Change of Driving Ban from 2years to 2years and a day.!!

Matt1983

Hi, I recieved a 2 year driving disqualification last year of which I have 12 months served now I have learned that I cant have my licence restored because I did not get 2 years and a day. What I want to understand is it possible to have the original disqualification of 2 years changed through the courts assuming that the judge and gardai support it to 2 years and a day and therefore allowing me to apply for restoration after 12month or 16months??
All relevant and helpful info would be greatly appreciated.

P.s. Im not looking for legal advise but just want to know is such possible as I dont want to speak with solicitors and realise it's not possible and ending being charged a fee.

Milk & Honey

There are 2 possibilities.
1.You apply to the judge who heard the case to amend his order. This would have to be on notice to the prosecuting guard. Most unlikely it would be done. The judge would have to be persuaded that there was a mistake in the order as drawn up i.e. the order was not the one he intended to make.

2. Apply to the District Court for an extension of time to appeal. Appeal to the Circuit Court and ask for the longer ban. If the longer ban is given, go back to the District Court and seek reinstatement. No guarantees that any of this would get you back on the road any sooner.

gustafo

i'd say your chances are slim to none, you should of got your solicitor to request it when you were in court on the charge.

ResearchWill

Milk & Honey wrote: »

There are 2 possibilities.
1.You apply to the judge who heard the case to amend his order. This would have to be on notice to the prosecuting guard. Most unlikely it would be done. The judge would have to be persuaded that there was a mistake in the order as drawn up i.e. the order was not the one he intended to make.

2. Apply to the District Court for an extension of time to appeal. Appeal to the Circuit Court and ask for the longer ban. If the longer ban is given, go back to the District Court and seek reinstatement. No guarantees that any of this would get you back on the road any sooner.

Just to correct you on point 2. If the CC change the order in anyway, it is only the CC that can do the restoration.

Kosseegan

ResearchWill wrote: »

Just to correct you on point 2. If the CC change the order in anyway, it is only the CC that can do the restoration.

What the CC does is to direct the District Court to change it's order.

Reloc8

No that's wrong ^

In point of legal fact the application is made 'to the court which made the order' (of disqualification.

Source : S. 29 Road Traffic Act as substituted by Section 7 of the Road Traffic Act 2006.

Formerly, where an appellate court varied the order made by the court below (District Court it would seem in this instance) the application was made to the appellate court but where an appellate court affirmed without varying the order made by the court below, the application was made to the court below.

Source : Section 29 Road Traffic Act 1961 as unamended.

I don't understand why anyone would say that the Circuit Court 'directs the District Court to change its order'. That even sounds completely wrong. I would like to be directed to the source of this belief.

ResearchWill

Kosseegan wrote: »

What the CC does is to direct the District Court to change it's order.

Wrong, the CC substitutes its order if it sees fit.