Get Your Driving Licence Back Today
How To Restore Your Driving Licence We would be happy to carry out this service for you and should you wish to discuss our terms you should telephone us on 0800 612 9597 If you want us to give you our opinion on your prospects of success, please complete our "Restore It" form. Yes, you really can get your licence back before your ban period is finished. The catch, yes, there's always a catch! Is that you can only apply after a certain amount of the ban has expired. If your period of ban was less than 4 years then you will require to wait at least 2 years before your petition to the court will be heard. If the period of disqualification was between 4 to 10 years then you can apply after half the time. You have to wait at least 5 years for periods over 10 years.You will need to petition the Sheriff of the court where you were banned. This process does incur some some set outlays (Registration fee with Sheriff Clerk and Fee for extract conviction) but you can do it yourself, if you feel able to speak clearly in court and can focus on the strengths of your argument. Here I will explain the procedure and give you a template of the type of document you may want to prepare and lodge. Please do not just copy and lodge the template that is on our website at www.roadtrafficlaw.com as it will require YOUR personal details and circumstances to have any hope of success. Procedure1) Telephone the Sheriff Clerk's office (Criminal Dept.) and ask them how much it would cost to obtain "an extract of your conviction" 2)Send in your cheque and request the extract conviction from the Clerk's office 3)Check the date of ban (Conviction) with your calendar and ensure that the timing of your application is correct. e.g. On a 3 year ban, has 2 years expired?4)Prepare your petition in a similar style to that provided below.5)Attend at the Sheriff Clerk's office and provide them with your petition, supporting documents and fee to warrant the petition for service on the Crown. (Approx £45.00) 6)Check with the Sheriff Clerk if he will serve this on the Procurator Fiscal. If not you must either serve a warranted petition either personally or by recorded delivery. This tells the Procurator Fiscal that you have requested a hearing on the petition and advises of the date set for the hearing. This allows the Procurator Fiscal to be present should the Sheriff want any extra information. He cannot object to your application. If he tries to object just remind the court that this is incompetent as in the case of McLeod -v- Levitt 1969 Justiciary Cases at 16, Lord Cameron commented "the original prosecutor has no right to appear or intervene in the proceedings" Sheriff's often ask the Procurator Fiscal for a "Police Report" to see if you have been of good behaviour and temperate habits since conviction. If the procurator Fiscal does not have a report (All too common) oppose any suggestion of adjourning your petition and request that the matter be dealt with in the absence of such a report due to the fact that you intimated proceedings timeously to the Crown and that you can provide evidence if necessary regarding your good behaviour.6)The Clerk may refuse to warrant the petition there and then and suggest that you just leave it. Attend their office at a reasonable time and don't be pushy with them. They tend to be very helpful decent people who will try to help you. 7)Attend court on the appointed date and time and dress appropriately. This is a court of law and if you can afford a suit you should get it on. Show the Sheriff you care about the court and respect the proceedings by caring about your appearance. If you can't afford a suit just be as smart and clean as possible. 8)The petition will often be heard by the Sheriff who banned you so in some ways you are asking him to review the situation and change his mind about your case. 9)When preparing your petition think carefully about what compelling and "pressing reasons" may exist to require the court to give you your licence back e.g. have you got an offer of a job if you have licence? Does not having a licence cause great hardship to your family? (Not inconvenience, such as not being able to take the kids to their piano lessons)10) Be prepared to give evidence on oath, and be prepared to provide witnesses where you have made reference to third parties in your petition. Get as much written support for your application as possible e.g Letter offering employment, Letters of reference, medical reports from GP or specialists where medical condition and hardship of other parties are referred to in your petition. Style of a petition to restore a driving licence go to our Restore It page on www.roadtrafficlaw.com