If you have served 2 years of a sentence of 4 years or less, or have served half of a sentence of 4 to 10 years you may be eligible to apply for a sentence reduction. Please read on for more information.
I’m currently serving a 3 year drink driving ban and have served 2 year 1 month of it already can I apply now if so how as my work is suffering and there are 4 children in question also
Yes you can apply for the ban to be lifted early if you have served at least 2 years of it. You have to show that there are compelling grounds, normally that other people need you to be able to drive, and that you have been of impeccable character since the ban was imposed.
The court will also look at the original offence and you have to make the application at the court that convicted you.
Failure to Supply, Can I Reduce 17 Month Ban?
I was charged with failure to supply analysis in x (date of offence x) & pleaded not guilty due to medical reasons. I was banned for 17 months. I have since completed a TTC course.
I am x months pregnant & have several personal circumstances which mean life is very difficult without use of a car. I have asked the magistrate if they can reduce my ban/start it from the conviction date however the magistrate legal adviser has said there is no clause to enable the magistrate to do this as she sure they would be sympathetic in my case.
Surely if they have the power to take my licence they have the power to give it back? She said the only way to do it is to appeal which I cannot do.
Is there any clause/policy that they can reduce my ban/quash the conviction or start the ban from my conviction date if I pleaded not guilty??
I’m afraid not. The court clerk is right. You can only apply to lift a driving ban early if the ban was for at least 2 years. You cannot apply to lift a ban early if the ban is for less than 2 years.
Your only option would have been to appeal against sentence but you have to do this within 21 days of the sentence being imposed. So sorry but there is now way to lift the ban early.
Application to get your licence back early after a ban
I found your details on the internet following some research on my sentence. I am currently serving a 3 year driving ban having been banned drink driving for the 2nd time. I was caught again 9 months into my original first 18 month sentence and given another three years.
Two years have now passed and having grown up a bit am doing well in a new job with possible promotion coming shortly. Would I be eligible to apply to the court to get my license back early?
I successfully completed the DIDs programme and had my supervision dropped due to good behaviour. Having gone through a tough year in x I have got my act together with a very good job and need my license back to progress with the company.
Having worked hard in school and university I am ready to put all this bother behind me once and for all and hopefully take this opportunity available to me. Any information you could provide me with I would be more than grateful.
Thank you for your question.
Yes you can apply for your licence back early. The court take into account the way you have behaved since the sentence was imposed, the reasons why you need your licence back and the nature of the original offence.
We would have to apply to the court that sentenced you and there is a £200 court fee.
If you would like my help I would charge a fixed fee (see fees here) for my services and this includes your representation at court. These applications are not easy and the court takes allot of persuading – you are effectively asking the court to change the sentence originally imposed. The prosecution have the right to oppose the application.
If you would like my help come back to me and I will be happy to assist.
Application to get your licence back early after a ban
I am banned for drink driving. I got a 3 year driving ban because it was my second time. I have done 2 years of my ban and want to get my ban shortened because I need my licence for my job. How much will it cost and do you think I have a chance?
I charge a fixed fee to help with this. (see our fees here) This includes your representation at court. The application will not be easy and you have to have good grounds to stand any chance of succeeding. Do you want to tell me more about why you need your driving licence back again and I will be able to better assess your prospects of success.
We would have to make the application to the court that convicted you and we can do that ASAP as you have served at least 2 years of the driving ban.
I lost my licence in September 2008 for three years for drink driving, it was the second time!
I’ve heard that I can apply for my licence after I’ve served two years of the three is this correct?
Any advise would be much appreciated
Thanks
Yes you can apply to have your licence back early once you have served at least two years of the ban. Its not easy and the courts are generally reluctant to undermine the decision of the earlier court.
You have to show that you have been of good behaviour since the order and that you desperately need your licence back for a very good reason.
If you would like to tell me more I will be happy to help further.
I received a two year ban for being over the legal limit in August x. Since then I have successfully completed a REFORM course, a DIDS course and a period of unpaid work.
I have been informed that I could possibly appeal for my licence to be reinstated – particularly because I am suffering exceptional hardship as I have been out of work for 10 months due to my job involving daily driving.
