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John Quirke, Esq
John Quirke, Esq,
Category: Republic of Ireland Law
Satisfied Customers: 19
Experience:  Barrister at Law at Self Employed
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My name is*****'m so ashamed but 3 years ago I

Customer Question

Hello, my name is***** so ashamed but 3 years ago I was banned from driving. Sorry I was a drink driver. I was in a place I never want to return to and I'm very well now. I received a letter to send my licence too. I cannot remember who I sent it too and I don't know what to do now. My ban finished on 30th June 2015. I want to renew my licence now as I am now I persume able to drive. It was a UK licence in my married name. I am divorced now and use my maiden name. Can you please help me what do I do now. Sorry if this is all over the place, but I'm nervous writing this. Thank you
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  John Quirke, Esq replied 2 years ago.
Hi Eileen, I just need some more information. Were you disqualified in the UK or in the Republic of Ireland?in either eventuality, matter should be very straight forward to sort out. if in the republic of Ireland no need to send your licence to authority when you are disqualified, so once your licence is remains in date after disqualification period expires it becomes valid again. if authority have it simply apply for a replacement as if lost or stolen at the Motor tax office. How Long were you disqualified for? In some cases you can apply for your licence back before disqualification period has expired. This application has to be made before the court. If this disqualification happened in the UK and your disqualification period has expired simply apply for your licence as if lost from the relevant authority. If This Occurred in the republic of Ireland You may have to resit your driving test. If you can provide me with further information I can assist you further. Kind Regards John
Customer: replied 2 years ago.
Thank you so much John. I was disqualified for 3 years which expired on 30th June 2015. It was an English licence in my marraige name. Eileen Wade is my marriage name. The licence if I am correct still has several years to run. Do I just apply to the Motor Tax Office for the return of the licence? Thanks John.
Expert:  John Quirke, Esq replied 2 years ago.
Hi Eileen,
Did this occur in Ireland or England ?
If this happened in Ireland, the position is that you were disqualified from driving In Ireland. This does not mean you are not entitled to physically hold on to your UK driving license, in fact the contrary is the case and you were entitled to use it in any other country. in other words you had absolutely no obligation to surrender this license to the Motor tax office and indeed you would have been entitled to drive using this license in the UK if you were not disqualified there or in any other country where no ban was in existence.
So when you surrendered the license, the licensing authority did not require it so they either still retain it or it is lost. All you have to do is to seek its immediate return. In Irish law if you were disqualified for 3 years you had an automatic right to apply to have the disqualification lifted after the expiration of 2 years but it appears you did not avail of this??
Are you residing here? did the offense occur here?
if this happened in the UK or NI the position is similar. Physical confiscation of the license is not part of the penalty and it is not necessary to surrender the license. You were merely precluded from driving while disqualified.
The return of your license is your absolute right as they never had the authority to posses it in the first place, accordingly the retrieval of your license merely requires you to ask for it back.
It might have been the case that you were asked to send in your licence or a copy thereof for the purpose of an endorsement or for the imposition of penalty points . normally I would advise that you do not send in the licence but only the number or a copy of the licence.I believe this is the same in the UK but I am not sure and would have to check.
I hope this is some assistance to you, please let me know where this happened so I can confirm the position.
Kind Regards
P.S. Can you rate this response for me, Many thanks
Expert:  John Quirke, Esq replied 2 years ago.
Hi Eileen,
I would be obliged if you could rate my responses and if I can assist further please let me know.
Many thanks
Expert:  John Quirke, Esq replied 2 years ago.
Hi Eileen
You might let me know if you received your response to last follow up query and were satisfied with the response.
Many Thanks