Blake Lapthorn client in South West England has driving licence
restored early
Blake Lapthorn has recently acted for a client, Mr G, who was
disqualified from driving by a Magistrates' Court in the South West
of England in October 2009. Mr G was disqualified for three years
because he had been convicted of an offence of drink driving within
the preceding 10 years of that offence being committed.
Mr G wanted to know whether or not there was anything he could
do to have his driving licence returned to him before the three
year period expired. Blake Lapthorn advised Mr G about Section 42
of the Road Traffic Offenders Act 1988, which provides that where a
person is disqualified (as Mr G had been then after the period of
two years had elapsed) he would be entitled to make an application
to the Magistrates' Court that imposed the original
disqualification seeking the restoration of his entitlement to
drive.
The Court has to consider specific criteria pursuant to section
42 when deciding whether or not to remove a period of
disqualification, which include:
- the character of the applicant and his conduct subsequent to
the disqualification
- the nature of the original offence
- any other circumstances of the case.
Mr G was fined after the hearing in 2009 and had not committed
any further offences. He was employed on a full-time basis and was
able to obtain character references from his superiors at his place
of work. They were all very complimentary about his attitude and
conduct since the offence. He was also able to identify a real need
for his driving licence because he had been offered a promotion but
in order to take it up he needed to travel greater distances to and
from work and so needed to be able to drive.
Mr G's application came before the Magistrates' Court in June
2012 and after hearing all of the arguments about his need for a
driving licence and his behaviour since the offence in 2009, the
Magistrates' decided to grant his application and allow him to
apply for his driving licence to be returned immediately.
Mr G will now need to fill in a D1 application form and send it
to the DVLA in Swansea who will require him to undergo a medical
examination so that they can be satisfied that he is not dependent
on alcohol, or indeed any other drug.
Tim Williamson, the head of Blake Lapthorn's Motoring Offences
team who represented Mr G, said: "Mr G was very pleased that he
will be able to drive earlier than he had thought originally. The
entitlement to drive is perhaps more important than ever given the
tough economic climate and the fact that many jobs require the
holder, or applicant, to be in possession of a valid driving
licence. Even if you have been disqualified for some considerable
time, this case demonstrates the value of seeking expert advice at
an early stage."
