Applying for Restoration of Your Driving Licence
Specialist Motoring Offences Solicitor with over 35 years’ expertise in this area. Let me help you.
If you have been banned from driving for more than two years, you may be able to apply for the restoration of your driving licence before the disqualification period ends. To do this, you will need to make an application to the court where you were banned.
At Donnachie Law we can prepare and submit this application for you, putting together a strong case that shows there are compelling reasons why your driving licence should be restored. To find out more about how we can help you, please do not hesitate to call us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry today and let us explain your options.
“I was facing 2 charges, namely dangerous driving and speeding at speeds of up to 120mph. Naturally, I was pretty worried. I was put in touch with Paul Donnachie of Donnachie Law. He agreed to represent me.
Long story short, Paul met with someone in the Procurator Fiscal’s office and went over the charges with him. He managed to negotiate the dropping of the dangerous driving charge. And the Fiscal agreed also to limit the speeding charge to “speeds of up to 100mph”.
I tendered a guilty plea to the amended speeding charge and received a fine and 5 penalty points. I was amazed and delighted at the outcome especially since losing my licence would probably have meant losing my job as well. I doubt many other lawyers could have achieved a result like that.”
Early restoration of a driving licence
If you have been disqualified from driving, you do not necessarily have to wait until the disqualification period ends before having your licence restored. In certain cases, you can ask for your driving licence to be restored before this date. You can apply –
- After two years if the ban was for less than four years
- After half of the period of the ban if it was for four or more years but less than 10 years
- After five years in any other case
If you have been told you must re-sit your driving test at the end of the ban, the application is for a provisional driving licence. You can only apply to the DVLA for a full driving licence after passing the test.
You must show that there are ‘compelling reasons’ that support the early restoration of your licence. For example, it might be that your ability to work hindered by your inability to drive, and the early restoration of your licence would enable you to secure employment. Or it might be that your personal circumstances have changed since you lost your licence, and it is now important that you are able to drive so that you can attend medical appointments, look after your children, assist elderly parents or meet other responsibilities.
Applying for the restoration of a driving licence
As long as you have served the minimum period of your ban (as set out above), you can apply for the restoration of your driving licence.
To do this, you need to make an application with supporting documents (if any) to the court. A copy of the application and any supporting documents is sent to the Procurator Fiscal, who instructs a police report in relation to your conduct since the ban was imposed.
The court will then decide whether to grant your application after considering the contents of the police report and the submissions made on your behalf. In cases where the police report is not favourable, it may be preferable – perhaps even necessary – to offer further evidence in support of the application.
The court will weigh up various factors when making its decision, such as your character, the nature of your offence, your conduct since committing the offence and the compelling reasons you have put forward. If it finds in your favour, you will have your driving licence (or provisional driving licence) restored.
If your application is unsuccessful, you will have to wait another three months before applying again.
How can we help?
At Donnachie Law we have a great deal of experience in defending road traffic offences in Scotland and can help you with the restoration of your licence.
We can advise whether you are in a position to apply for the restoration of your driving licence. There are a number of factors to consider that will determine your suitability, and it is not always as straightforward as you think.
If we feel that you meet the criteria, we can prepare the application on your behalf, putting forward a strong argument that will persuade the court to restore your licence early. Although it is possible to make this application yourself, having a lawyer prepare your case will maximise your chances of success.
If we believe that your application would likely not be successful, we will tell you at the start. This ensures that you do not get your hopes up and will save you the time and expense of making an application.
Contact us now
We understand how difficult a driving ban can be, both on you and your loved ones. It is likely that you will be extremely keen to have your licence restored as early as possible.
Why Choose Us?
- Bringing over 35 years’ experience to help you
- Specialist Court Solicitor
- Featured in Scots Law Times