0161 443 4141 info@bcmlaw.co.uk
Stockport Business & Innovation Centre 3rd Floor Broadstone Mill Stockport SK5 7DL


Early return of driving licence
Often clients when they receive a lengthy ban are not advised by their solicitor that in the future it may be possible to make an application to return to driving earlier than their original ban.
​
In England and Wales if you have been disqualified by a court for longer than 2 years in certain circumstances you are able to make this application.
Firstly, you need to look at how long you ban was for.
If your ban was less than 4 years, then at least two years must have already passed.
If your ban was more than 4 years but less than 10 at least half of your disqualification period must have already passed.
If your ban was greater than 10 years then 5 years of the ban must have passed.
You run the risk of being fined £60 which increases to £120 if it's not paid within 21 days.
However, you will need to check with your local council as the rules differ from council to council.
CLICK HERE to check your local council rules.
If you have never been disqualified before and tott up you are looking at a minimum 6 months disqualification.
If you have had a previous disqualification of at least 56 days within the last 3 years you are looking at a minimum 12 month disqualification.
If you have more than one previous disqualification of at least 56 days within the last 3 years you are looking at a minimum 24 month disqualification.
Unfortunately no, because the application will be met with opposition from both the Crown Prosecution Service and the Prosecution.
Why?
Because you are in essence asking the court to go behind and reduce a ban which was previously given. To do so, the court will need to hear good reasons as to why they should remove your disqualification.
In the event you plead guilty and 'tott up' we could help you argue that a loss of licence would cause you exceptional harship.
We have represented clients who have in excess of 12 points and successfully argued exceptional hardship on the basis of the impact a ban would have on their personal and/ or professional life and the lives of others.
Mere inconvenience is not enough, the court must be convinced that a loss of licence would cause exceptional hardship to you or others. This can be very difficult to argue.
Mainly because we are skilled in making these application and to be honest, the likelihood is you are not!
But the main reason is that if you make an application and it is unsuccessful, then you will have to wait at least 3 months before making another application.
So it is important to instruct a solicitor who can put forward the best evidence and submissions to give you the best chance of success the first time.