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My driving Ban. Question.

  • 17-04-2011 4:27pm
    #1
    Closed Accounts Posts: 314 ✭✭


    Been off the road for 14 months now.
    Was done for drink driving while sitting in my car under the influence with no intention to drive. We won't get into it.

    Anyway, I'm able to apply 18 months from prosecution date to get my licence back. Learners Permit that is. This is because I pleaded guilty straight away. Otherwise if you loose the case you get 2 years straight off the road and the fine is way heftier! I can go back to court this August(with my solicitor) and ask for it back.

    Anyway,

    So what are the odds in getting it back? I'm a full time student in college.

    Is it up to the judge?

    Also, what insurance companies specialize in this type of case in terms of insuring people like me who have finished a driving ban.


Comments

  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    how long of a ban did you get?

    yes its up to the individual judge as to whether you get it back you have to prove you have learned a lesson, if you have no previous then you generally get it back from what iv seen


  • Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    For me, i got a 3 year ban. Although I could reapply for my licence after 18 months, I think the ban was still effective for 2 years.

    After 2 years I actually needed a car so reapplied and got it back before the 3 years were up.

    I asked my solicitor to represent me so I wouldn't have to turn up in court. However the judge who was on required me to appear before the court so he could ask me had I surrendered my licence. Other judges don't like dealing with people representing themselves and will prefer you to have a solicitor.

    Anyway, it's usually just a formality getting your licence back. But it's up to the judge. I heard one female judge in particular makes people reapplying early provide proof that they attended an alcohol awareness course!

    Before the court date you need to provide the garda station with a notice that you have reapplied for your licence. They will turn up in court and say whether they have any objections.

    As for insurance, a lot of insurance companies will refuse to quote you. I ended up staying with quinn direct. My premium doubled as a result of the conviction. If you have a no claims bonus make sure to take out your new policy within 2 years of the old policy expiring. I just went over the 2 year mark and as a result lost my no claims bonus.


  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    tenchi-fan wrote: »
    For me, i got a 3 year ban. Although I could reapply for my licence after 18 months, I think the ban was still effective for 2 years.

    After 2 years I actually needed a car so reapplied and got it back before the 3 years were up.

    I asked my solicitor to represent me so I wouldn't have to turn up in court. However the judge who was on required me to appear before the court so he could ask me had I surrendered my licence. Other judges don't like dealing with people representing themselves and will prefer you to have a solicitor.

    Anyway, it's usually just a formality getting your licence back. But it's up to the judge. I heard one female judge in particular makes people reapplying early provide proof that they attended an alcohol awareness course!

    Before the court date you need to provide the garda station with a notice that you have reapplied for your licence. They will turn up in court and say whether they have any objections.

    As for insurance, a lot of insurance companies will refuse to quote you. I ended up staying with quinn direct. My premium doubled as a result of the conviction. If you have a no claims bonus make sure to take out your new policy within 2 years of the old policy expiring. I just went over the 2 year mark and as a result lost my no claims bonus.


    OP whether you have a solicitor or not you will definately need to appear yourself to show you are taking the whole thing seriously and to plead your case.


  • Closed Accounts Posts: 452 ✭✭jakdelad


    how long of a ban did you get?

    yes its up to the individual judge as to whether you get it back you have to prove you have learned a lesson, if you have no previous then you generally get it back from what iv seen
    what do you mean prove you have learned a lesson????
    not enough with the fine and a ban?????
    he doesent have to prove anything he has been convicted
    he wants his licence back either he gives it or not...
    prove he has learned his lesson
    would you like him to stand with head bowed cap in hand
    saying he s sorry would that be proof???
    and it should not be up to the individual judge to decide
    there should be a proper process to getting your licence back
    if thats the case
    we all wait till we get the cushy judge before we go to court??? to make sure we get the result we want ???hows that justice


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    jakdelad wrote: »
    what do you mean prove you have learned a lesson????
    not enough with the fine and a ban?????
    he doesent have to prove anything he has been convicted
    he wants his licence back early either he gives it or not...
    prove he has learned his lesson
    would you like him to stand with head bowed cap in hand
    saying he s sorry would that be proof???

