Driving ban advice please?

Rnex

Hi everyone,

Ive searched here and online and cant really find any information to help me on this, and to be quite honest, I'm lost when it comes to legal matters.

Well the story goes something like this.

I was banned from driving 7-8 years ago for a term of 10 years for dangerous driving. I was very young at the time and didn't have legal representation on the day and didnt understand much about the court system in general. I don't think the judge was very happy about that and even though the offence was quite mild, It was my second driving conviction and he banned me for 10 years.

I took it on the chin and a few years later I talked to a solicitor about it and asked about whether it would be possible to appeal the severity of the ban and he told me that he could bring it to court and see about having it reduced but also mentioned that some new law had since come in (in 2003 as far as i can remember) that said those banned for a term more than 2-3 years loose the right of appeal on the severity of the sentence? Does anyone know anything about this?

Well we never got around to sorting it out at that particular time and a few months ago I went about trying to get it sorted out once and for all, only to find he has retired, So before I bother going and looking for another solicitor I wanted to get some advice on the likely course of action so I can be in possession of all the facts when I do contact one.

My previous solicitor had me go to the tax office and order a print out of my driving history, showing the 2 convictions in 2004 so he could take it to the court i presume, I still have this print out.

So I guess my questions are as follows,

Will it be possible for me to get my ban reduced before its due to expire in 2014?
Will I need to go to court to do this?
Do I need to get a solicitor to do this for me?
Am I entitled to legal aid to cover the costs in the event I do need a solicitor? (I have been out of work for 6 months approx)
Can anyone explain the course of action I need to take in order to get things rolling?



Thanks in advance for any help.

gustafo

well i was banned for 2 years in 2007 and i was able to get my licence back after 12 months by going back to court with a solicitor,

i was lucky as new laws came in that same year stating that i would of had to serve the 2 years.

Anyway your best bet is to get onto a solicitor as you are definetly going to need one anyway, as you were banned 2004 you should be entitled to a remission but a solicitor will best advice you on this,

i doubt you will get free legal aid as the last time i was in court a guy tried to get it for a traffic offence and the judge said you can not get free legal aid for traffic offences.

Rnex

Thanks for the reply.

I suppose I should add to the list of questions and ask "How much would It likely cost me (ballpark even?) in legal fees to get a solicitor to take on the case?"

I'm not familiar with this "remission" reference though. I understand the meaning of the word but in legal matters am I right in assuming that you mean the judge would deal with the case as if I were in front of him previous to the law change?

cheers,

gustafo

Rnex wrote: »

Thanks for the reply.

I suppose I should add to the list of questions and ask "How much would It likely cost me (ballpark even?) in legal fees to get a solicitor to take on the case?"

I'm not familiar with this "remission" reference though. I understand the meaning of the word but in legal matters am I right in assuming that you mean the judge would deal with the case as if I were in front of him previous to the law change?

cheers,

well when i went back to court to get my licence back the solicitor charged me 200 euro but that was in 2007,

maybe i'm wrong about this but my understanding as your offence was in 2004 you may get a remission where you could of applied to the court when half of you ban was up, so if you got 10 years you could of applied to get it back after 5,

I know they have changed it now that you can only apply after 2/3 of the ban is served, that law came in in 2007 and you would have to get a ban over 2 years for it to be effective, but your ban was in 2004 so it won't effect you.

Best to go see a solicitor.

Rnex

I see,
Yup the last solicitor I spoke with mentioned the new law coming in sometime around march 2007. I wrote 2003 mistakenly in the original post.

I could afford to pay that much, maybe a bit more even. I was just afraid I would be hit with a bill closer to having 3 zero's on the end really.

Thanks for the posts.

ResearchWill

You say you got banned 7 or 8 years ago I am assuming in that case you got the ban in 2004 or 2005, as it was pre 2007, you are under the old system, which is restoration after half is served. So you could have applied for your licence anytime after 2009 or 2010.

Cost well just ring up a couple of local solicitors and ask for a quote, tell them what you can afford and they will tell you what they will charge.

Rnex

Thanks for the reply,

I never heard of this system of restoration after half the term. Can I still do that now?

