D&D ban 3 years - writing to the judge after 2 years

[Aaron85]

Hi

 

I got caught for D&D back in July 2017. I also had no insurance and no MOT. I received a 3 year driving ban, and an 8 week prison sentence suspended for 2 years.

 

I was out of a job for a while and a lot of issues were going on in my life at the time. I was wrong  and I hold my hands up. It is not something I have done again, or would even think about doing again.

 

Anyway, I managed to get myself sorted. I went to AA meetings and managed to get myself a job. I've been in this job for about a year and half and I have not drunk alcohol for the same time.

 

I got banned from driving for 3 years, but I read online that there is a possibility that the judge may reconsider and wave the final year of disqualification. I understand this has to be done by writing to the judge and explaining why I feel I need to be able to drive. Please note that after checking my DBS, it does say "disqualified from driving - obligatory 3 years". Would this mean I have to serve the full ban because it is "obligatory"?

 

I have a few reasons all of which I'm not sure the judge will find strong enough to wave the last year of the ban, but my reasons are:

 

I was on JSA for a long time before I got this job. Now I'm doing a job I enjoy. However, I have to use public transport to get to work and back, and because public transport is so unreliable, I have been 5-6 mins late 4 yimes in the last 9 months. The company has a policy that they can dismiss you if you are late 5 times in 1 year, so I am cutting it a bit fine.

 

The company also has opportunities for driving staff. This would be a step up for me and it is something I want to persue. I would need my licence for this. Though, I'm not sure if the judge would think I'm more of a liability, so it may work against me.

 

There are few other reasons such as I want to start a family and I wouldn't start one until I can take wife/kids to the hospital when required. And I also need a car to get to the hospital for my own appointments and also to take my mother who also has various health related issues.

 

I can get all this infomation from my solictor. I had contacted him as he did handle my case when I went to court. I had legal aid then as I was unemployed, but now he wants £50 for the consultants appointment, and then a further £360 to write a letter to the judge. Even then the decision is up to the judge, so it may be money wasted. I've been told I can write to the judge myself, which is what I'm thinking. So I just need a bit of guidence into what to write and what to avoid writing to give me the best possible chance of getting me back on the road.

 

Any advice would be much appreciated.

 

Many thanks,

 

Aaron

 

pic.pdf

[king12345]

If you don't ask you don't get.

If I were you I would find out if there's a particular procedure and forms to fill and do it.

Worst that can happen the judge says no and your position remains unchanged. 

Good luck!

[Man in the middle]

If you do decide to apply to have your ban shortened you do not write to the judge. You have to apply to a Magistrates' Court (ideally the one which convicted you as the papers for your original case will be there) and ask for a hearing.

 

Was this a second offence of DD (which would lead to a minimum three year ban) or was the three year ban because of a very high reading? It will make a difference.

 

 

[BankFodder]

I didn't know about this procedure and I am not able to say who the correct person or call is to write to. However I can say that I think that you have expressed your post in a very persuasive and moving way and so I would suggest, if you want, to compose a letter in pretty well the same terms and post it up here" and then we can have a look and tweak it.

The overwhelming impression I get from what you have posted here is that you are writing from the heart and that you understand the consequences of your actions and also what is needed to avoid doing it again. I don't think you need a solicitor to help you with this and I doubt whether a solicitor could do any better.

Express your letter in your own language – without trying to be pompous or strutting or lawyer-like.

[Ethel Street]

I haven't come across this before but a bit of research found this, the official Sentencing Council guidance to courts on "Obligatory Disqualification".

 

It appears from this that if you had been convicted of D&D in the 10 years before your 2017 disqualification (ie the June 2017 conviction was your second D&D in 10 years) then a 3 year disqualification is 'Obligatory'.

 

As your DBS records it as 'Obligatory' does that mean you do have two D&Ds?

 

In which case my guess is you cannot get it shortened.

 

Please note, "my guess", I do not know, just speculating.

 

Please clarify if you have more than one D&D conviction and see what the experts here think.

 

https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/road-traffic-offences-disqualification/1-obligatory-disqualification/

 

And read this. As Man in the Middle has advised, you write to the court that disqualified you, not the individual judge.

 

https://www.gov.uk/driving-disqualifications/apply-to-reduce-your-disqualification-period

[Man in the middle]

I've looked a bit closer at the process and you must apply for a hearing at the actual court where you were disqualified. 

 

As far as the likely decision goes, that depends particularly (though not solely) whether it was your first offence (with a very high reading) or a second offence (where three years is the minimum ban). As an aside, I would guess it is a first offence with a high reading because of the custodial sentence you received, but let us know please. 

 

If it is the latter, your chances of success are slim. Whilst the court does have the discretion to restore your licence it will have in mind that the obligatory disqualification period is 3 years and it will be very reluctant to go behind Parliament's intentions.

 

Quote

As your DBS records it as 'Obligatory' does that mean you do have two D&Ds?

 

 I don't know that would help very much as all Excess Alcohol (Drive or attempt to drive) convictions carry an obligatory disqualification. If it was a first offence with a three year ban because of a high reading, the record would still be annotated as "obligatory". Perhaps the OP can help us.

[Aaron85]

Hi guys,

 

Thank you for your replies.

 

Just to clear it up, this was my first offence ever in any sort of way. Never had a criminal record prior to this, but my reading was 147 from what I can remember.

[Ethel Street]

147 breath or blood or urine?

 

Are you in England? These are the limits,

 

Level of alcohol	England, Wales and Northern Ireland	Scotland
Micrograms per 100 millilitres of breath	35	22
Milligrammes per 100 millilitres of blood	80	50
Milligrammes per 100 millilitres of urine	107

Edited August 31, 2019 by Ethel Street

[Man in the middle]

Quote

147 breath or blood or urine?

 

To attract a custodial sentence for a first offence it would have been in breath (i.e. just over four times the legal limit).

 

Since the length of the ban you received was at the discretion of the court you have a better chance of success. You will need to contact the court and arrange for a hearing. There you will be asked to say why you believe your licence should be restored. Any supporting help you can get from, say, your employers will help. If you do not feel confident to present your case by speaking in court you can write it down and ask the court to read it (take four copies - one for each of the Magistrates and one for their Legal Advisor). If you want to post it up here I'll give you my view on its suitability.

 

If your application is unsuccessful you cannot apply again for three months.