At Cartwright King we understand that motoring mistakes can be made and the consequences of being disqualified from driving can have negative consequences on your quality of life. Depending on the circumstances, we can help you with a formal application for the early return of your driving licence to the same court that disqualified you. We have solicitors across the country so we can assist wherever you are based.
What is the law regarding an early return of driving licence?
Under Section 42 of the Road Offences Act 1988, depending on the circumstances everyone has a right to apply for an early reinstatement of their driving licence if the ban was for longer than two years. There are further time restrictions involved which are:
- 4 years or less – Applications can be made after two years
- 4 – 10 years – Applications can be made after half of the total disqualification period
- 10+ years – Applications can be made after 5 years has been served
Before the court can make a final decision on the outcome of your application, they will take a number of factors into account including:
- Your character and your conduct since your licence was taken away
- Reasons presented on your behalf as to why the court should consider early reinstatement of your driving licence
- The reasons for you being disqualified originally.
The court will look to see if you are a high risk repeat offender, which can apply to someone who has:
- Refused to supply a sample to the police
- Been convicted of drink driving twice over a ten year period
- Had alcohol readings that have reached a certain level in your breath, blood or urine
Once the court has reviewed all of the relevant information, they will make a decision to reinstate your driving license or refuse to do so. If your application has been refused, you will not be legally allowed to make another application for a period of three months. If your application has been granted, then you must apply for a driving licence from the DVLA.
Who are the DVLA?
The Driver and Vehicle Licensing Agency (DVLA) is the UK enforced organisation formed in 1965 that is responsible for maintaining the database of drivers and vehicles in Great Britain. The information that they retain is to assist in improving road safety, reduce vehicle related crime, support environmental initiatives and limit vehicle tax evasion.
How do I apply for the removal of my disqualification?
The court hearing is an opportunity for you to make it clear why you need your driving licence reinstated. While the courts are not easy to persuade, they are willing to listen to strong reasons as to why your disqualification should be removed. The sort of issues that can be raised will be based on what the early return of your licence might mean to you. For example;
- A return to work
- The ability to assist your family or others by driving
How we can help
At Cartwright King our Motoring solicitors have the knowledge and experience to review your circumstances carefully and present the strongest case on your behalf to the court. We ensure that you will receive the highest quality legal advice and representation that we have to offer. We will assist you by:
- Discussing all of your case’s circumstances
- Arguing your case and emphasising the reasons why you need your driving licence reinstated
- Advising you throughout the case
- Puting forward the strongest case on your behalf
Why Choose Us?
At Cartwright King, our solicitors understand the stress that losing your driving licence can cause and the potential long term consequences that can affect you, your family and your future earning potential. We are available to support you throughout the entire process, explaining the likely outcomes and legal issues.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Motoring team on email@example.com and we’ll get back to you as soon as possible.
Our Motoring solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham, Sheffield and Worcester.