Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

Removal of a Driving Disqualification

CHAMBERS UK

“They really go the extra mile for the client. They’re real experts in the field and they have a proven track record”

Section 42 of the Road Traffic Offenders Act 1988 states that a person who has been disqualified from driving may, under certain circumstances, apply to the Court for early removal of the 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:

  1. the character of the person disqualified and his conduct subsequent to the order,
  2. the nature of the offence, and
  3. any other circumstances of the case,

Examples of circumstances where an application may be appropriate:

  1. Job opportunities – i.e. a new job that is dependent upon the ability to drive;
  2. Health issues – of either the disqualified driver or a family member that would benefit from the ability to drive;
  3. Family issues – contact with children being dependent on the ability to drive.

Contested Hearings

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.

Our Expertise

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.

Contact

Legal 500

“Kangs Solicitors is rated for the ‘proactive, expert defence’ it provides to executives and high-net-worth individuals”

Legal 500

“Tenacious in challenging the prosecution”

Legal 500

“It has very bright individuals at all levels who know the system inside out”

Legal 500

“This is a first-class firm with unrivalled experience, a great track record, an acute attention to detail and a tenacity that clients really rate are features of this firm”

Legal 500

“Client care and expert knowledge of their areas of practice. A close-knit team that are always available to clients”

Legal 500

“Kangs ensure the work it does is to the high standards”

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