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

[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.

 

 

[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.

 

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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.

[Man in the middle]

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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.