I was banned on 23 Feb 2004 if memory serves me right so that would make feb 2009 the date I could have applied for my licence again? Sounds very interesting, I'd love to be able to get it back as simple as that but it sounds too good to be true. lol

ResearchWill

Yes you can apply any time after the half has been served. So you can have a solicitor apply at the next sitting once the required notice has been given to the Garda, it's a simple application, usually granted. Get a solicitor as the proofs vary from court to court, ALS did you hand in your licence to be endorsed when you got the ban. If you have not do so now. If you don't have licence your solicitor will advise you what needs to be done.

Rnex

I didn't have a licence (and still dont obviously) at all when I was banned. I wasn't even driving a car, it was a motocross bike. Will this complicate things?

When you say "apply", do you mean apply for a licence as normal, or to get a solicitor and apply to the courts? thanks for the help btw.

ResearchWill

Rnex wrote: »

I didn't have a licence (and still dont obviously) at all when I was banned. I wasn't even driving a car, it was a motocross bike. Will this complicate things?

When you say "apply", do you mean apply for a licence as normal, or to get a solicitor and apply to the courts? thanks for the help btw.

No it is still ok but you will need a local solicitor who does these applications all the time and will know what to do. So my advice get on to people you know who would know good local solicitors and ask, then make a few calls, or if you live in large area with district courts sitting everyday drop down and see who strikes you as good, ask that person for a card and tell him you will ring the office, ask what time would be good to ring. Not being smart but if you had got a good solicitor ages ago you would have been back on the road years ago, so just get a good solicitor.

Rnex

Thanks mate,
I always got the impression the solicitor I had was a bit of a dreamer, I think the age was getting to the aul chap. lol It was never much of an inconvenience to me as I was already working but I'm finding it difficult to get into my line of work now without a full licence ever since loosing my job.

I'll get stuck in and see if I can find a decent solicitor tomorrow so. thanks for the help.

schemingbohemia

A ten year ban for dangerous driving, was someone killed in the incident?

Rnex

schemingbohemia wrote: »

A ten year ban for dangerous driving, was someone killed in the incident?

lol, No, that's the point I was making earlier. I did have 1 previous driving conviction that I had got a month or so earlier for not having a licence etc while operating a motor vehicle.
That, combined with the fact that I didn't have any legal representation is, I believe, what sent the judge over the edge.

GazDublin

Even wit the new law u can appeal a ban half way threw but they can only take a third of d sentence off! I wud nt bother wit a solicitor considering dat u have served over 2/3rds of ur ban.. U can just go 2 d court office nd ask dem 2 set a court date 4 u nd just apologise 2 d judge nd tell him uv learnt ur lesson! But if u feel more comfortable wit a solicitor doin it 4 u go wit dat.. Nd I defo tink u got screwed wit a 10yr ban I was up on 21 driving convictions all on 1 day nd already had a ban b4 dat nd I only got 5yrs off d road

FreudianSlippers

No text speak.

kiwi44

GazDublin wrote: »

Even wit the new law u can appeal a ban half way threw but they can only take a third of d sentence off! I wud nt bother wit a solicitor considering dat u have served over 2/3rds of ur ban.. U can just go 2 d court office nd ask dem 2 set a court date 4 u nd just apologise 2 d judge nd tell him uv learnt ur lesson! But if u feel more comfortable wit a solicitor doin it 4 u go wit dat.. Nd I defo tink u got screwed wit a 10yr ban I was up on 21 driving convictions all on 1 day nd already had a ban b4 dat nd I only got 5yrs off d road

Hi I'v just read u had 21 driving convictions my son was caught drink driving while banned (stupid and irresponsible I know!)we are waiting on a summons and I am terrified he is going to be locked up. most would say he deserves it but I'd do anything to keep him out of prison he is now working and has really grown up.What do you think the outcome could be .I want to be prepared

Procrastastudy

I know in the UK it's common to jail people driving while banned. I mean what's the alternative? They've already been banned. Drink driving and banned in the UK would be a stint inside in a lot of cases I'm afraid I just don't know in ref to Ireland.

