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.
The Outcome
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
Useful Articles
What happens at a Traffic Commissioners Public Inquiry?
Traffic Commissioners are responsible for licensing and regulating operators of heavy goods vehicles (“HGVs”), public service vehicles (“PSVs”) including coaches and local bus services. They can also take action against drivers including suspending or revoking...
Will I get banned from driving with 12 points on my licence?
Will I get banned from driving with 12 points on my licence? Penalty points can be imposed against driving licences for a variety of offences such as speeding, careless driving, or using a mobile telephone whilst driving. For drivers who are at risk of receiving...
Legal Loopholes in Driving Offences
Our Birmingham based Driving Offence Lawyers are frequently asked about ‘Legal Loopholes in Driving Offences’ by clients / potential clients and whether we have a Birmingham Loophole Lawyer within our team that can save them from receiving a Driving Ban. In this...
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.
Our Offices
Birmingham Head Office
1 Victoria Square
Birmingham
B1 1BD
London Office
5 Chancery Lane
London
WC2A 1LG
Milton Keynes Office
Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA
