Driving offences

Early reinstatement of a driving licence

Section 42 of the Road Offences Act 1988 states that, depending on the circumstances, those disqualified for more than two years may apply for early reinstatement of their licence once the initial two years has passed. Our expert solicitors explain how and why we may be able to help with early reinstatement of your driving licence.

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Licence disqualification solicitors

Slater and Gordon’s experienced road traffic defence lawyers have the experience and the expertise to help get your licence back. Call us now on 0161 830 9632 or contact us and we’ll call you.

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How do I get my licence reinstated early?

If you’ve been disqualified from driving for more than two years, the law allows you to apply for your licence to be reinstated after as little as the first two years of your disqualification have elapsed. In practice this means that when you’ve been disqualified for:

  • 4 years or less: You can apply for reinstatement after two years
  • 4-10 years: You can apply for reinstatement after half of the disqualification period has elapsed
  • 10+ years: You can apply for reinstatement after five years

This isn’t to say that you’ll automatically have your licence reinstated simply because you make an application. You’ll need an expert solicitor to argue on your behalf in the court that issued your driving ban in the first place. In most cases, the Police and the Crown Prosecution Service (CPS) will oppose this early reinstatement and the court will need to be convinced either by new evidence or perhaps by a change in your circumstances.

Some of the arguments that may sway a court in the right circumstances include:

  • Facts that explain why you committed the offence, which weren’t taken into account at the time you received your disqualification from driving.
  • Evidence of your good conduct and good character since you were disqualified: such as proof that you’ve overcome drinking problems or drug addiction, where that was a factor in your disqualification.
  • Facts about your family circumstances and employment status that might cause the court to show lenience.

It goes without saying that the result of these applications is always uncertain and very much depends on your solicitor making a compelling case on your behalf before the court. It’s also worth noting that if your application is refused, you’ll have to wait a full three months before making another application.

If you believe there are grounds for having your driving licence reinstated before your disqualification expires, you should talk to an expert road traffic offence solicitor today. Call us now on 0161 830 9632 or contact us online and we’ll call you.

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