Early Removal of Driving Ban: Application Granted
Our Case Study
Nature of the Offence
Mr Haughton received a four-year driving disqualification from the Magistrates’ Court for an offence of drink driving. He had now served two years of his ban and appointed us to apply for an early reinstatement of his driving licence.
Early Removal of Driving Ban
Under Section 42 of the Road Traffic Offenders Act 1988 a motorist that receives a driving ban of four-years is entitled to apply to the Magistrates’ Court after two years for early removal of the disqualification.
Where the Offence Occurred
Mr Haughton committed the drink driving offence in Walsall and was sentenced for that offence (two years earlier) by Walsall Magistrates’ Court. Under Section 42 of the Road Traffic Offenders Act 1988 the application for early removal of the ban must be lodged to the same Court which imposed the sentence.
We represented Mr Haughton at his Court hearing and highlighted how his personal circumstances had changed over the past two years, the fact that he had made significant positive changes to his life and the detriment the disqualification of a further two years would cause to his family life.
The Magistrates’ carefully considered our submissions and granted our application. This resulted in his driving ban being lifted and he was permitted to drive two years earlier than he initially anticipated.
Names have been altered for client confidentiality reasons
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