Disqualification Removal Case Studies

Disqualification Removal Case Studies

We have successfully represented many disqualified drivers seeking removal of a disqualification. Read some of our case studies below.

Disqualified Driver – Case Study 1

Bury Magistrates’ Court

Our client was a self-employed builder. Driving to work one day, he was astonished to be stopped by the police and told he was disqualified from driving for 12 months. He had no idea he was disqualified and had not been notified of the hearing.

Worried about his business, he consulted Richard Silver. On checking the court papers we discovered that the hearing at which he was disqualified had gone ahead without him and that the Court had written to the wrong address.

Within a few days, we were able to arrange for the case to be re-opened. We were then able to persuade the Court to lift the ban on the grounds that our client could not run his businesses without driving. Had the ban remained, his business would have been ruined.

Disqualified Driver – Case Study 2

Oldham Magistrates’ Court

Our client was a delivery driver. Without legal representation, he was disqualified from driving for 12 months, even though he had only 6 points. He could not understand why he had been banned and asked Richard Silver to help.

Within 24 hours, having obtained and checked the relevant DVLA and court records, we ascertained that due to a mistake by the Court he had been wrongly disqualified. The following day, the Court granted our application to lift the ban.

Disqualified Driver – Case Study 3

Winchester Crown Court

Our client lived in London and ran a small care home in Portsmouth. He pleaded guilty to speeding and this placed him at risk of disqualification under the totting-up system. He could not run his business without driving. To make matters even more critical, his wife had just had a baby

He sought representation in the Magistrates’ Court from a firm of solicitors in South-west England. He did not meet the lawyer who was supposed to be dealing with his case and everything was done over the phone by an unqualified paralegal.

On attending Court he met his lawyer for the first time. Unsurprisingly, the lawyer knew little about the case and the Magistrates handed down a 6 months driving ban.

Our client then instructed Richard Silver to appeal on his behalf. Following meticulous preparation and a lengthy hearing, we were able to demonstrate to the judge that our client could not operate his business without driving and that his wife also relied on him being able to drive. As a result, the ban was lifted and he was able to resume driving immediately.

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