I am eager to receive advice on whether this is possible and how to go about it.
I am sorry but you can only apply for a ban to be lifted early if the ban was for more than two years. You cannot apply for a ban to be lifted early if it was for two years or less.
This rule is set down in law and the court has no discretion to vary it I’m afraid. The only thing you could do is appeal the sentence imposed but you have to do that within 21 days of the sentence being imposed and I doubt they will grant you leave to appeal out of time and then vary the sentence.
Hi what it is I was banned in December x for 3 years the problem is my father had a stroke about six weeks ago and lost his sight in the corner of his eye and could lose his licence.
We work together he drove me to work because I was banned but now he could lose his licence we would both lose our jobs. I know that this might not work because I’ve only been banned for six months. I’ve done the drink drive course as well just need some advise thank you
I’m afraid that the earliest you can apply for the ban to be removed is after you have served two years. Therefore the earliest you can hope to get the ban reduced is after December x.
The only other option is to appeal the sentence imposed out of time but if you got a three year ban the alcohol level must have been really high or you must have had a previous conviction for drink driving – in which case three years is the minimum that could have been imposed.
I am 23 years old, I was convicted at 18 years old for being slightly over the limit, I got 18 months and a rehab course to take it down to a year.
Then 18 months ago I was again convicted of not being able to provide a specimen but I pleaded not guilty as I was sure something had happened to my drink because of the way I was behaving after only having two drinks but was found guilty, so got a 3 year ban.
I would like to attempt to get my license back early, I have not had any other run in’s with the law and I am currently half way through a plumbing course, I need to be driving in order to get myself an apprenticeship to take my qualifications further. Any advice you could give to me I would be grateful
You can apply for your licence back early after you have served at least two years of the ban. You cannot apply any earlier than that.
You have to make an application to the court that convicted you and there is often a small fee.
The success rates are not great but if you have been of good behaviour and there is a good reason why you need to be able to drive then it’s worth giving it a go.
Come back to me if you would like my help with this matter and I will be able to assist further.
Keep my details and give me a shout when the two years are up and I will be able to help further.
I was charged and convicted for excess alcohol and given a 30 month driving ban from x 2009. I agreed to attend an approved driving course, (which would take 7 months off the ban).
Given one year is almost up, can I appeal to the courts to lift the balance of the ban? Reasons being, travel to/from work, hardship, ill health, abstinence since x 2009, Community Order being Revoked on Good Progress and successfully completed alcohol rehabilitation.
The earliest that the ban can be lifted is after you have served at least two years I’m afraid.
The court will struggle agree to lift the ban after 2 years unless you can convince them that there are very good grounds why they should.
Come back to me if you would like my help with this application after two years have passed.
Got three year driving ban because 2nd offence in 10 years, 2 years is up 04.04.x and really causing me and my family problems not having a licence.
New daughter arrived and have my own business, which requires my licence, so most if not all profit goes to paying driver to keep my work going. Is there a chance of getting my licence back once the 2 years is up. Regards James
Yes there is a real possibility you will be able to get it back after you have served two years of the ban. You need to have been of squeaky clean behaviour in the last two years and there needs to be compelling reasons.
Would you like my help making the application? They are not easy and the prosecution has a right to put forward their views.
Hi, I am currently serving a ban of 28 months for drink driving and was wondering if it was worth appealing against as I have just started a new job and it would be ideal for the company if I could drive, if not they will look for someone else for the job who can drive. I have already served 10 months of the ban.
The earliest that you can ask for the drink driving ban to be lifted is after you have served two years. Therefore you have a long time to wait.
You have to appeal against sentence within 21 days of the sentence being imposed. If you were sentenced ten months ago then it is way too late to try and appeal.
I have been banned for 3 years for drinking and driving. Can I appeal a 3 year drink drive ban?
What was the reading and have you ever been banned for drink driving before? If so, when? The minimum ban is 3 years if you have had another mandatory ban in the last ten years.
Tell me more and I will be able to help, but act fast because you have to appeal within 21 days of conviction/sentence.
See All Frequently Asked Question Offence Categories Here
About Us – See here for details about our law firm.