Applying for Return of Licence Following a Ban
If you plead guilty or are found guilty, you will be disqualified for a minimum period of 12 months.
When your disqualification period is over, the DVLA should automatically send to you the necessary application forms to apply for licence after ban.
You should automatically be sent a D27 and D750 reminder application forms, 56 days before the period of disqualification ends. However, if prior to your period of disqualification you were a paper licence holder, you will now be required to send ID to the DVLA as your new licence will be a photocard licence. The form should be submitted with the fee. You can obtain up to date fee informtion from DVLA. The DVLA website is very informative and should be consulted should you require any further guidance on this subject www.dvla.gov.uk
If, for any reason, you do not receive the reminder application forms to apply for your driving licence autmatically you can obtain an application form (D1 application form) either from the DVLA form ordering service or from and Post Office branches.
It is important that you do not drive until you have received your new licence as this would constitute a separate offence, known as ‘driving other than in accordance with a valid licence’, even if the period of disqualification has expired.
Applying for Return of Licence Early
There are circumstances when you may make an application to the court to remove the disqualification that was imposed when you were convicted. This is only possible if no retest has been ordered (usually in dangerous driving cases). The application must be made to the court that imposed the original ban and they will consider the following criteria:
- the offender’s character and post-conviction conduct;
- the nature of the offence for which he was convicted; and
- any other circumstances of the case.
An application may only be made if:
- two years have passed since disqualification of four years or less was ordered; or
- one half of the period of disqualification has passed, if four years to ten years disqualification was ordered; or
- five years have passed in any other case.
If your application is refused, it is possible to renew the application after a period of three months from the date of refusal.
Geoffrey Miller Solicitors are happy to assist with such applications for a fixed fee. Please call or email us to seek further advice in relation to your own specific circumstances.
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