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Can I appeal now ?

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  • 20-02-2014 3:43pm
    #1
    finix
    Banned (with Prison Access) Posts: 325 ✭✭


    Hello ! Due to Alcohol issues I was banned from driving in 2009. Since then, I have lost my wife,house etc and am currently living in a bedsit. I am coming up to 4 years sober at this stage and was wondering could I appeal for restoration of my licence at this stage ?. I don't have money for solicitors but have heard The Court Clerk can be very helpful. I just wish to do the appeal on my own and wondered what to do ?
    Ps I was banned for 6 years due to 2 DD charges within a month.
    I feel I need to try and get my life back together a little.
    Any advice hugely welcomed.
    Thanks M


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    #2
    sopretty
    Closed Accounts Posts: 3,009 ✭✭✭sopretty


    finix wrote: »
    Hello ! Due to Alcohol issues I was banned from driving in 2009. Since then, I have lost my wife,house etc and am currently living in a bedsit. I am coming up to 4 years sober at this stage and was wondering could I appeal for restoration of my licence at this stage ?. I don't have money for solicitors but have heard The Court Clerk can be very helpful. I just wish to do the appeal on my own and wondered what to do ?
    Ps I was banned for 6 years due to 2 DD charges within a month.
    I feel I need to try and get my life back together a little.
    Any advice hugely welcomed.
    Thanks M

    If you go into your court office, the court clerk will tell you. I've heard different stats thrown about; 2/3rds of sentence, 3/4 of sentence. Just go in and ask the clerk or ring in


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    #3
    sopretty
    Closed Accounts Posts: 3,009 ✭✭✭sopretty


    Ps - well done on your sobriety


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    #4
    finix
    Banned (with Prison Access) Posts: 325 ✭✭finix


    sopretty wrote: »
    If you go into your court office, the court clerk will tell you. I've heard different stats thrown about; 2/3rds of sentence, 3/4 of sentence. Just go in and ask the clerk or ring in
    Is it the District court ?


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    #5
    finix
    Banned (with Prison Access) Posts: 325 ✭✭finix


    sopretty wrote: »
    Ps - well done on your sobriety
    Thanks !


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    #6
    sopretty
    Closed Accounts Posts: 3,009 ✭✭✭sopretty


    finix wrote: »
    Is it the District court ?

    Think so. Both district and circuit court offices are in same building where I am. I would presume it would be whichever court that you were convicted in? Not 100% sure though!


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    #7
    finix
    Banned (with Prison Access) Posts: 325 ✭✭finix


    sopretty wrote: »
    Think so. Both district and circuit court offices are in same building where I am. I would presume it would be whichever court that you were convicted in? Not 100% sure though!
    My case was heard in the old hospital on Brunswick St


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    #8
    sopretty
    Closed Accounts Posts: 3,009 ✭✭✭sopretty


    finix wrote: »
    My case was heard in the old hospital on Brunswick St

    No idea what that is I'm afraid! Hopefully someone else will help u with info


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    #9
    SHANAbert
    Registered Users Posts: 162 ✭✭SHANAbert


    Well done on your sobriety.

    If you don't ask you won't get.

    Good luck.


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    #10
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    You can apply once you have half the suspension served. Four years since conviction, big effort made to sort the alcohol issue I think any Judge would look favourably. I suggest having a word with the District Court Clerk as regards procedure for restoration of the driving licence. He will also be able to advise whether or not you really need a solicitor. The prosecuting Garda will be required to attend in court to say whether or not there is any objection to a restoration of the licence.


  • Options
    #11
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    finix wrote: »
    Hello ! Due to Alcohol issues I was banned from driving in 2009. Since then, I have lost my wife,house etc and am currently living in a bedsit. I am coming up to 4 years sober at this stage and was wondering could I appeal for restoration of my licence at this stage ?. I don't have money for solicitors but have heard The Court Clerk can be very helpful. I just wish to do the appeal on my own and wondered what to do ?
    Ps I was banned for 6 years due to 2 DD charges within a month.
    I feel I need to try and get my life back together a little.
    Any advice hugely welcomed.
    Thanks M


    Its not an appeal, it is an application for early restoration, a person can do application themselves if they know what they are doing. But of course a solicitor will make sure all the i's are dotted etc. The rules are simply apply after half time served and restored after at least 2/3 served and a minimum of 2 years. So it would seem that the necessary 4 years of a 6 year ban has been served. But and there is a big but, the Act says at Section 29 as ammended by section 7 of the Road Traffic Act 2006

    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.

    You need proper advice.


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    #12
    finix
    Banned (with Prison Access) Posts: 325 ✭✭finix


    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.

    What does this mean...In Plain English please. !


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    #13
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    finix wrote: »
    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.

    What does this mean...In Plain English please. !

    It's in plain English, you can apply for a restoration on "first such order made in respect of that person within a period of 10 years." The first disqualification in the past 10 years. It seems the order you wish to apply for early restoration if I'm reading your OP is your second such order. Hence why I advised to get proper advice based on your facts.


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    #14
    finix
    Banned (with Prison Access) Posts: 325 ✭✭finix


    infosys wrote: »
    It's in plain English, you can apply for a restoration on "first such order made in respect of that person within a period of 10 years." The first disqualification in the past 10 years. It seems the order you wish to apply for early restoration if I'm reading your OP is your second such order. Hence why I advised to get proper advice based on your facts.

    I had 2 charges for DD in one month. They were both dealt with in one court appearance, hence 6 years (and 5k fine !) and 500 to the poor box too !
    Look I did the crime and fully accept what I did was wrong, I just want to move on. Thanks


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    #15
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    finix wrote: »
    I had 2 charges for DD in one month. They were both dealt with in one court appearance, hence 6 years (and 5k fine !) and 500 to the poor box too !
    Look I did the crime and fully accept what I did was wrong, I just want to move on. Thanks

    That's why you need proper legal advice, you have 2 convictions, I assume 3 years on the first and 6 years on the second to be served concurrently. So it would be in all likelihood the second conviction (6 years) that you are asking the court for an early restoration. Because your case is not cut and dried you need to seek professional advice.

    The fine and poor box donation seem excessive, why did you not appeal, at the time, did you use a solicitor.


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    #16
    finix
    Banned (with Prison Access) Posts: 325 ✭✭finix


    infosys wrote: »
    That's why you need proper legal advice, you have 2 convictions, I assume 3 years on the first and 6 years on the second to be served concurrently. So it would be in all likelihood the second conviction (6 years) that you are asking the court for an early restoration. Because your case is not cut and dried you need to seek professional advice.

    The fine and poor box donation seem excessive, why did you not appeal, at the time, did you use a solicitor.
    I was so low/fckd up at the time I just paid. I did use a solicitor (he was another 500) he was shocked too, bad day all round.
    That's the past, I am strong enough to move on now but have no money hence my original OP !


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