It's definitely worth investing some money in a good solicitor and getting together some kind of evidence to back up your claim he's grown up &c.

gustafo

kiwi44 wrote: »

Hi I'v just read u had 21 driving convictions my son was caught drink driving while banned (stupid and irresponsible I know!)we are waiting on a summons and I am terrified he is going to be locked up. most would say he deserves it but I'd do anything to keep him out of prison he is now working and has really grown up.What do you think the outcome could be .I want to be prepared

i know a guy who was caught driving whilst banned and he got jail, you really need to source out the best solicitor available to fight this for him to get the sentence reduced,

also he should try and go get some alcohol counselling, the judge might be more lenient if he does this.

offalyvoere22

ResearchWill wrote: »

Rnex wrote: »

I didn't have a licence (and still dont obviously) at all when I was banned. I wasn't even driving a car, it was a motocross bike. Will this complicate things?

When you say "apply", do you mean apply for a licence as normal, or to get a solicitor and apply to the courts? thanks for the help btw.

No it is still ok but you will need a local solicitor who does these applications all the time and will know what to do. So my advice get on to people you know who would know good local solicitors and ask, then make a few calls, or if you live in large area with district courts sitting everyday drop down and see who strikes you as good, ask that person for a card and tell him you will ring the office, ask what time would be good to ring. Not being smart but if you had got a good solicitor ages ago you would have been back on the road years ago, so just get a good solicitor.

You seem like a man who knows what hes talkin bout so iv a quick question for ya if ya dont mind.

In november 2010 i was banned for 5 years for dangerous driving. I was just wondering when is the earliest time i can apply to get back driving or can i appeal it? Any info you have would be very usefull.

Regards

ov22

ResearchWill

offalyvoere22 wrote: »

You seem like a man who knows what hes talkin bout so iv a quick question for ya if ya dont mind.

In november 2010 i was banned for 5 years for dangerous driving. I was just wondering when is the earliest time i can apply to get back driving or can i appeal it? Any info you have would be very usefull.

Regards

ov22

Ou can make an application for early restore after 1/2 time but restoration can not take effect untill 2/3 of ban.

You can appeal by right within 14 days of district court hearing. That appeal acts as stay on ban, while you can apply to extend time to appeal any appeal outside the 14 day limit will not be a stay on the ban. Your local solicitor will inform you if appeal is your best option.

Quentinkrisp

GazDublin wrote: »

Even wit the new law u can appeal a ban half way threw but they can only take a third of d sentence off! I wud nt bother wit a solicitor considering dat u have served over 2/3rds of ur ban.. U can just go 2 d court office nd ask dem 2 set a court date 4 u nd just apologise 2 d judge nd tell him uv learnt ur lesson! But if u feel more comfortable wit a solicitor doin it 4 u go wit dat.. Nd I defo tink u got screwed wit a 10yr ban I was up on 21 driving convictions all on 1 day nd already had a ban b4 dat nd I only got 5yrs off d road

My my, you sound like quite the classy gent.....

Quentinkrisp

Personally, anyone caught DUI deserves to be kneecapped.:)

FreudianSlippers

That's enough of that. This isn't After Hours.

offalyvoere22

kiwi44 wrote: »

GazDublin wrote: »

Even wit the new law u can appeal a ban half way threw but they can only take a third of d sentence off! I wud nt bother wit a solicitor considering dat u have served over 2/3rds of ur ban.. U can just go 2 d court office nd ask dem 2 set a court date 4 u nd just apologise 2 d judge nd tell him uv learnt ur lesson! But if u feel more comfortable wit a solicitor doin it 4 u go wit dat.. Nd I defo tink u got screwed wit a 10yr ban I was up on 21 driving convictions all on 1 day nd already had a ban b4 dat nd I only got 5yrs off d road

Hi I'v just read u had 21 driving convictions my son was caught drink driving while banned (stupid and irresponsible I know!)we are waiting on a summons and I am terrified he is going to be locked up. most would say he deserves it but I'd do anything to keep him out of prison he is now working and has really grown up.What do you think the outcome could be .I want to be prepared

To be honest hes looking at jail.best ting you can do for him is sign him up for AA.evan if he dosent have a drink problem it will look good in court. If hes working get a letter from his employer saying what a nice chap he is.if hes not working get him to sign up to a course with fas. All things will look good in court. its down to the judge at the end of the day but any judge likes to see that a lad is trying to change his ways. And if he was in anyways cheeky to a garda get him to write a letter saying how sorry he is . I know its playing the system but it works.

Best of luck

longhalloween

Quentinkrisp wrote: »

Personally, anyone caught DUI deserves to be kneecapped.:)

But if you don't get caught you're a legend

jock1967

have the same problem .....as you can I cant I get it back ..........