Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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?
“29.—(1) This section applies to a person in respect of whoma disqualification order has been made, whether before or afterthe commencement of section 7 of the Road Traffic Act 2006,disqualifying the person for holding a licence during a period ofmore than 2 years, and which is the first such order made inrespect of that person within a period of 10 years.(2) A person to whom this section applies may, at any timefollowing the completion of one-half of the period specified inthe disqualification order, apply to the court which made theorder, for the removal of the disqualification.(3) In considering an application made under this section acourt, without prejudice to its power to have regard to all of thematters that appear to the court to be relevant, may, in particular,have regard to the character of the applicant, his or herconduct after the conviction and the nature of the offence.(4) Where a court considers it to be appropriate it may confirmthe period specified in the order of disqualification or itmay order the removal of the disqualification from a specifieddate that is such that the disqualification will have effect for atleast two-thirds of the period specified in the order of disqualification.(5) A person intending to make an application under thissection shall give 14 days notice in writing to the Superintendentof the Garda Sı´ocha´na for the district in which the person ordinarilyresides.(6) The court hearing an application under this section mayorder the applicant to pay the whole or any part of the costs.11S.6Removal ofdisqualification
The relevant provision is section 29 of the Road Traffic Act (as amended by the 2006 RTA), which I have pasted above.
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.