Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Removal of a Driving Disqualification
When Can I Apply?
You can only make application to the Court after the following time limits:
- two years, if the disqualification is for less than four years,
- one half of the period of disqualification, if it is for less than ten years but not less than four years,
- five years in any other case;
Therefore, if your disqualification is less than two years, you cannot apply.
Also, if you were ordered to take a re-test it is not possible to apply.
The Court Procedure
Upon making application to the Court in writing, the matter will be listed for a hearing.
The Court will have regard to:
- the character of the person disqualified and his conduct subsequent to the order,
- the nature of the offence, and
- any other circumstances of the case,
Examples of circumstances where an application may be appropriate:
- Job opportunities – i.e. a new job that is dependent upon the ability to drive;
- Health issues – of either the disqualified driver or a family member that would benefit from the ability to drive;
- Family issues – contact with children being dependent on the ability to drive.
Applications are usually opposed by the police in Court.
If your application is unsuccessful, you are prevented from making a further application for three months.
Courts are not easily satisfied and your case needs to be presented with strong supporting evidence.
Kangs Solicitors can offer you initial advice in relation to the prospects of making a successful application.
We can prepare the application and represent you at the court hearing.
Contact our specialist motoring defence team to obtain a quote for our fixed fee representation.
Under Section 103 of the Road Traffic Act 1988 (‘the Act’) it is an offence to drive a motor vehicle on a road whilst disqualified from holding or obtaining a licence. An offence of this nature is dealt with in the Magistrates’ Court and considered a very...
Many businesses will receive a Notice of VAT Assessment and Penalty Notice from HMRC during the course of their existence. One such Notice of VAT Assessment from HMRC is based on the Kittel Principle. If you receive a Kittel Notice from HMRC it is important to act...
Kangs Solicitors has recently successfully assisted a client, a female Somalian national, obtain Further Leave to Remain in the UK under the Derivative Rights of Residence under the EEA Regulations. The Circumstances | Kangs Immigration Solicitors Our client entered...
In view of the current turbulent and uncertain worldwide financial situation encompassing depressed property and stock markets and a potential decline in the value of assets generally, both now and in the foreseeable future, it is clear that those subject to the...
The powers of the Company Investigations arm of the Insolvency Service derive from the Secretary of State for the Department of Business, Energy and Industrial Strategy under the Companies Act 1985 (‘the Act’). Kangs Solicitors has expert teams of insolvency lawyers...
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street,
London, EC4Y 0DR
020 7936 6396
76 King Street
Manchester, M2 4NH