence for which disqualification was imposed

•Your conduct since the imposition of the disqualification

•Any other relevant information

Any other relevant information includes things like a job offer requiring you to hold a licence or the needs of your family.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

Making a Second Application for Early Removal of a Driving Disqualification/Ban 

If you have made an unsuccessful application for the early removal of a driving disqualification then you may only make a new application after 3 months.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

Specialist Early Removal of Disqualification Solicitor Representation

How We Can Help 

At Caddick Davies Solicitors we specialise in applications for the early removal of driving disqualifications and have successfully secured the removal of driving bans on behalf of many clients.

When you contact us we will be able to tell you whether you are eligible to make an application and if so, the prospects of success.

If you choose to instruct us, we will then lodge the relevant paperwork and act to ensure that your application is heard as soon as possible. We will then prepare your case, including any supporting evidence and represent you at court during your application.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and a no obligation consultation on how we can help.

Commonly Asked Questions About Early Removal of Disqualification

How do I make an application for the early removal of my disqualification? 

This application is made to the Magistrates’ or Crown Court that imposed the original disqualification and may only be heard once the above minimum periods have expired.

This involves lodging an application with the Magistrates’ Court that imposed the original disqualification and also notifying the Chief Constable of the relevant Police Force.

In order to avoid the unnecessary loss of time however, we may make a request for your case to be listed before the time has expired in order to avoid unnecessary delay and to allow your licence to be returned as soon as possible.

Once an application has been lodged, the court will then list a hearing to determine the application. You will be required to attend at this hearing and to present evidence as to why your licence should be returned. The police will also usually be represented at this hearing and may challenge the application.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

How will the Court decide whether or not to remove my disqualification/give my licence back early? 

In determining your application the court will consider
•The nature of the original offence for which disqualification was imposed
•Your conduct since the imposition of the disqualification
•Any other relevant information

Any other relevant information will include things such as, why do you need your license? If it is the case that you have the offer of employment if you obtain a driving license or you have a relative who is immobile and requires your assistance, these reasons will help your case.

What is the court fee for making an application for the early removal of disqualification? 

Many courts will charge between £180 and £250 to make an application for the early removal of disqualification.

Not all courts do impose this charge and where possible we will seek to avoid it on your behalf.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

Can I get legal aid to make an application for removal of a driving disqualification? 

No.

Unfortunately, legal aid is not available to make an application for the early removal of a driving disqualification.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

Do I need a solicitor to make an application for the early removal of a driving disqualification? 

By law it is not required that you have a solicitor to make an application, however it is fair to say that you will generally benefit and the likelihood of success will be greater if you do have legal representation and more so if you have experienced and specialist representation.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.

My application for the early removal of my disqualification/ban has been refused - can I apply again? 

If you have had an application for early removal refused, then you may make a new application after 3 months.

If you are currently disqualified from driving and wish to make an application for the early removal of your disqualification, please contact us for advice and for a no obligation consultation on how we may help you.