How To Remove A Disqualification From Driving Early?

If you have been disqualified from driving, it may be possible, depending upon the length of disqualification, for the disqualification to be lifted by the Court earlier than intended.

This would require a further hearing in the court that sentenced you to the disqualification. An application must be put forward, seeking to convince the court that the disqualification should be lifted early.

Expert Legal Guidance For Removing Disqualifications Early 

At Caddick Davies Solicitors, we understand the impact that a disqualification from driving can have. The below article will hopefully advise you as to how you can have the disqualification lifted. However, if you are still unsure, and feel that you need a solicitor, you can contact the office on 0333 443 2366 for a free consultation.

We can help you understand the process and explore the application. If we believe that we can add value to your case, we will advise you as such. However, we will be honest with you if we can add no real value to your case or if legal representation is not needed. We will also give you an indication as to the prospects of success as to any approach that we recommend.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Earliest Date For Making Application

A court can only remove a disqualification from driving before the end date if you have served a certain period of that disqualification.

You can therefore make an application to remove the disqualification early if you have served:

1. 2 years – if the disqualification is for less than 4 years.
2. Half of the disqualification – if the disqualification is less than 10 years but not less than 4 years.
3. 5 years – in any other case.

What Disqualifications Does This Not Apply To?

A disqualification, consequentially, cannot be removed early if it is for 2 years or less.

Therefore, in most “totting up” disqualification cases, you will not be able to apply to have the disqualification lifted.

What Is The Procedure?

In order to make an application for the early removal of your driving disqualification you must contact the court that imposed the disqualification and request a hearing for that application to be considered.

The application can only be considered, and therefore a hearing date set, once the earliest date (as set out above) has passed, and no sooner.

What Does The Court Take Into Consideration

In determining whether to remove a disqualification from driving earlier than the end date originally set, the court will take into consideration the below factors:

1. The character of the person disqualified and his conduct subsequent to the order and;
2. The nature of the offence and;
3. Any other circumstances of the case.

Character Of The Person Disqualified And His Conduct Subsequent To The Order

The Court will take into consideration the character of the person subsequent to the disqualification being imposed. They will therefore look at:

1. Compliance with the disqualification from driving e.g. no charges for driving whilst disqualified.
2. Compliance with any other court order e.g. no breach of a community order.
3. The persons character including any offences committed prior to the offence in question and any further offences committed since.
4. Any positive steps the person has taken to rehabilitate.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Nature Of The Offence

The Court will take into consideration the nature of the offence before considering whether the disqualification should be lifted. An offence that is considered more serious, with multiple aggravating features is less likely to warrant the early removal of the disqualification. Mostly presumably because the disqualification imposed was reflective of the culpability and harm involved, and the seriousness of the offending level.

The Court will often look at the below:

1. Any injuries caused, and the seriousness of those injuries.
2. Any damage caused, and the level of damage.
3. The level of remorse shown by the offender.
4. Whether blame was passed onto someone else by the offender.
5. Whether the offender pleaded guilty or not guilty.
6. The level of culpability of the offender.

The more serious offence, the harder it will be to convince the court to remove a disqualification.

Any Other Circumstances Of The Case

The Court will take into consideration anything else that is raised by the person making the application. Most commonly, this will be related to the consequences that a disqualification is continuing to have on:

1. Impact on a person’s employment, career or business (including employees of that business).
2. Impact on a vulnerable person, including any caring responsibilities.
3. Impact on children.
4. Impact on housing and financial stability.

This factor is about demonstrating to the court that if the disqualification were to be lifted, it would have a positive influence on something in the offender’s life or the lives of those around them.

If it can be demonstrated that a disqualification is having a direct impact on a persons ability to rehabilitate, then this will be an important consideration of the court.

How To Prepare For An Application

In order to prepare for an application, it is important to have references from those that can comment upon:

1. The character of the person since the disqualification was implemented.
2. How the disqualification being lifted would positively influence the offender’s life or the lives of those around them.
3. How the disqualification is having a negative impact on their life or the offender’s life.

If a person has been disqualified consequent of an offence of drink or drug driving, evidence that a person has been abstinent from drinking or taking drugs may be useful evidence to demonstrate to a court that a person has rehabilitated and that no further offences will take place e.g. drink or drugs test results.

Can I Drive As Soon As The Disqualification Is Lifted?

No, you cannot drive as soon as the court have ordered for the disqualification to be lifted. You must re-apply for your driving licence, and where required, comply with any requirements for a medical assessment or an extended re-test.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Getting Licence Back If Application Is Successful

If you are successful in your application to the court, you must still re-apply for your driving licence. When a disqualification from driving, in excess of 56 days, is implemented, you are required to surrender your driving licence to the DVLA. When the disqualification is over, you cannot return to driving until your driving licence is re-instated.

Upon a successful application for the early removal of your driving disqualification you must then apply to the DVLA for a new driving licence. You can do so by obtaining a D1 application form from the post office and returning the completed form to the DVLA.

When the DVLA have processed and authorised the return of your driving licence and have issued the licence to you in the post, you will then be able to return to driving.

High Risk Offenders

If you have committed an offence that means you qualify as a “high risk offender” then you will be required to undergo further medical assessments with the DVLA as part of the re-application process.

You will be classes as a high risk offender in one of the following circumstances:

1. If you have committed a second drink driving offence within 10 years.
2. If your alcohol reading was at least 87.5 microgrammes of alcohol per 100ml of breath.
3. If your alcohol reading was at least 200 microgrammes of alcohol per 100ml of blood.
4. If your alcohol reading was at least 267.5 microgrammes of alcohol per 100ml of urine.
5. If you refused to provide a specimen of breath, blood or urine.

In these circumstances, the DVLA may be concerned that the offender has been misusing alcohol or drugs or has been/is dependant upon them. In those circumstances the DVLA must investigate further to ensure that the offender is safe to be allowed to drive on the road.

The DVLA will require:

1. A blood test and examination by a DVLA doctor.
2. Input from your GP regarding any historical issues with drugs and/or alcohol.
3. A self-declaration as to any issues with drugs and/or alcohol and confirmation as to weekly consumptions.

The DVLA has a right, and indeed an obligation to revoke a person’s driving licence, or reject an application for a person’s driving licence, if they are satisfied that the person concerned is suffering from alcohol/drugs misuse or dependency.

If you are struggling to get your driving licence re-instated for the above reasons, then please contact the office on 0333 443 2366 for a free consultation with a specialist in our DVLA medical revocation team.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Extended Re-Test

Some driving offences, in addition to a disqualification from driving, will require the offender to undergo an “extended re-test” with the DVLA, prior to their driving licence being re-instated.

The court have a discretion to impose an extended re-test for the below offences:

1. Causing death by careless driving.
2. Causing serious injury by careless driving.

However, for the below offences, the court must order an extended re-test:

1. Dangerous driving.
2. Causing serious injury by dangerous driving.
3. Causing death by dangerous driving.

If an extended re-test with the DVLA has been ordered, then this must still be completed. If a disqualification is lifted early, the test still must be undertaken. The court cannot make an order for the re-test to be removed.

What If A Prison Sentence Was Imposed?

If a prison sentence was imposed alongside the disqualification from driving, the Court would have extended the disqualification from driving to account for the prison sentence. The rules for applying for the removal of the disqualification therefore differ.

It can be difficult to navigate the exact point that a disqualification can be lifted in such circumstances. For further guidance please contact our office and speak with a specialist on 0333 443 2366.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Get In Touch For Legal Advice Regarding Careless Driving Offences  

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases and presenting mitigation in court in order to secure the early removal of a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in such circumstances.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0333 443 2366.

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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