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.
The application early return of driving licence is made to the court that disqualified you in the first place and ordinarily, that would be Magistrate’s court.
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.
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.
The Court charge an administration fee for the processing of this application. Your lawyer’s fee would be separate and additional to that.
Lorraine McClure | Head | Criminal Defence lawyers
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If you are charged with an offence and find you are not eligible for Jersey legal aid contact Advocate Lorraine McClure on 630530. It is important to seek professional legal advice at the earliest opportunity to ensure that you are fully prepared before attending police interview and/or answering any police questions. Our team of expert criminal defence advocates are on hand to assist.