Early Removal Of Disqualification FAQs

Appeals for an early removal of a disqualification can be a confusing & complex process. Below are commonly asked questions answered by an experienced motoring law solicitor.

Q: Does loss of job amount to exceptional hardship?
A:

Loss of job is sometimes, but not necessarily, enough. Hardship to others, for example, dependent family members or employees will often carry more weight. Every case is different and it depends on the circumstances.

It is usually necessary to show not only loss of employment but also other related circumstances such as being unable to pay a mortgage or bank loan as a result. Other relevant factors would be reflected hardship on the driver’s business, family, career or long-term prospects.

Loss of employment is not the only issue you can argue. Other relevant factors may include issues such as mobility problems, disability and lack of public transport. These may apply whether or not a job is at stake. Again, evidence will be needed.

In practice, different Courts have very different interpretations of what amounts to exceptional hardship and some require more persuasion than others. Supporting evidence is almost always essential.

Q: I have been banned from driving. Can I get my licence back early?

A: This depends on the following circumstances:

  • If you were banned for 2 years or less, you cannot apply at all. Your only option would be to appeal IF you were in time and had grounds.
  • If you were disqualified for less than 4 years, you can apply after 2 years.
  • If disqualified for between 4 and 10 years, you can apply when half the period has expired.
  • If disqualified for 10 years or more, or for life, you can apply after 5 years.
  • In deciding whether to remove a ban, the court has to take into account your character, conduct since conviction and any other circumstances.

We have considerable experience of these cases and can help you. We have saved the licences of doctors, taxi drivers, business owners, sales people and many others who need to drive for their job or business, as well as people who need to drive to care for children or elderly parents.

Is your licence or livelihood at risk? – Our solicitors can help. Call 0808 231 7107