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If you are already subject to a disqualification from holding or obtaining a
driving licence, it may be possible to apply to the Court to seek to have the
ban lifted.
The key time limits for such an application are as follows:
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(a) |
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After two years, if the disqualification is for less
than four years;
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(b) |
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One half of the period of the disqualification, if it is for
less than ten years but not more than four years;
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(c) |
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Five years in any other case;
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It should be noted that there is no power to remove a disqualification under
Section 36 of the Road Traffic Offenders Act 1988, i.e. a disqualification until a driving test is passed.
The application takes the form of a petition to the original convicting Court and, where possible, should be considered by the particular judge who imposed the initial disqualification.
The Court will typically have regard to the applicant’s character, his conduct subject to conviction, the nature of the offence, and any other circumstances relevant to the case. The Crown will undertake the appropriate enquiry by ordering a Police Report and the terms of this report can be crucial to the prospects of the application.
The final presentation to the Court is crucial and all submissions should have sufficient vouching in order to be persuasive. Our expertise and specialist knowledge of road traffic law in Scotland will maximise the prospects of a favourable outcome.
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ml@theroadtrafficlawyer.com |
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