    FYP


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  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    jakdelad wrote: »
    what do you mean prove you have learned a lesson????
    not enough with the fine and a ban?????
    he doesent have to prove anything he has been convicted
    he wants his licence back either he gives it or not...
    prove he has learned his lesson
    would you like him to stand with head bowed cap in hand
    saying he s sorry would that be proof???

    he got a ban and wants his licence back early so yes it mighten hurt if he did, the judge aint gonna give the licence back early if they feel the person doesnt give a **** and will do the same thing again


  • Closed Accounts Posts: 452 ✭✭jakdelad


    he got a ban and wants his licence back early so yes it mighten hurt if he did, the judge aint gonna give the licence back early if they feel the person doesnt give a **** and will do the same thing again
    how would the judge know what he is going to do , come on giggles be serious
    your not scolding a child here
    stand with your head down and say sorry to mammy.and you wont do it again


  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    jakdelad wrote: »
    how would the judge know what he is going to do , come on giggles be serious
    your not scolding a child here
    stand with your head down and say sorry to mammy.and you wont do it again

    have you ever been in a courtroom before thats exactly what they want to see as ridiculous as it sounds


  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    galwegians wrote: »
    should not get licence back until he serves full ban, anyone who sits behind wheel of car with alcohol is not responsible enough to have a learner permit,
    i hope he has learned his lesson, and i wish him the best if he has,
    but i believe a 2yr ban should mean 2yr ban.

    thats why im wondering what exactly was the lenght of his ban, sometimes judges add a day to help


  • Closed Accounts Posts: 314 ✭✭Joebits


    how long of a ban did you get?

    yes its up to the individual judge as to whether you get it back you have to prove you have learned a lesson, if you have no previous then you generally get it back from what iv seen

    Basically when you go in and plead guilty(in my case) you have the right to ask for it back in 18 months but it's a 2 year ban still(hopefully not though)
    jakdelad wrote: »
    what do you mean prove you have learned a lesson????
    not enough with the fine and a ban?????
    he doesent have to prove anything he has been convicted
    he wants his licence back either he gives it or not...
    prove he has learned his lesson
    would you like him to stand with head bowed cap in hand
    saying he s sorry would that be proof???
    and it should not be up to the individual judge to decide
    there should be a proper process to getting your licence back
    if thats the case
    we all wait till we get the cushy judge before we go to court??? to make sure we get the result we want ???hows that justice

    I do agree with jake here, I have served my sentence but I will appear(of course) looking my sharpest and put on my puppydog eyes.

    I'd say my chances are good because last time I was in court, I looked 'the shizzack' in my suit compared to all the knackers in their trackies.

    Fingers crossed ey..


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  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    your looking for your licence back early so im afraid you havnt served your sentence, how long did you get banned for, was it over two years


  • Closed Accounts Posts: 314 ✭✭Joebits


    thats why im wondering what exactly was the lenght of his ban, sometimes judges add a day to help

    I was banned for 2 years and a day I think.. Hence I'm able to apply for it back after 18 months?


  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    make sure the day was added to the ban, it often isnt and that would mean you wont be able to get it back early


  • Closed Accounts Posts: 314 ✭✭Joebits


    make sure the day was added to the ban, it often isnt and that would mean you wont be able to get it back early

    why do they add a day?


  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    the legislation states that you may apply for your licence back early as long as you are banned for more than two years ie. 2 years and a day


  • Closed Accounts Posts: 314 ✭✭Joebits


    the legislation states that you may apply for your licence back early as long as you are banned for more than two years ie. 2 years and a day

    Alright, yeah thats my situation alright. I'll contact my solicitor closer to August and see what happens.

    I guess the part I have to worry about is insurance. I'm 21 so probably won't get cheaper insurance until I'm around 25. FML!


  • Closed Accounts Posts: 452 ✭✭jakdelad


    Joebits wrote: »
    Basically when you go in and plead guilty(in my case) you have the right to ask for it back in 18 months but it's a 2 year ban still(hopefully not though)



    I do agree with jake here, I have served my sentence but I will appear(of course) looking my sharpest and put on my puppydog eyes.

    I'd say my chances are good because last time I was in court, I looked 'the shizzack' in my suit compared to all the knackers in their trackies.

