Driving ban

[NeilBaker]

Two years ago I got a three year driving ban after been done for drink driving and failure to supply a breath sample. It was 3 years because it was a 2nd offence. I also did community service. Is it correct that I can apply for my licence back after 2 years and how much chance do I have?

[Peter Pedant]

erm isnt this contingent on doing a drink driving course ?

that is, you do the course and the ban is shorter ?

[shazzzz]

would it not be safer for you to get a bike,as it is your second time i like a drink but never take the car,i get a taxi or walk,i wouldent be able to live with myself if i killed anyone while drinking and driving.If you get your licence back it will only be a matter of time before you kill someone

[NeilBaker]

No I dont think I am going to kill anyone

[shazzzz]

neil i dont think anyone thinks when they get behind the wheel of a car they set out to kill anyone.But you have been pulled twice so clearly when you was stopped your driving must of been noticable to the police .you must of been quite over the limit and you must of known because you failed to give a breath test,you must have relatives how would you feel if a drink driver killed any of them for the sake of a cab fair .

[horsestache1]

You should be horse whipped!!!!!!!!!!!!!!!!!!!!!

[NeilBaker]

Thanks mate I look forward to you donin it to me

[seatrout]

You can apply to get your licence back after 2 years provided that you have committed no further motoring offences and there is a good reason for doing it. The fact that it causes you hardship would not be a good reason, nor is the fact that you have community service. You would need to show that you needed your car for work for example or that there was some family reason that did not exist at the time of the ban.

I doubt you would succeed the purpose of imposing a 3 year ban is to deter people from drinking and driving. Your punishment did not deter you the first time so why should the court have any confidence that you have learned your lesson now

[NeilBaker]

It has detered me. I was in court three time did 180 hours community service and had my name and address in the paper and I have a criminal record. I have been punished

[New Judge]

As seatrout says, you can apply to have your ban reduced. However, in your circumstances the chances of success are virtually nil. This is because the 3 years you were given was the minimum mandatory period the magistrates could have awarded (2nd offence within 10 years).

You may correct me if I'm wrong, but I doubt you were offered the chance to complete the Drink Drivers' Rehabilitation course (and so have your ban reduced by 25%). This is not usually offered to second time offenders.

[NeilBaker]

No I wasnt offered the chance to do a course

[Reverandfunk]

My ex was in the same position, she got 7/8 months off by doing a drink awarenesss course, it may be worth just giving the DVLA a call

[New Judge]

Save your time and money on the phone call, NeilBaker.

It is not within the DVLA's gift to offer (or refuse) the DD Rehab course. It can only be offered by a court at the time of sentencing. The court decides whether the course would be appropriate and also sets the cost.

There is also some confusion creeping in here. The reduction in disqualification you are seeking is nothing to do with the completion of the DD Rehab course. All drivers (regardless of the offence(s) committed) who have been awarded a ban of 36 months or more may apply to the court to have the ban reduced after (I think, without looking it up) two-thirds of the ban has elapsed.

The court will look at each case individually and consider (among other things) the effect the ban has on the driver, the driver's conduct since the ban, and (most importantly in your case) the reason the ban was imposed in the first place. That is why I say that the three year ban, being the minimum mandatory that was allowed in your case, is most unlikely to be reduced.

[Wonderous]

I work for the police and several years ago part of my role was to visit people who were applying for their licence back early to assess them. The courts normally ask for the police's view on applications for licences back. For your info, we had to assess several things before deciding whether to support their application, these were: -

1) Does anyone else in the family home drive?
2) Is there anyone in the house with a disability which would be assisted by you driving again?
3) Have you committed ANY offences since the ban?
4) Do you work and how does your lack of licence affect your job (need to drive to/from work is not a good reason)?
5) Have you been suspected of any offence even if not prosecuted?

Basically the court will need a damn good reason for your application, especially after two bans. Just 'wanting to drive again' is not enough.

HTH

[NeilBaker]

Thanks for your advice.

No noby else drives and I dont need a car for work. Yes I have been done for another offence since but nothing to do with driving. I guess I dont stand much chance of getting my licence back but think that I have been punished enough