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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 156
Experience:  and Mediator practicing in Cork, Ireland.
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In July of 2011 i was banned for 2 years and 1 day! When can

Customer Question

In July of 2011 i was banned for 2 years and 1 day! When can i apply for my licence back ? what do i have to do? I applied for my licence back in september 2012 and got refused in court! What do i do?

Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

“29.—(1) This section applies to a person in respect of whom
a disqualification order has been made, whether before or after
the commencement of section 7 of the Road Traffic Act 2006,
disqualifying the person for holding a licence during a period of
more than 2 years, and which is the first such order made in
respect of that person within a period of 10 years.
(2) A person to whom this section applies may, at any time
following the completion of one-half of the period specified in
the disqualification order, apply to the court which made the
order, for the removal of the disqualification.
(3) In considering an application made under this section a
court, without prejudice to its power to have regard to all of the
matters that appear to the court to be relevant, may, in particular,
have regard to the character of the applicant, his or her
conduct after the conviction and the nature of the offence.
(4) Where a court considers it to be appropriate it may confirm
the period specified in the order of disqualification or it
may order the removal of the disqualification from a specified
date that is such that the disqualification will have effect for at
least two-thirds of the period specified in the order of disqualification.
(5) A person intending to make an application under this
section shall give 14 days notice in writing to the Superintendent
of the Garda Sı´ocha´na for the district in which the person ordinarily
resides.
(6) The court hearing an application under this section may
order the applicant to pay the whole or any part of the costs.
11
S.6
Removal of
disqualification

cmcsolicitor :

The relevant provision is section 29 of the Road Traffic Act (as amended by the 2006 RTA), which I have pasted above.

cmcsolicitor :

It would appear that you were entitled to apply to have the disqualification period shortened when you last did, but the Judge did not use his/her discretion to do so. All you can do is try again and do your very best to talk the Judge into it. You would need to present evidence about why you need to drive, and really convince the judge that you are a changed person. It there is an urgent reason why you can't wait until July, perhaps you should instruct a solicitor. He or she would talk to the Garda, because their evidence would be very important. If the garda is convinced that you have reformed that would help a lot.

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cmcsolicitor
cmcsolicitor
Solicitor & Mediator, Cork city
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and Mediator practicing in Cork, Ireland.