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Early Return Of Your Driving Licence Post Disqualification – FAQs | Parslows Criminal Defence Lawyers

Did you know that if you have been disqualified from driving in Jersey, by a Jersey court, you could, in certain circumstances apply to have the disqualification lifted?

Can I apply to have my licence returned as soon as I have been disqualified?

No. You must wait until 12 months after the date of the disqualification before making any such application. You should also bear in mind that generally speaking, the closer in time to the date of the disqualification that you apply, the less likely it is that you will succeed.

Who should I apply to?

The application is made to the court that disqualified you in the first place and ordinarily, that would be Magistrate’s court.

If the application fails, can I apply again?

If the application does not succeed, that does not preclude you from making another such application, however, you must wait for 6 months before you try again.

It is advisable therefore that you consider carefully, with your lawyer, whether it is the right moment to apply.

What does the Magistrate take into consideration?

Whether or not you succeed will depend entirely on the discretion of the Magistrate who will look at the circumstances surrounding the original offence and then weigh that up against your character (record of previous convictions) and your conduct since your disqualification.

It is recommended that you should obtain documentary support for what you want to put before the Magistrate. This would normally be in the form of letters of reference.

In practice, a significant change of circumstances will provide you with the best chance of having your application granted.

What is the cost of this application?

The Court charge an administration fee for the processing of this application. Your lawyer’s fee would be separate and additional to that.

How Parslows can help

Parslows criminal defence team advise on all areas of criminal law.

For further information please do not hesitate to call 630530 or email us on criminaldefence@parslowsjersey.com

The information and opinion expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows, We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it

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