Getting your licence back early after a ban - Patterson Law
Application to remove a ban early.
If you have been banned from driving you can apply to the court to remove the ban early.
You can only do this in very limited circumstances.
The earliest you can apply to have a ban removed is after you have served at least two years. So this rule does not apply to short discretionary bans or 6 month totting up bans.
You have to apply to the court that made the order in the first place.
The application is under s.42 RTOA 1988.
The court will take into account the following factors before allowing the application and the Crown Prosecution Service have a right to comment on the application:
- Your character and your behaviour since the ban was imposed.
- The nature of the original offence
- Any other circumstances that the court feel ought to be taken into account - for example individuals that are suffering due to your ban e.g. children that rely on you
After hearing the application the court can do one of three things:
- Refuse the application
- Remove the driving ban completely
- Remove the driving ban from a set date
If the ban is for less than 4 years you can make the application after 2.
If the ban is for between 4 years and 10 years you can make the application after you have served half of the driving ban.
In any other case you can make the application after you have served 5 years of the driving ban.
You cannot make this application if you have been ordered to sit a retest before you can drive again.
We are good at these applications.
If you need our help, contact Emma Patterson immediately by either calling using the "Call Us Now" button at the top of this page.....
Or asking a FREE question by email;
If you have a court hearing date call 01626 359800
A new client came to us after being banned by the Magistrates for 6 months. He had accumulated 12 points within 3 years and the Magistrates court banned him for 6 months. The client tried to argue exceptional hardship on his own and the court rejected his argument.
Our client instructed us to represent him at court when he was charged with overloading a hired minibus. He had hired the minibus as he had his extended family visiting for a holiday. At the same time builders were refurbishing his house and asked him if he could help them collect some extra sand and cement. Our client agreed and they went with him to the DIY shop to collect the materials.
Our client was stopped on the way back home for overloading. He was devasted by the charge and the subsequent court proceedings, due to the fact that it was an innocent mistake and he was in the process of applying for an indefinite leave to remain in the UK visa.
He approached many so called motoring lawyers before us who told him to plead guilty and take the fine and points. We acted on his behalf and made a special reasons argument and also an argument under s.48 RTOA 88. The court agreed not to give any points and to impose an absolute discharge meaning that the conviction was imediately spent.
At Patterson Law we think outside of the box and we go the extra mile to try and achieve the results you need. Contact us now on 01626 359800 or email e.patterson@pattersonlaw.co.uk if you want lawyers who represent an island of excellence in a sea of mediocrity!
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