restoration of driving license

gkeating

Hi,the restoration of my license is comming up after 1yr of a 2 yr ban,if anyone has suffered this similar shame,could they please tell me what is a suitable reason to the court for a restoration..all advice much appreciated

hullaballoo

Just to let you know that I'm leaving this open based on the premise that people are going to give common-sense responses rather than legally accurate analyses.

grumpytrousers

Usual reason tends to be 'I need it for work'...from what friends of friends say, it all depends on the Judge you're up in front of. If your solicitor is bothering to make the application, then the chances are that the judge is amenable to restorations in general and he should be able to guide you thru the process a lot more than anybody on the interweb!

You need to show contrition and pretty much demonstrate that you've no desire to come before the judge ever...

Thirdfox

An apology goes a long way!

peckerhead

Can I piggyback here?
I've an old friend in exactly the same situation who's asked me to help him draft a letter, and I'd appreciate any advice anyone can give — not so much about matters of style, or which forelock to tug, but rather the correct 'protocol' to be observed. I assume the letter should be addressed to the District Court where his ban and fine were handed down — but should he also CC it to his local Gárda station, with a suitably remorseful covering note? Or should he call, cap in hand, to the Gárda station before writing to the Court? Or should he not go near the Gardaí at all? (not that they'd have any particular reason to object to the application, as far as I'm aware...)

Thanks in advance for any tips you can offer.

AnnaStezia

This topic mystifies me.

On what legal authority can the O.P. get a reduction in the period of suspension half way through the relevant period ?

The original sentence was a two year ban. I presume that this is not an appeal case against severity of the original sentence. So, on what legal basis can O.P. seek a restoration of licence after one year ?

By the way I am not making any comments on the merits of the O.P.'s case but I am querying the legal basis on which such an apllication can be grounded.

peckerhead

Can't quote the legislation, but see here (scroll to the end).

If you have been disqualified from driving and wish to apply to the courts for an early restoration of your license, you may do so in person or through a solicitor following payment of the appropriate fee. You may apply for the early restoration of your driving license when half your disqualification period is over, but you cannot appeal convictions involving 3- and 6-month mandatory disqualifications from driving.

Attreu

Has the law changed on this?

From what I've read you cannot appeal if your sentence is less than two years.

Has anyone got an update on this?

grumpytrousers

there's a difference between appealing your sentence and getting your license restored early. In the former, you effectively state 'oh come on, that's a bit harsh' and take your case from the district Court to the circuit Court where the judge can give you more/less/the same penalty as previously.

in the latter circumstances, you take your punishment in the District Court and you're off the road; then after serviing half your time off the road, you can apply to get the license back. You've still been convicted etc, but it's just discretionary that you can get back on the road early. Mind you, if you ever get into drink-driving trouble again, you might as well forget ever driving again!

Attreu

I was referring to the early restoration of a license halfway through a ban.

As far as I can see the law changed on March 5 this year.

Are people convicted prior to this change bound by the new law?

i.e. Is it not possible to apply for early restoration even if convicted before march 5?

Our man in Havana

It has always been possible to get a restoration. The district courts used to be full of applications. Judges can impose conditions such as attendance at AA or doing a alcohol awarness course, production in court of a written insurance quotation etc.

Jo King

The legal authority to have a disqualification lifted comes from Section 29 of the Road Traffic Act 1961. However Section 29 was replaced by Section 7 of the Road Traffic Act 2006 which came into effect on 5th March 2007.
The Dublin District Court Office is refusing to process applications for restoration of licences on the grounds that the courts now have no power to restore them.
The situation is different in some districts. Licences were restored in Ballina last week.
The procedure to have a licence restored requires an application for listing through the District Court Office and a motion to The Garda Superintendent with two weeks notice.
Legally the situation is unclear. A District Judge in the South West has referred the matter to the High Court. I know of attempts to move things along in Dublin by one solicitor.

johnnyskeleton

Attreu wrote:

[1] Are people convicted prior to this change bound by the new law?

[2] i.e. Is it not possible to apply for early restoration even if convicted before march 5?

It's an interesting question because on first glance it involves the question of retrospective legislation.

