licence back

jock1967

was banned jan2009 drink drive for 3yrs I foolishly drove car again whilst banned and was stopped and banned again for 5yrs on oct2010.. can anyone please tell me can I apply to the courts in april 2013 for my licence back that will be 2and half yr served... or can I indeed get it back because it is my second time banned...

Tom Young

A solicitor can. Go see one.

nuac

Courts will have little sympathy for you. Serious view will be taken of flouting the ban.

Would need to be compelling and urgent family circumstances.

As TY suggested talk to a solicitor practising in the District Court which banned you.

Be aware that the feelings against drunken driving are hardening by the day.

MagicSean

Do the bans stack consecutively or does the second ban start on the date of sentencing even if another ban is still in place. My gut tells me that it's the latter.

ResearchWill

Removal of disqualification.

7.— The following section is substituted for section 29 of the Principal Act:

“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.

(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.

(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.

(4) Where a court considers it to be appropriate it may confirm the period specified in the order of disqualification or it may order the removal of the disqualification from a specified date that is such that the disqualification will have effect for at least two-thirds of the period specified in the order of disqualification.

(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section ‘ disqualification order ’ means a consequential or an ancillary disqualification order.”.

Procrastastudy

Just a question not advice or veiled warning of any kind. Is it a practice in Ireland to jail repeat driving ban offenders? I think it is in the UK but am open to correction.

ResearchWill

Procrastastudy wrote: »

Just a question not advice or veiled warning of any kind. Is it a practice in Ireland to jail repeat driving ban offenders? I think it is in the UK but am open to correction.

Usually on the third offence but every judge can be different.

murrayp4

Where's Atari Jaguar??

jock1967

drive again

nuac wrote: »

Courts will have little sympathy for you. Serious view will be taken of flouting the ban.

Would need to be compelling and urgent family circumstances.

As TY suggested talk to a solicitor practising in the District Court which banned you.

Be aware that the feelings against drunken driving are hardening by the day.

Yes I am aware of this ...was very foolish of me to drive ....I need the car because my wife is type 1 diabetic she attends hospital every 2 weeks in Dublin we live in donegal long way to travel on bus...have learnt my lesson big time and would never do anything like that again..I took the car out when I was banned to actually sell it to a guy but got stopped by the Garda...never been in trouble after that ....

jock1967

drive again

Tom Young wrote: »

A solicitor can. Go see one.

Thank you Sir ...............
...so many people say I am unable to get it back because its my second ban, and indeed I drove whilst banned which I am fully aware dont look to good with a judge...Never been in trouble after my ban with the Garda and I do know the Garda who caught me very well ...Its just the fact my lawyer at the time did not have any sympathy for me at all and said in a round about way I got what I deserved , I was to do the 5yrs and was lucky I wasnt put in jail for six month...But as I say most people say yes I can get it back maybe after 2/3rds of the 60month ban..
Ban jan2009 for (3YR DD)
Ban oct2010 for (5YR DRIVING WHILST BANNED NO INSURRANCE)

MagicSean

jock1967 wrote: »

Thank you Sir ...............
...so many people say I am unable to get it back because its my second ban, and indeed I drove whilst banned which I am fully aware dont look to good with a judge...Never been in trouble after my ban with the Garda and I do know the Garda who caught me very well ...Its just the fact my lawyer at the time did not have any sympathy for me at all and said in a round about way I got what I deserved , I was to do the 5yrs and was lucky I wasnt put in jail for six month...But as I say most people say yes I can get it back maybe after 2/3rds of the 60month ban..
Ban jan2009 for (3YR DD)
Ban oct2010 for (5YR DRIVING WHILST BANNED NO INSURRANCE)

The 3 year ban is irrelevent. The five year ban has only 2/5 done. I doubt you can get it back.

ResearchWill

jock1967 wrote: »

Thank you Sir ...............
...so many people say I am unable to get it back because its my second ban, and indeed I drove whilst banned which I am fully aware dont look to good with a judge...Never been in trouble after my ban with the Garda and I do know the Garda who caught me very well ...Its just the fact my lawyer at the time did not have any sympathy for me at all and said in a round about way I got what I deserved , I was to do the 5yrs and was lucky I wasnt put in jail for six month...But as I say most people say yes I can get it back maybe after 2/3rds of the 60month ban..
Ban jan2009 for (3YR DD)
Ban oct2010 for (5YR DRIVING WHILST BANNED NO INSURRANCE)

Based on the dates the relevant legislation is pasted above it answers your question clearly, hint the bold bit is the important part.

jock1967

drive again

ResearchWill wrote: »

Based on the dates the relevant legislation is pasted above it answers your question clearly, hint the bold bit is the important part.

