Early Return Of Driving Licence
If you have been disqualified from driving we are able to make an application to the court to get your driving licence back early, by making a “section 42 application”. As with all technical legal matters, there are certain criteria that apply which are specific to road traffic law.
When Can I Get My Driving Licence Back?
As the Courts see it, there are 3 main divisions of disqualification period; they are:
- If the disqualification period has been for less than 4 years and 2 years have now passed.
- If the disqualification has been for a period between 4 years and 10 years and at least half the period of disqualification has passed.
- If the disqualification is over 10 years and at least 5 years has been passed in all cases.
Will My Case Need To Go To Court?
The short answer is yes. Your driving disqualification was imposed by the Court as part of the sentence passed against you. As you are applying to have that disqualification removed early it is necessary that your case goes back in front of the Court for its consideration. It should also be noted that the CPS are a party to the application and they invariably oppose any such application for an early return of a driving license which is made.
What Does The Court Consider?
For an application to return a driving licence early, certain criteria has been laid down in section 42 of the Road Traffic Offenders Act 1988. These criteria state that the Court shall not only scrutinise the character of the applicant but also have due regard for their conduct since being disqualified. The Court will also re examine the circumstances of the original offence and any evidence to mitigation advanced on that occasion. It is important to note that it is for YOU to satisfy the Court that it can grant you an early return of your driving licence.
What To Do Now?
We have helped many people who faced road traffic offences in the courts. With our experience, we have helped save driving licences for people who rely on their cars for work and family.
We are experts in our field. We are not judgemental and only want to offer you the best advice and representation when you are facing the courts and a possible disqualification from driving.
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