Prior to s.7 of the 2006 Road Traffic Act being commenced, a person could apply 3 months after he was convicted to have the remainder of the disqualification period removed. When s.7 was commenced on the 5th march, a new system was imposed whereby:
1) it only applies to disqualifications over 2 years,
2) it only applies to first offences,
3) half of the disqualification must be served before an application can be made,
4) the maximum amount of time that can be remitted is 1/3 of the total.

The normal rule of legislative effect for criminal offences is that the law in effect on the date of the offence is the law which the person will be charged under, even if his trial is several years ahead. If, for example, a person was charged with an offence that on the 1st January, 2001 carried a maximum penalty of 5 years imprisonment, but when it came to court on the 31st July, 2001 a new act was brought in bringing it up to a maximum of 10 years, the court can only impose the law as it was on the day in question i.e. 5 years.

However, because s.29 of the Road Traffic Act, 1961 (as replaced by s.7 of the 2006 Act) provides for a discretionary relief from a disqualification (i.e. there is no automatic right to have a disqualification removed) and it is a separate proceedure which does not form part of the sentence, my view is that there is no right for a person who would have been able to apply under the old s.29 to apply now under the new s.29, unless they meet the new qualification criteria above.

So to answer your questions, [1] Yes, and [2] It is possible, if you meet the criteria of the new s.29.

cast_iron

johnnyskeleton wrote:

Prior to s.7 of the 2006 Road Traffic Act being commenced, a person could apply 3 months after he was convicted to have the remainder of the disqualification period removed.

I thought, under the old system also, half the disqualification had to be served before applying for it back.

Anyway, I've seen people get it back. A student living in Galway city said he had trouble getting to college, so judge gave him his license back. This was after 2 dangerous driving convictions!
It's all down to the judge on the day...

Our man in Havana

You have to show financial loss or hardship to innocent family members.

johnnyskeleton

cast_iron wrote:

I thought, under the old system also, half the disqualification had to be served before applying for it back.

The original wording of s.29 was: "A person in respect of whom a consequential or ancillary disqualification order specifying a period of disqualification exceeding six months has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of three months from the beginning of the period of disqualification and before the expiration of that period, apply, to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than six months after the beginning of the period of disqualification."

So by my reading it is only half if the original disqualification was for 6 months. However, I am open to correction on that point.

Anyway, I've seen people get it back. A student living in Galway city said he had trouble getting to college, so judge gave him his license back. This was after 2 dangerous driving convictions!
It's all down to the judge on the day...

True, but remember that our criminal justice system is adversarial, so it is up to the prosecution to either a) resist the application or b) judically review the judge for acting illegally.

MikeBard

So if you were banned for lets say, two years on March 1st, just before the new s.7 rule from March 5th, does that mean that you cannot apply for a restoration after serving 12 months?

Surely the Courts are obliged to go with the Law that was in place on the date of the disqualification was imposed?

johnnyskeleton

MikeBard wrote:

Surely the Courts are obliged to go with the Law that was in place on the date of the disqualification was imposed?

Because s.29 of the Road Traffic Act, 1961 (as replaced by s.7 of the 2006 Act) provides for a discretionary relief from a disqualification (i.e. there is no automatic right to have a disqualification removed) and it is a separate proceedure which does not form part of the offence or the sentence, then my view is that the law in place on the date on which you apply to the courts is the law which should be applied.

Attreu

There was supposed to be a court case relevant to this matter in the high court this week.

Does anyone know what the outcome was?

Angrybastard

This is bumping a very old thread, but I have served two thirds of my ban.
Does anyone know if it's advisable to avail of a solicitor (I didn't use one for the court case original), or if a good old personal apology would be the way to go?

Also, I've been told I should look up the arresting guard, as he was super-nice and very helpful.

Thoughts would be welcome.

gustafo

Angrybastard wrote: »

This is bumping a very old thread, but I have served two thirds of my ban.
Does anyone know if it's advisable to avail of a solicitor (I didn't use one for the court case original), or if a good old personal apology would be the way to go?

Also, I've been told I should look up the arresting guard, as he was super-nice and very helpful.

