In certain circumstances it is possible to get your licence back before the end of your disqualification period.
If you are a driver who has been disqualified for four years or less then you must have served at least two years of your driving ban before making your application.
However if you were disqualified for between four and ten years then you must have served at least half of your disqualification period before making your application.
In any other case you must have served at least half of your disqualification period.
Any application for restoration of a driving licence must be based upon ‘compelling reasons’
Where a driver has been banned for driving for three years or more and ordered to sit the extended test of driving before being allowed to drive again they can still apply for the early restoration of their driving licence but will require to pass the extended test of driving first before they get it back.
In deciding upon an application for restoration the court requires to have regard to:
(a) The character of the driver and their conduct since the date of conviction
(b) The nature of the offence for which disqualification was ordered
(c) Any other circumstances of the case.
The starting point for an application for restoration of a driving licence is the submission of a written application to both the court where disqualification was imposed and the prosecution.
The prosecution will thereafter commission a report from the police on the matters referred to in headings (a)-(c).
As previously stated the application must be based upon ‘compelling reasons’. These could include the fact that the restoration of driving licence would enable the applicant to resume employment or the fact that disqualification is causing the applicant severe personal difficulty (i.e. where an applicant has developed problems with their health since disqualification). The list of possible reasons is by no means limited and expert legal advice should be taken at an early stage in order to maximise the chances of success.
Applications are likely to be opposed by the police and it is crucial that you are represented if the application for removal of disqualification is to be successful.
If your application is unsuccessful then you cannot make another application for three months. It is therefore crucial that the application is made correctly the first time.
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