Early Removal of Driving Disqualification (Driving Ban)

If you have been disqualified from driving, our expert motoring solicitors may be able to help you apply to have the ban removed.

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Application for Early Removal of a Driving Disqualification

If you are currently serving a driving ban, there are specific circumstances under which you may apply to the Court for a reduction or removal of the disqualification. Any application is governed by Section 42 of the Road Traffic Offences Act 1988. If your ban exceeds two years, you could be eligible to seek its removal.

‘My driving ban is longer than two years’

For driving bans longer than two years, the following time restrictions apply:

  • Ban of 4 years or less: You can apply for early removal after serving two years of the ban.
  • Ban of 4 to 10 years: You may apply after serving half of the total disqualification period.
  • Ban of more than 10 years: An application can be made after five years of the ban has been served.

How the Court assesses applications for early driving disqualification removal

The Court will have to scrutinise the application and take several factors into account before deciding, namely:

  • Your character and your conduct since the date of the original offence
  • The reasons behind why you need your licence to be returned to you
  • The reasons for you being disqualified originally

After considering the application, the Court can either:

  1. remove the disqualification altogether,
  2. shorten the length of the ban, or
  3. refuse the application. If the application is refused, you would have to wait 3 months before applying again.

Any such application would have to be presented before the Court that imposed the original penalty. The way the argument is put forward is key as is the need for supportive evidence.

Who we are and how we can help

We are expert motoring offence solicitors committed to providing the legal guidance you need to maximise your chances of a successful outcome.

If you are currently serving a ban, please do not hesitate to get in touch to discuss your potential eligibility to apply for the early removal of the ban.

For help and assistance with your case, get in touch with our team. One call will enable us to explain your current position and how we can help you.

John Ruane Solicitor

John Ruane

Your Expert Motoring Offence Solicitor

020 8798 3963

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    What is the process for removing a driving ban?

    First, you must submit an application for early removal to the Magistrates’ Court that issued the original ban.

    If you are eligible to have your ban removed, a hearing will be held to decide if your ban can be removed. The police will also usually be represented at this hearing and may challenge your application.

    As you will be required to attend the hearing and present evidence as to why your licence should be returned, it is recommended to have specialist legal representation. At JHR Solicitors, we can help you with all the steps and ensure you have the best chance to have the ban lifted.

    Can you get a driving ban overturned?

    An application for the early removal of disqualification is not the same as applying to have the ban removed altogether. Such an application would need to made via the service of an appeal notice against conviction or sentence.

    An application for the early removal of a disqualification would involve making oral submissions to the Court for the ban to conclude earlier than what was ordered when you were sentenced originally.

    The Court’s perspective on disqualification applications

    When considering an application for the early removal of a driving ban, the court places significant emphasis on character assessment.

    For instance, if you have been disqualified for up to four years due to a second drink-driving offence within ten years, the court will take the application seriously if you can demonstrate substantial personal change and learning from past mistakes.

    Presenting compelling character evidence is important, as it can illustrate your commitment to rehabilitation and responsible behaviour since the original offence.

    By showcasing a positive transformation, the driver increases their chances of having the disqualification lifted.

    Therefore, it is recommended to have a specialist road traffic solicitor by your side to give you the best chance of successfully applying to remove your disqualification in court.

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    Frequently Asked Questions

    You can, but this would be the Drink Driving Rehabilitation Course. This is usually offered for those convicted of drink driving offences for the first time and course attendance results in the ban being reduced by 25%.

    An application for the early removal of disqualification is a separate application that allows the Court a discretion to order the ban to end earlier than what was originally ordered on the date of sentencing.

    You would need to reapply to the DVLA. This may involve the completion of a medical prior to your licence being returned.

    If the application is refused, you would need to wait three months before applying again.