Early Return of Driving Licence following Disqualification

If you have been disqualified from driving, it is sometimes possible to apply for the early return of your driving licence. Section 42 of the Road Traffic Offenders Act 1988 allows a person who has been disqualified from driving by the court to apply to a Magistrates’ Court to remove the disqualification early.

At Olliers Solicitors we have a proven track record of successful applications that give drivers their licence back early, significantly before the end of the disqualification. Our lawyers possess the expertise and experience to effectively prepare your application to make it as strong as possible and give you the best possible chance of it being successful.

Criteria to apply for your driving after a ban

Not everyone can make such an application and we can potentially submit an application on your behalf under the following circumstances:

If disqualified for 4 Years or Less: You must have served at least 2 years of your disqualification.
If disqualified for 4 Years to 10 Years: At least ONE HALF of your disqualification must have been served.
In Any Other Case: 5 years of your disqualification must have been served.

An application cannot be made if the court has ordered a “retest” to be completed.

Will my application for early return of driving licence be successful?

An application will most likely be successful if you can show the court that your circumstances/character has changed since the time of your conviction. By way of summary, the court will likely consider the following:

Your character and conduct following conviction;
The nature of the offence for which disqualification was ordered;
Any other relevant circumstances (E.g. Employment status, family/personal)

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.

Olliers will help you build a persuasive application supported by character references, evidence of changed circumstances, and, if appropriate, supporting documents from employers, medical professionals or family members.

The Hearing

You will be required to attend a court hearing at the Magistrates’ Court where Magistrates or a District Judge will consider your application. Having expert representation at this stage is crucial. Our team can prepare your application, represent you at the hearing and present compelling submissions on your behalf.

What happens if my application is unsuccessful?

If your application is unsuccessful then you cannot make another within a period of three months so, for people who depend upon their licence, it is essential the application is made correctly the first time.

Please contact us to discuss the merits of your application. We will provide you with an honest and frank opinion on whether we think your application can be successful and if you decide to proceed with your application, we can offer you a fixed fee for our representation.

Why Choose Olliers Solicitors?

Over 40 years of experience in motoring defence
Ranked in Chambers UK, Legal 500 and The Times Best Law Firms
Manchester Legal Awards Crime team of the year 2024, an award we have seven times since 2011
A proven track record in helping clients get back on the road
Tailored, proactive advice and support throughout the process

Need a Specialist Motoring Lawyer?

If you want to apply for your licence back early contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).