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Drink Driving
Aug 10, 2010
Lifting driving ban early
Alleged Offence: Failure to Supply Analysis
Your road traffic offence question: I was charged with failure to supply analysis in x 2010(date of offence x)& pleaded not guilty due to medical reasons. I was banned for 17 months. I have since completed a TTC course. I am x months pregnant & have several personal circumstances which mean life is very difficult without use of a car. I have asked the magistrate if they can reduce my ban/start it from the conviction date however the magistrate legal advisor has said there is no clause to enable the magistrate to do this as she sure they would be sympathetic in my case. Surely if they have the power to take my licence they have the power to give it back?? She said the only way to do it is to appeal which I cannot do.
Is there any clause/policy that they can reduce my ban/quash the conviction or start the ban from my conviction date if I pleaded not guilty??
Your road traffic offence question: I was charged with failure to supply analysis in x 2010(date of offence x)& pleaded not guilty due to medical reasons. I was banned for 17 months. I have since completed a TTC course. I am x months pregnant & have several personal circumstances which mean life is very difficult without use of a car. I have asked the magistrate if they can reduce my ban/start it from the conviction date however the magistrate legal advisor has said there is no clause to enable the magistrate to do this as she sure they would be sympathetic in my case. Surely if they have the power to take my licence they have the power to give it back?? She said the only way to do it is to appeal which I cannot do.
Is there any clause/policy that they can reduce my ban/quash the conviction or start the ban from my conviction date if I pleaded not guilty??
Category: Drink Driving
Posted by: patterson
Im afraid not. the court clerk is right. You can only apply to lift a ban early if the ban was for at least 2 years. You cannot apply to lift a ban early if the ban is for less than 2 years. Your only option would have been to appeal against sentence but you have to do this within 21 days of the sentence being imposed. So sorry but there is now way to lift the ban early.