    Fingers crossed ey..
    jobits ould son be carefull the ould shizzack of a judge is probably reading this
    theres all retired training young n ould barristers solicitors supers gards
    and other hoors here , ya cant be calling folk knackers
    in trackers its not politically correct
    you can obtain a wealth of usefull information here
    if the dont know here its not worth knowing
    i put on me wig when i come here now


  • Registered Users, Registered Users 2 Posts: 1,681 ✭✭✭Officer Giggles


    yes indeed how dare i tell you the facts of what you need for you to get your licence back early..... tut tut shame on me OP


  • Closed Accounts Posts: 314 ✭✭Joebits


    jakdelad wrote: »
    jobits ould son be carefull the ould shizzack of a judge is probably reading this
    theres all retired training young n ould barristers solicitors supers gards
    and other hoors here , ya cant be calling folk knackers
    in trackers its not politically correct
    and dont mind giggles he had his way he would burn you at the stake
    you can obtain a wealth of usefull information here
    if the dont know here its not worth knowing
    i put on me wig when i come here now

    Are you stoned? Share..


  • Closed Accounts Posts: 3 caroline8188


    Hi im just wondering if ye cud help me? I got 2 years and a wk off the road. Ive done 17months now but my licence was lost wen i got caught and never re applied 4 1. So i never had 1 2 hand in.. now i dont no what happens wen my ban is up???


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  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Can you write that again using all the letters on your keyboard?

    Text speak is very hard to understand.


  • Registered Users, Registered Users 2 Posts: 1,759 ✭✭✭gustafo


    Can you write that again using all the letters on your keyboard?

    Text speak is very hard to understand.

    God it's not that hard to understand.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Well I am not 12.


  • Closed Accounts Posts: 3 caroline8188


    Hi im just wondering if ye could help me? I got 2 years and a week off the road. Ive done 17months now but my licence was lost when i got caught and never re applied for 1. So i never had 1 to hand in.. now i dont no what happens when my ban is up???


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    You can simply apply for new licence.


  • Closed Accounts Posts: 3 caroline8188


    oh really?? i read somewhere that you need to hand in your licence when you have been to court? And if you havnt it could cause problems when i go to get it back?
    So where will I go in December when my ban is up? What will they look for off me? Do I need Proof that i told my insurance company i was put of the road? Because i didnt tell them because my policy was up the following week so i just left it off..??


  • Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    oh really?? i read somewhere that you need to hand in your licence when you have been to court? And if you havnt it could cause problems when i go to get it back?
    So where will I go in December when my ban is up? What will they look for off me? Do I need Proof that i told my insurance company i was put of the road? Because i didnt tell them because my policy was up the following week so i just left it off..??

    You need to have handed in your licence. You will be asked in court whether you did or not.
    You shouldn't need proof from your insurance company.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    OP you are eligible for your license back after 16 months not 18, just so you know.


  • Registered Users, Registered Users 2 Posts: 2 dempo111


    hi lads i got banned for no insurance and was given a 4year ban and my licence ran out later the same year. I have done 3 years of the ban and can now apply for it back and was wondering is there anyway of getting my driving licence back without sitting the theory test again. Also does anyone know who the cheapest insurers are for people who were banned. thanks


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  • Registered Users, Registered Users 2 Posts: 9,978 ✭✭✭445279.ie


    What date were you convicted?

    If it was after 1st June 2011 you will have to serve at least two years under Section 67 of the Road Traffic Act 2010.

    http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0067.html#sec67


  • Registered Users, Registered Users 2 Posts: 2 dempo111


    iv served just over 3 years i could have applyed for it after 2years 3 mounths i know all about that. My question was do i have to sit my test again


  • Registered Users, Registered Users 2 Posts: 1,880 ✭✭✭razorgil


    dempo111 wrote: »
    iv served just over 3 years i could have applyed for it after 2years 3 mounths i know all about that. My question was do i have to sit my test again

    that may be at the discretion of the judge , i think


  • Registered Users, Registered Users 2 Posts: 35 Kreator1984


    My story is a bit more complicated I guess. In October last year I get a 2 year ban for drink&driving. My second learner permit is due to expire in July this year. My question is if I applied for a driving test , get the letter confirming that I have applied and the test will take place lets say in August, is there a chance I could get a third learner permit then? As obviously I cannot sit the test because I am not allowed to drive.

    What do you think, is there a point to apply for a driving test as it costs 85 euro? Have anybody had such situation already?


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