Financial & Legal News

Three Year Driving Conviction Reduced by Six Months Enabling Driver to Re-Apply for His Licence

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Our client had been disqualified from driving for a second drink drive offence within 10 years of the first drink drive conviction. Minimum disqualification was 3 years. Our client had problems with alcohol abuse which had resulted in the offence. He had successfully completed his sentence which included a community penalty, had also undergone rehabilitation and was now wanting to obtain the return of his driving licence from DVLA sooner than the 3 year disqualification.

The 3 years disqualification was the minimum imposed because of the previous drink drive conviction and therefore any reduction in the disqualification would bring him below the "minimum imposed by law".

It is open to apply for the return of a driving licence after 2 years of disqualification. Our client had made a good recovery and was holding down his job but needed to have the return of his licence so that he could improve his prospects with this employer who was expanding. Our client had ongoing treatment at hospital and required the use of a car for convenience, to go to appointments and also facilitate his contact with his daughter to his estranged partner. An application was made to the Court, appropriate evidence obtained from his employer, GP and other rehabilitation providers. The Court agreed to the application whilst noting the seriousness of the offence. They acknowledged the efforts that our client had made in dealing with his alcohol abuse and reduced the disqualification period by 6 months, allowing our client to reapply for his licence to the DVLA almost immediately. Our client was, therefore, able to secure his employment position, income, maintain his relationship with his teenage daughter, have less time away from work and home and attend further hospital appointments.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

Written by Andrew Murray


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