Getting Your Licence Back Early
If you have already been disqualified from driving, then there is a chance that we may be able to help get you back on the road.
In some circumstances, the law allows you to apply for the early removal of your disqualification, meaning your licence is returned to you before your period of disqualification has expired.
It is possible to apply for your licence back early under Section 42 of the Road Traffic Offenders Act 1988. However, in order to be eligible for early removal of your disqualification, you must meet one of the following:
- Have been given a three year disqualification, and served at least two years, or;
- Have been given a disqualification of between 4 and 10 years and served at least half, or;
- Have served 5 years in any other case.
You cannot apply to get your licence back early if your disqualification was less than three years (not including the drink driving rehabilitation course).
The Application Process
If you wish for us to act on your behalf, M.A.J. Law will produce a detailed written application to your local Magistrates’ Court. It is important that we consider all of the reasons that your licence should be returned to you, in order to make our argument as strong as possible. The overriding consideration is whether there has been any change in your personal circumstances (such as employment, family, health etc..) that now makes you more dependent on your licence than before the disqualification was imposed.
The court will likely then set a hearing date to consider our application. This could be within two to four weeks of our written application.
What will the court take into account?
Before removing your disqualification, the court must be certain that you are no longer at risk of repeat offending and cannot be a danger on the road. The court will have regard to the following:
- Your character
- The nature of the offence
- Any other circumstances of the case.
Because the above criteria is extremely broad, it gives the court discretion to take any fact into consideration (such as previous convictions or aggravating features). If the application is refused, you are unable to apply again for another three months. It is therefore essential that your application and case is handled with delicacy by someone with experience and capability. It is for this reason that we would advise instructing a specialist motoring defence solicitor.