Early Return Of Licence
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Early Return Of Licence
Disqualification from driving is seen as a severe penalty, and is typically only handed down to those that commit the most serious offences, or that repeatedly commit lesser offences. While it may be possible for a solicitor to argue that you would suffer exceptional hardship by having your licence taken from you, there is still the chance that you will be disqualified. However, if your circumstances have changed, you meet certain stipulations and criteria, and the courts agree, then it may be possible for you to have your licence returned, and your disqualification completed, sooner than originally set out.
You should enlist the help of professional motoring offence solicitors or lawyers, however, because it is down to you to prove that you should be allowed your licence back, and the CPS will almost certainly oppose any application for the early return of your driving licence. However, with a compelling argument, and as long as you served at least half of the disqualification period, there may be a chance that you could be back on the road and driving again before you expected.
Reasons For Early Return
Being disqualified from driving can have a major impact on your life. It can make it difficult, or even impossible, to continue with your job, it can mean finding alternative means of transport to get around, and it can even mean that family members, including the kids will ultimately suffer. The courts expect a degree of hardship when handing down sentence, which includes a driving ban, but they will listen to cases where circumstances have changed as well.
In order to be eligible to apply for the early return of a driving licence, you must have served 2 years of disqualification for a sentence of 4 years or less, have served half the period of disqualification if the original sentence was for a period of between four and ten years, or you must have been disqualified for a period of five years if your original disqualification was for a period of ten or more years. If you meet these criteria then it is possible to apply in writing to the court that originally sentenced you.
Building Your Case
Be aware that the CPS, virtually as a matter of course, will oppose the application for the early return of a licence. However, if it can be proven to the courts that you would miss out on a new job or a promotion, that ill health suffered by you or a close family member requires the use of a car, or that the disqualification could lead to the breakup of a family life, then you may be granted the right to receive your licence back early.
Securing The Early Return Of Your Licence
Getting your licence back early can provide you with the means of being able to get around once again, but it is not a simple case of applying and definitely getting your licence back. Qualified and experienced motoring lawyers can help to put your case forward and give you a better chance of being able to reclaim your driving licence.