Appealing Road Ban

Andyfbt

Hi,

I got a 3 year ban in 2007. I have served 2/3 of the ban now so I believe I can apply for my license back now. Anybody know the way you do this. Can I put in for an appeal over the phone or do I have to go into the four courts or something and put in an application to appeal?

Thanks,

mullingar

3 years!

you must have done something very stupid/dangerous.

It would not surprise me if nobody wanted to give you advice.

antodeco

Little harsh Mullingar. It doesnt state anywhere what he did, so I dont think its fair to assume he's some road scoundrel.

Anyway, Ive copied this from another thread

What is possible is to make an application to the District Court for an early restoration of driving licence. As a rough rule of thumb an application can only be made after half the ban has been served. The District Court can then choose to exercise its discretion to restore a driving licence, usual grounds for early restoration include; work related grounds, family illness, etc or some other compelling reason why licence should be restored. Anyway, the person concerned should talk to a solicitor for advices on the procedure and likelihood of success.

Hope that helps.

Barname

Seth Brundle

Barname wrote: »

Have you a point to make or are you just assuming something WRT the OPs ban?

antodeco

Barname wrote: »

Have you ever gone driving within 24 hours after a heavy drinking session? If so, you could entail a driving ban. I dont think its fair to assume what the OP was doing. He asked for help.

Stark

antodeco wrote: »

Have you ever gone driving within 24 hours after a heavy drinking session? If so, you could entail a driving ban. I dont think its fair to assume what the OP was doing. He asked for help.

Considering you have to be twice the legal limit to earn a 3 year ban, it would have to be some drinking session. (Not suggesting the OP has a ban for drink driving, just I don't believe saying you stopped drinking a few hours ago justifies driving while still drunk).

h3000

Can't help you OP sorry.

[OT]
When I read the thread title (Appealing Road Ban) I was wondering what was so appealing about a road ban.

BlackWizard

Stark wrote: »

Considering you have to be twice the legal limit to earn a 3 year ban, it would have to be some drinking session. (Not suggesting the OP has a ban for drink driving, just I don't believe saying you stopped drinking a few hours ago justifies driving while still drunk).

Best not question a man who has 99,999 posts... :eek:

edit: dammit, he fooled me.. Too early for this

rccaulfield

What happened to get the ban?

1922

go to a solicitor, you will be applying for restoration of driving licence at the district court. shouldn't be a problem if you have a genuine reason and the Gardaí don't object

Barname

kbannon wrote: »

Have you a point to make or are you just assuming something WRT the OPs ban?

nope, I was just taking a break prior to preparing a lengthy answer....

mikemac

What is it with this place? The guy asked a question and got a load of critical comments in return when nobody here even knows what the offence is. Happens so often in motors forum.

Anyway, 1922 just beat me to it.
It's pretty straightforward and any solicitor can do this application in the district court. If the garda does not object it then you may get your licence back.

I know three (yes it's ancedotal) neighbours who received two years bans for drink driving and each reapplied after 12 months and got their licences back.
So there's a fair chance the OP will succeed here. Up to the judge ultimatly

maidhc

This forum is a weird place at times.

The OP can apply to have his licence restored once has served half the disqualification and it will be reduced by a max of 1/3. Any solicitor will do it, or he is free to have a go at it himself.

http://www.citizensinformation.ie/categories/travel-and-recreation/motoring-1/driving-offences/driving_offences

Andyfbt

not going to lie but it was drinking with intent to drive. Car actually hadn't moved but I was drunk in it with the engine running and the same penalties apply. Don't really want to pay for a solicitor. Would rather have a go at it myself. Been banned long enough now and not had any other trouble with the guards. Surely they'd be alright if I took the stand and apologised. Has thought me a huge lesson!!!

faceman

I dont think what the OP was done for is relevent, nor should he have to justify it here. He was caught for whatever he did and given the appropriate penalty. Justice was served.

OP, you will need a solicitor to do this Im afraid.

