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2004keithb

Drink Driving (Early Return of licence, Medical - abstinence)

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Hi everyone!!!

 

Hoping some of you might be able to help. Will try and keep this to the point as I know there are other posts that I have spent a long time reading but everyone's situation is different.

 

I have been convicted of DD twice now and on the first time I served 14 months with doing the DD course.

Second time was 2 years later and was given a ban of 4 years, 150 hours community service, thinking skills and another programme.

 

 

I have now served half my ban and have hired a specialist motoring solicitor and a barrister (not cheap) to hopefully get my license back early.

Due to go to court on the 8th September 2017.

 

I know I am just taking a chance but have to try.

As I will be classed as a HRO I will be required to do the medical and know as I have had an alcohol problem in the past things might not be quite as they should due to the amounts I used to consume.

 

 

in theory if I am granted my license back by the time I do my medical I should be totally abstinent for about 9-10 weeks,

does anyone know if this would be enough or if you have any thoughts or comments regarding the process?

 

Just looking for help please, no hated comments, know I have done wrong (partly wasn't my fault) but yes I was driving.

 

 

Been the worst time of my life and looking to get back on track to find employment and by knowing I will never go back to the way things were.

 

Thank you all for reading my post!

 

Best Regards,

Edited by 2004keithb

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Not sure this site is best place for such motor convictions advice. Never seen anyone post here with such issues.

 

Given you are using specialist lawyers, i would suggest that they will have current inowledge about this issue and will present your case as best as they can.

 

Even if you managed to get your licence back early, do you know whether any Insurers will cover you ? If you can't get Insurance cover at a price you could afford, then this would prevent you from driving.


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The Road Traffic Offenders Act (Section 42) provides for any driver who has been disqualified for more than two years to apply to the court that disqualified him for the early return of his licence. He can do this:

 

- After two years for bans of up to four years

- After 50% has been served for bans of between four and ten years

- After five years for bans longer than ten years.

 

The early return of the licence is entirely a matter for the court but normally they will want to see why there is a need for them to grant the request (such as a job opportunity, deterioration in health). They do not usually accede to a request simply because the applicant feels he has served long enough and fancies driving again. In short the courts are not easily satisfied.

 

However I believe you have little chance of having your licence returned at present for one good reason: the mandatory minimum disqualification period for a second or subsequent offence of excess alcohol within ten years of the first is three years. I believe that any court considering your application would have to bear this in mind and would be unlikely to go behind Parliament's intentions when the law was passed. I would have thought that this would have been one of the first things your expensive specialist motoring lawyers would have pointed out to you when you first spoke to them. Good luck with your application but, unless you encounter a particularly sympathetic Bench, or one which does not include the consideration I have mentioned, I fear you may be looking forward to an expensive day out.

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I see it as a good payday for your lawyer and your highly unlikely to get your licence back.

And if in the unlikely chance that the judge on the day Is high on the day and you do, your insurance will be in the thousands!.

 

You've admitted you have an alcohol problem but you state by the Tim it goes to court you will be dry for 12-14 weeks......

You still have a problem and you have not adressed it even with the courses you have done. This is made blatantly obvious by your statement ... I know I have done wrong but its partly not my fault...

 

Its ENTIRELY your fault and you have not addressed That problem.

 

You need to quit drinking( and you still are).

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