If you have had your driving licence taken away by a court judgement then it’s possible to appeal the decision and get your licence back early if you have a justified reason. There are however certain terms that you must follow in order to begin the application process. Under Section 42 of the Road Traffic Offenders Act 1988 you are only allowed to request an early release of your driver’s licence after certain periods of time. These time-frames are:
- If two years have passed upon being disqualified for under four years.
- If you’ve passed half of the disqualification time upon being disqualified for less than ten years.
- If you’ve gone past five years in other situations.
When you present a case to get your driver’s licence back early your circumstances must be assessed by the court. They will take various aspects into consideration, such as your character, how you’ve conducted yourself since the starting time of the disqualification, and the circumstances of the events that caused your initial disqualification.
In most cases requests for early returns will be dismissed by the Crown Prosecution Service. If your request gets refused you must wait at least three months before you try again. Anyone who feels like they may have a case should consult a professional in order to increase their chances of success.
Short Term Disqualification
Short Period Disqualification (SPD) is when you get banned from driving for less than 56 days. These driving bans differ from other forms of driving disqualification as you won’t have to renew you licence when the time period has finished. When you are allocated an SPD the court will give you a stamp which indicates the duration of your disqualification. Once this period of time has finished you are instantly free to drive again.
Endorsements on your driver’s licence could lead to serious problems. Allowing too many to build up could result in disqualification. The good news however, is that they expire. The length of time that an endorsement stays on your licence is subject to the seriousness of the conviction. Most endorsements will last for four years; however some offences will stay on record for up to eleven years.
Endorsements that last for eleven years are considered serious convictions, such as; causing death by driving; driving or attempting to drive whilst over the drinking limit; driving or attempting to drive whilst on drugs. Each driving endorsement will vary in terms of how many points on your licence that they carry.
Once an endorsement has expired it can be fully removed from your licence upon application. This process involves filling out an application form and sending it to the DVLA with both your photo-card and paper licence. If you only have a paper licence then you will also need to apply for a photo-card licence. This can be sent with the endorsement removal application.
Ways to Help the Process
Before you begin the application process it’s certainly worth investing in a specialist solicitor to help you with the process. They will be able to inform you of the best possible approach to take, and whether or not you stand a chance of success.
Written by James Sheehan, a blogger with past legal experience