Can I Apply For An Early Return of Licence?
Have you been disqualified from driving for more than 3 years?
Have you served almost half of your sentence (or a minimum of two years)?
If you have said yes to both of these questions then you could be eligible to make an application to the courts to allow you to reapply for your licence before the disqualification period has finished. This early return of licence is in addition to any credit applied for successfully completing any court offered courses (such as the Drink Drive Rehabilitation Course). So for example if you were disqualified for 4 years in May of 2012 you could now make the application as you will have served half of it by the time of the hearing, so could gain up to 12 months further reprieve (48 months – 24 months already served + 12 months credit for the course = 12 months gained!)
At Forrest Williams we know that people rely on their cars and that being without the means to drive can have a significant impact on the quality of your life and those around you. We know that your life now may not be as it was when you were disqualified. We are experienced in supporting client through the application process, both in preparation and at court, to persuade the courts to grant the early return of licence.
The application itself is not difficult – you simply need the courts to agree to list the matter. What is hard though is persuading the courts that your licence should be returned early. In effect you are asking the courts to amend its earlier sentence – one which they will have considered as appropriate when passing initially. This will require you to attend court and give evidence in person as to why the courts should amend their earlier decision.
The courts will consider:
- The circumstances of the original offence which led to the disqualification
- Your conduct since
- Why you are making the application now.
At Forrest Williams we work with you to show the courts not just that you want your licence back but why you need it. We work very closely with you preparing documentary evidence to provide to the courts to support the assertion that not only do you need your licence back, but that should they agree to the application, that they are satisfied that you will not be back before them for a similar offence.
We recently helped a gentleman in Stoke Magistrates Court regain his licence a full 18 months earlier than he should have done. His mother’s health had taken a turn for the worse and he wanted to be able to spend more time with her, time he wasn’t able to by making use of public transport due to the distance between them. Without his licence he could only get to see her at the weekend, with it back he would be able to pop over most nights. We worked closely with her carers to provide the court with references to support the benefit having her son around would have on her. We worked with him to help the courts see that he did not pose a risk of reoffending, we provided them with medical evidence to support that his body showed no effects of ongoing alcohol or substance abuse. The courts granted the application and our client was delighted!
At Forrest Williams we know that every case is unique and because of that we do not have a ‘one-size-fits-all’ approach to cases. If you are considering making an application for early return of licence then give us a call on 01623 397200. We will listen to you, hear your story and advise you as to the strength of any application.
Tags: Early return of licence