REMOVAL OF A DISQUALIFICATION

Under S42 of the Road Traffic Offenders Act 1988 a person disqualified from driving may apply for the removal of the disqualification if they fulfil certain criteria.

Auriga advocates are specialist motoring solicitors and can advise you on the best way forward to apply for the removal of the disqualification

We can make an application for you and attend court to present the evidence in support of your application. The advantage of instructing an expert is that we have the knowledge and experience to know what arguments and evidence will persuade the court to remove the disqualification, which could be of huge benefit to you personally and professionally.

We know how important getting your licence is to you and how much it will improve your life, so we put every effort into preparing the strongest case possible for persuading the Magistrates to remove the disqualification. We care about getting you back on the road.

Speak to one of our specialist solicitors who can help you get your licence back.

 

When can I apply for my licence to be removed?

If the disqualification is for less than four years, when two years from the date on which it was imposed have expired

If the disqualification is for less than 10 years but not less than four years,when half the period of disqualification has expired ie if 10 years the period would be 5 years

In any other cases ie 10 years or more when 5 years have expired from the date of disqualification.

 

What do I have to do to persuade the Court to remove my disqualification?

 

The court may remove the disqualification if it thinks having proper regard to:-

  • your character,
  • your conduct post conviction,
  • the nature of the offence and any other circumstances.
  • why you want the return of your licence ie job offer

It is important that evidence is produced to indicate good character and good behaviour since the conviction. If you have been disqualified for the mandatory three year period due to a second offence within the 10 year period the court will not be inclined to remove the disqualification.

Generally the longer the disqualification the less likely it is that the court will remove a disqualification.

The fact that it would be a nice birthday present will not suffice but the fact that you have not had any issues since and no convictions since the disqualification and the fact that you licence would give you an opportunity to improve your situation may.

 

I have had my application refused can I apply again?

If an application is refused you cannot make another within three months.

 

How will Auriga Advocates help me to get my disqualification removed?

Trying to get your disqualification removed requires an application to the Magistrates Court. This can be extremely daunting but our specialist team of lawyers can support you by

  • Reviewing the strength/weaknesses of the prosecution/police objections to
    your application
  • Collating evidence in support of your application ensuring the strongest
    possible case is put forward to the court.
  • Challenging the prosecution/police objections relentlessly on your behalf
  • Taking the pressure and anxiety off you
  • Being there to answer all your questions
  • Provide specialist representation in court


Unsure as to whether you should make an application to remove your disqualification?

One of our legal team will be more than happy to discuss  your options and your concerns FREE OF CHARGE.  

Between us we will reach the right option for you.  

We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

By all means browse our website, check out our services and fees you will find we offer our services at highly  competitive rates. You do not have to pay extra for attention and support we give that naturally because we care a

 

  • Auriga Advocates have been extremely helpfully, very professional to the highest of standards. My case was dealt with quickly, efficiently and thoroughly. I was given all the relevant information to make an excellent and informed decision for the best possible outcome. Andrea has an extensive knowledge regarding drink drive offences and court in general. I would highly recommend her to anyone with confidence that she would be able to get the best possible outcome.

    Mr L Cheshire

  • Andrea had been assigned to me to help deal with a Road Traffic Incident.  I came across their service on line.

    I found Andrea to be very professional and helpful.  Explaining everything in full, so I was able to understand what was happening at all times.  Andrea worked fast and able to get a result for me very quickly.

    I would like to thank Andrea for helping make the ordeal less stressful and would highly recommend her and the company to all my friends who might be in the same situation I found myself in.

    Mr S, Cheshire.

    (In this case we persuaded the police not to issue proceedings at the outset).

  • Thank you for the professional way in which the Auriga Advocates team managed and handled my case. Every question I had at every stage was not only answered but explained so that I understood.I was looking at a long ban and community service but thanks to you and the manner that you dealt with the case especially on the day of the Court hearing, you were able to reduce this to a short ban and small fine.Thank you for achieving the best possible result for me.

    I would recommend you without reservation. Not only were you professional but as a person who had never been in this type of predicament before for the help and understanding you provided to me as an individual.

    Many thanks      Mr G Southampton

  • The result I had today in court was truly outstanding, your professionalism and determination representing my case was second to none. You will be highly recommended by me in the future.

    Thank you for everything, great result!

    Ms Y – Cheshire

  • I have recently used the services of Auriga, and I can say that I was extremely happy with their professionalism, knowledge, and experience with driving offences.

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • Don’t waste your time looking around – call Auriga Advocates for good sound caring professional advice. My potentially difficult case was handled within 24hrs”  Mr C – Wales