Removal of Driving Disqualification
Do you need to get a driving disqualification removed?
Understanding the Law
In England and Wales, if you have been disqualified from driving, you may be eligible to apply for the removal of the disqualification after a certain period. This process is governed by the Road Traffic Offenders Act 1988.
The possibility of early removal of a driving disqualification offers an opportunity for those who have demonstrated good behaviour and a commitment to rehabilitation to regain their driving privileges before the original disqualification period ends.
Eligibility for Removal of Disqualification
To apply for the removal of a driving disqualification, you must meet specific criteria based on the length of your disqualification:
2 years or less: You cannot apply for early removal.
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More than 2 years but less than 4 years: You can apply after serving 2 years of the disqualification.
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4 years but less than 10 years: You can apply after serving half of the disqualification period.
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10 years or more: You can apply after serving 5 years of the disqualification.
It is important to note that the court has discretion in deciding whether to grant the application based on various factors, including your behaviour during the disqualification period and the reasons for the original disqualification.
The Application Process
The application for the removal of disqualification involves submitting a formal request to the court that issued the original disqualification. The process includes:
1. Filing the Application: Submit an application to the relevant court, outlining the reasons for requesting the removal of the disqualification.
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2. Court Hearing: Attend a court hearing where you will present your case. The court will consider factors such as your conduct since the disqualification, any offences committed during the disqualification period, and the reasons for needing the disqualification removed.
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3. Court Decision: The court will make a decision based on the evidence and arguments presented. If the application is successful, your disqualification will be lifted, and you will be eligible to apply for a new driving licence.
Defending Against Removal of Disqualification
If you are considering applying for the removal of your driving disqualification, it is crucial to seek legal advice to ensure the best possible outcome.
An experienced lawyer can help you prepare a strong application, gather supporting evidence, and represent you in court.
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Joe Rawlings can also assist in cases where the DVLA has revoked or refused to issue a driving licence on medical grounds. In such cases there is a right of appeal to the local Magistrates’ Court.
Joe has been successful on behalf of clients in this regard and that success has resulted in the DVLA having to issue an immediate licence.
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Get in touch with Joe Rawlings today
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If you are seeking the removal of a driving disqualification, don't navigate the process alone.
Contact Joe Rawlings today for expert legal assistance.
Joe specialises in applications for the removal of disqualification and will work tirelessly to help you regain your driving privileges.