Thoughts would be welcome.

well i got a solicitor when i was getting my licence back early but i would say it is possible to do it without 1 but it is a hassle, my solicitor sorted everything out by making the application and doing the talking for me when my name was called out in court, he charged 150 so it wasn't huge money.

i got a headed company letter from a friend saying that he would employ me on the return of my licence, i did have to go up to the box and just say sorry to the judge, no hassles really

Angrybastard

gustafo wrote: »

well i got a solicitor when i was getting my licence back early but i would say it is possible to do it without 1 but it is a hassle, my solicitor sorted everything out by making the application and doing the talking for me when my name was called out in court, he charged 150 so it wasn't huge money.

i got a headed company letter from a friend saying that he would employ me on the return of my licence, i did have to go up to the box and just say sorry to the judge, no hassles really

Brilliant, thanks.

snip3r

hi i'm in the same predicament as angry bas***d..i'm due for a licence restoration this year after a 5 year ban for (2times no insurance) and (1 drink driving offence)...ive been told different versions of stories from various solicitors that i cant apply for an early restoration as its more than one offence..a second solicitor stated that this rule dosnt apply to me because ive never lost my licence and had it restored before i got commited all the above offences within a short time frame and all came into court together...here are my disqaulification details if there any help..any info is appreceated
Arklow DC.

11th March 2009

5 years disqualification from 25th March 2009 (25th March 2014)

You are entitled to apply for early restoration after two thirds of
the five year period i.e. 3 years + 4 months

25th March 2009 + (3 years + 4 months) = 25th July 2012

Angrybastard

snip3r wrote: »

hi i'm in the same predicament as angry bas***d..i'm due for a licence restoration this year after a 5 year ban for (2times no insurance) and (1 drink driving offence)...ive been told different versions of stories from various solicitors that i cant apply for an early restoration as its more than one offence..a second solicitor stated that this rule dosnt apply to me because ive never lost my licence and had it restored before i got commited all the above offences within a short time frame and all came into court together...here are my disqaulification details if there any help..any info is appreceated
Arklow DC.

11th March 2009

5 years disqualification from 25th March 2009 (25th March 2014)

You are entitled to apply for early restoration after two thirds of
the five year period i.e. 3 years + 4 months

25th March 2009 + (3 years + 4 months) = 25th July 2012

I've seen a brief and he's fairly confident my appeal will succeed.
Of course your case is different, but apparently the garda who prosecuted you will be asked if he/she had an objection and the judge usually listens to what they say.
Just appear very, very sorry.

snip3r

the garda that was over my ban has now retired. would that cause problems??

Our man in Havana

No.

The judge will just ask the super who is in court if there is any objection.

snip3r

that sounds ok..does anybody know the earliest date you can put in an application weather it'll be 3 months or 6 months my 2/3rd are up on the 25/07/2012

Milk & Honey

snip3r wrote: »

that sounds ok..does anybody know the earliest date you can put in an application weather it'll be 3 months or 6 months my 2/3rd are up on the 25/07/2012

When did you start?

snip3r

hi milk and honey
heres my ban details
5 years disqualification from 25th March 2009 (25th March 2014)

You are entitled to apply for early restoration after two thirds of
the five year period i.e. 3 years + 4 months

25th March 2009 + (3 years + 4 months) = 25th July 2012

i had already finished a 2 year ban during this time frame it ended late 2008
i have never applied for my licence restoration before and i was wondering if i am still able to apply after 2/3rds of my ban have been covered

wedge911

hello got my ban lifted there was just wodoring how do i get my actually license back seeing the judge said it was never handed in and endorsed .

jblack

wedge911 wrote: »

hello got my ban lifted there was just wodoring how do i get my actually license back seeing the judge said it was never handed in and endorsed .

In order to get your licence back you must embark on a journey of self enlightenment and inner stillness. You will be required to spend several years training in the foothills of the Himalayan Mountains. Initial training will be with a Shaolin Master where you will be equipped with basic ninja skills, you will then spend two years in solitude learning to hunt and move in absolute stillness, you will become invisible, moving like air in the night.

Only after you have learned the secret ways of the ninja may you return, whereupon you will embark on your mission. When you enter the records office the sleeping security guard will not see you, you will slide by him just as you did when you stole the mountain tiger's dinner from under his nose. You will quickly locate your lost licence using the tracking skills you learned in the forests of Pichi whilst hunting the elusive snow-boar. You will then exit the building leaving no trace or scent in the same way as you used to avoid the roves of hunting wolves by the Yung River.

Only then will your mission be a success.

Good luck