DubTony

Andyfbt wrote: »

not going to lie but it was drinking with intent to drive. Car actually hadn't moved but I was drunk in it with the engine running and the same penalties apply. Don't really want to pay for a solicitor. Would rather have a go at it myself. Been banned long enough now and not had any other trouble with the guards. Surely they'd be alright if I took the stand and apologised. Has thought me a huge lesson!!!

Yeah, you'll need a solicitor. Best thing to do is ring around and get a price. I'd imagine it's fairly standard.

So let's lighten this thread a bit.

The incident reminds me of something that happened about 20 years ago. A friend of mine came out of the pub locked, got in his van and started the engine. He closed his eyes and was about to nod off when a Garda knocked on the window. "Have you been drinking?" "Yeah, I'm sh*t-faced" "Blow in the bag" "No". "I'm going to arrest you"

"Before you look like a complete gob sh!te, take a look at the wheels on the other side."

He'd left the pub (without booze) four hours earlier and both passenger side tyres had been slashed. He couldn't get any help until the next day, and with a load of tools in the van he wasn't going to leave it there. So on the piss he went with the intention of sleeping in the van.

Cop said "I'll be watching you"

"Well if you're going to stay here all night why don't you stay in the van and I can get a taxi home"

maidhc

Andyfbt wrote: »

not going to lie but it was drinking with intent to drive. Car actually hadn't moved but I was drunk in it with the engine running and the same penalties apply. Don't really want to pay for a solicitor. Would rather have a go at it myself. Been banned long enough now and not had any other trouble with the guards. Surely they'd be alright if I took the stand and apologised. Has thought me a huge lesson!!!

You will normally be asked by the judge why you want your licence back. He will normally be happy if you tell him it is for work/collect children from school, or some similar plausable (genuine) reason.

Barname

Andyfbt wrote: »

not going to lie but it was drinking with intent to drive. Car actually hadn't moved but I was drunk in it with the engine running and the same penalties apply. Don't really want to pay for a solicitor. Would rather have a go at it myself. Been banned long enough now and not had any other trouble with the guards. Surely they'd be alright if I took the stand and apologised. Has thought me a huge lesson!!!

I have witnessed a polite man show up in District Court and successfully achieve that solo.

Beta Ray Bill

Andyfbt wrote: »

not going to lie but it was drinking with intent to drive. Car actually hadn't moved but I was drunk in it with the engine running and the same penalties apply. Don't really want to pay for a solicitor. Would rather have a go at it myself. Been banned long enough now and not had any other trouble with the guards. Surely they'd be alright if I took the stand and apologised. Has thought me a huge lesson!!!

Hey Mate.

First off, fair play for admitting what you did.

Second, even if they granted you permission to drive again, you're gonna have 2 big problems

1st: I think you will need to go though all the provisional driver stuff again and pass your test again (this is more of a pain than a problem)

2nd: By law you are obliged to tell your insurer that you have in the past (might be only past 5 years) been banned from driving. they will defo ask you this and also ask you why you were banned. And to that end you are going to be looking at a colossal quote or refuse to offer you cover. I know a fella who was banned for 1 year for being over the limit and his renewal after the ban was approx €9000. (this was about 3 years ago btw)

It might not even be worth your while.
Even if you pay the €9K, you have no guarantee that your premium will go down next year. So even if you get the driving ban turned. you are still going to be another 5 years without a car.

I'm sure this is not what you want to hear, and I'm sorry for that

G.

Stark

grahambo wrote: »

1st: I think you will need to go though all the provisional driver stuff again and pass your test again (this is more of a pain than a problem)

That doesn't happen in Ireland.

The-Game

Stark wrote: »

That doesn't happen in Ireland.

Would that not be based on the offence? Such as a dangerous driving due to negligence would require the offender to start from scratch more so then being drunk in the car?

Beta Ray Bill

Stark wrote: »

That doesn't happen in Ireland.

So you just get your License back?
Didn't know that