So I will not get it back until the 5yr ban is up??? as it is my second ban..legal words I cant get my head round..just need a answer can I get it back early after 2.3rds done or wait for the 5yr ban to end??? which one????

Procrastastudy

Legal words like first?

The act doesn't apply if you've been banned more than once is the way I read it.

jock1967

drive again

MagicSean wrote: »

The 3 year ban is irrelevent. The five year ban has only 2/5 done. I doubt you can get it back.

yes was told maybe get it back after 2/3rds served on ban is this correct ?? just need to know for my work .....or do I need to wait the full 5yrs to end ...

schemingbohemia

Wait until 5 years are up as it's your second ban.

jock1967

drive again

schemingbohemia wrote: »

Wait until 5 years are up as it's your second ban.

ok cheers ........I heard some people have got it back and they have been banned twice or even three times.........Am unsure of the Law in Ireland

jock1967

drive again

Procrastastudy wrote: »

Legal words like first?

The act doesn't apply if you've been banned more than once is the way I read it.

cheers I have heard of some people that have got it back and they have been banned more than twice .....And depends on the Area and the Judge and the Garda am not sure of the Irish Law as am not from Ireland but live here now...

jock1967

drive again

jock1967 wrote: »

So I will not get it back until the 5yr ban is up??? as it is my second ban..legal words I cant get my head round..just need a answer can I get it back early after 2.3rds done or wait for the 5yr ban to end??? which one????

Heard of people that have been banned several times and have got theres back after 2/3rds served............its a very unfair system in Ireland if your faces fits and if you get a Good Judge........Cheers Bud for taken the time to answer..

jock1967

drive again

MagicSean wrote: »

Do the bans stack consecutively or does the second ban start on the date of sentencing even if another ban is still in place. My gut tells me that it's the latter.

was banned jan 2009 until jan 2012 but drove the car whist banned on oct 2009
and went to court oct 2010 and was banned for five years oct 2010 until oct 2015
I have been told so many different things that maybe I could apply after 2/3rds of ban served others say I cant because its my second ban ...

Heard of some people being banned several times and getting theres back depends on the Garda and the Judge..

Just want to knew if there is a chance to get it back early..need it for work...

Procrastastudy

jock1967 wrote: »

was banned jan 2009 until jan 2012 but drove the car whist banned on oct 2009
and went to court oct 2010 and was banned for five years oct 2010 until oct 2015
I have been told so many different things that maybe I could apply after 2/3rds of ban served others say I cant because its my second ban ...

Heard of some people being banned several times and getting theres back depends on the Garda and the Judge..

Just want to knew if there is a chance to get it back early..need it for work...

Either way you'll need a solicitor so I'd suggest engaging one.

nuac

Most judges in considering removal of disqualification want to know if your drinking is under control - or ideally given up altogether.

If you are on your third ban, you must realise there is a difficulty.

Talk to a solicitor practising in that court area, and sort out your drinking.

ResearchWill

jock1967 wrote: »

was banned jan 2009 until jan 2012 but drove the car whist banned on oct 2009
and went to court oct 2010 and was banned for five years oct 2010 until oct 2015
I have been told so many different things that maybe I could apply after 2/3rds of ban served others say I cant because its my second ban ...

Heard of some people being banned several times and getting theres back depends on the Garda and the Judge..

Just want to knew if there is a chance to get it back early..need it for work...

OP the law on this issue has been posted, your question answered, if you not happy with the answer or believe its wrong, go to a solicitor and pay him to make the application for you.

dahamsta

nuac wrote: »

Most judges in considering removal of disqualification want to know if your drinking is under control - or ideally given up altogether.

If you are on your third ban, you must realise there is a difficulty.

Talk to a solicitor practising in that court area, and sort out your drinking.

Superb reading of the first post, just superb. And delivered from a horse's back, no less!

nuac

dahamsta wrote: »

Superb reading of the first post, just superb. And delivered from a horse's back, no less!

On checking OP I accept that poster was on second rather than third ban.

Horses back? In these parts lawyers have been on two or four wheels since about 1900.

dahamsta

nuac wrote: »

On checking OP I accept that poster was on second rather than third ban.

....and the second ban was for driving while banned, not drink driving. Perhaps if you'd taken the time to understand /any/ of the OP's query, you could have saved the lecture for someone else.

Procrastastudy

dahamsta wrote: »

....and the second ban was for driving while banned, not drink driving. Perhaps if you'd taken the time to understand /any/ of the OP's query, you could have saved the lecture for someone else.

Perhaps if you'd bothered to read the reply properly you'd realise that nothing was said about subsequent bans being drink related. Regardless the OP is almost literally going in on bended knee and some indication he is a reformed character, including being on the wagon, it likely to be helpful.

Are you just here to act the maggot - or are you thinking of posting something constructive at some point?