What happens when a drink driving ban is up?

DAZP93

Hello,

A friend of mine was put off the road a number of months ago and every time I ask him does he have to resit his Theory Test he gets extremely annoyed as he just presumes that he will be handed back his licence after the ban is lifted. I'm not so sure?

What I am wandering is will he have to go through the whole system of Theory test, Lessons and full test once again when the time comes?

He did hold a full licence before he was banned.

Micky Dolenz

You are that "friend" aren't you?

It will just be handed back to him obviously. Why would he have to go through the whole system again, he didn't lose the ability to drive, he took a chance and will be severely punished by being off the road, isn't that enough.

bigneacy

DAZP93 wrote: »

Hello,

A friend of mine was put off the road a number of months ago and every time I ask him does he have to resit his Theory Test he gets extremely annoyed as he just presumes that he will be handed back his licence after the ban is lifted. I'm not so sure?

What I am wandering is will he have to go through the whole system of Theory test, Lessons and full test once again when the time comes?

He did hold a full licence before he was banned.

No, he doesn't have to resit. His licence wasn't taken off him, it was suspended.

FearDark

Your friend is right.

kneemos

Friend.

SafeSurfer

What happens when a drink driving ban is up?

Generally a big piss up with optional taxi home.

johnwest288

Was it for DUI? I have a feeling even after the ban ends His insurance will go up considerably. AFAIK there is a shared database of info the guards and insurace companies can feed off

DAZP93

Micky Dolenz wrote: »

You are that "friend" aren't you?

I'm actualy not..apart from one or two pen. points my licence is still firmly in my wallet

JD Green

Your "friend" certainly should have to do all of the things that you've mentioned as he clearly doesn't understand how to drive safely.

LOL

DavyD_83

Pretty sure he does just get handed back his license.
Although now that you mention it, they probably should fully cancel peoples licenses in these situations and make them start from scratch. The hassle of the whole thing would be a punishment in itself.

That said, most people who have had license suspended etc would probably just drive on a provisional and never bother with the test.

Kinda off topic: can you get penalty points opn a Provisional License?

Reloc8

A Judge dealing with a drink driving is entitled to order that the convicted person re-sit the driving test on the expiry of the ban. If that order is not specifically made, then on the expiry of the period of disqualification the person in question is simply free to drive, subject to the usual requirements on their licence being in date, insurance etc.

reginald

JD Green wrote: »

Your "friend" certainly should have to do all of the things that you've mentioned as he clearly doesn't understand how to drive safely.

LOL

Or maybe he should get a horse like yours

kneemos

DAZP93 wrote: »

I'm actualy not..apart from one or two pen. points my licence is still firmly in my wallet

He'll need to go back to court to get it back,if he was banned for six months he can get it back after three months or banned for a year after six months etc.

JD Green

reginald wrote: »

Or maybe he should get a horse like yours

She's only a small pony lad

Run_to_da_hills

Not to mention his insurance premium will rocket.

If he fails to declare that he had a DD conviction according to the time span listed on the proposal form his policy could be null and void.

DAZP93

JD Green wrote: »

She's only a small pony lad

A pony is a pony boyo..still better than walking if you dont mind getting a few funny looks on the way to the pub!!

DAZP93

johnwest288 wrote: »

Was it for DUI? I have a feeling even after the ban ends His insurance will go up considerably. AFAIK there is a shared database of info the guards and insurace companies can feed off

Yes it was for DUI..Oh I'd imagine he will struggle to get insurance..At the time he was only driving 6 or 7 months.

The other thing is (prob doesnt make a difference) He was cought while he had a provisional licence but by the time he appeared in court and got the ban he had passed his full test and obtained his Full Irish licence.

Wacker The Attacker

You go to the pub to celebrate and drive home

Reloc8

DAZP93 wrote: »

Yes it was for DUI..Oh I'd imagine he will struggle to get insurance..At the time he was only driving 6 or 7 months.

The other thing is (prob doesnt make a difference) He was cought while he had a provisional licence but by the time he appeared in court and got the ban he had passed his full test and obtained his Full Irish licence.

Makes no difference. The disqualification was on the licence which he held at the time of going to court.

MagicSean

kneemos wrote: »

Friend.

Car friend

Reloc8

kneemos wrote: »

He'll need to go back to court to get it back,if he was banned for six months he can get it back after three months or banned for a year after six months etc.

Its automatically restored on expiry of the disqualified period.

He might be entitled to get it restored early by applying to court if he meets the statutory criteria. Ima not about to go and look 'em up now but I think what you've said is essentially wrong.

DAZP93

Reloc8 wrote: »

Makes no difference. The disqualification was on the licence which he held at the time of going to court.

As I thought:cool:

HeyThereDeliah

DAZP93 wrote: »

Yes it was for DUI..Oh I'd imagine he will struggle to get insurance..At the time he was only driving 6 or 7 months.

The other thing is (prob doesnt make a difference) He was cought while he had a provisional licence but by the time he appeared in court and got the ban he had passed his full test and obtained his Full Irish licence.

Why did he bother sitting the test when he was losing his licence?
He will get insurance but at a very high price.

DAZP93

HeyThereDeliah wrote: »

Why did he bother sitting the test when he was losing his licence?
He will get insurance but at a very high price.

I presume it would look a little better in the court room having a full licence rather than a learner permit!

It also means that he will have his licence given back to him when the 2 year ban is up..very handy

kneemos

Reloc8 wrote: »

Its automatically restored on expiry of the disqualified period.

He might be entitled to get it restored early by applying to court if he meets the statutory criteria. Ima not about to go and look 'em up now but I think what you've said is essentially wrong.

I can assure you it is right.

gustafo

HeyThereDeliah wrote: »

Why did he bother sitting the test when he was losing his licence?
He will get insurance but at a very high price.

Insurance will double, i was paying 350 before i got nabbed, when i went back on the road it went up to just over 700, but after a year or 2 it will sort it self out, now i'm back to paying just over 400 which i'm happy with.

gustafo

kneemos wrote: »

I can assure you it is right.

your wrong, you are entitled to get your licence back early only if you get more than a 2 year ban, then you can get 2/3 of it reduced

0ph0rce0

I got done for drinking beside my car, went out, went for a few pints, had cans in the car so we went up and got them to drink before we went into the club.

Guards drive around the corner, handcuffs on, bring me back to blow in the machine, limit was 0.35 I blew a 0.36, make up some bull**** story in court and banned for a year, endorsement on the license for 3 years.

I didn't give a **** cause I didn't do anything wrong, so I copied my license before it got stamped and always sent that in for insurance, yes I know fraud, wasn't paying 4000 to drive, when I got it back it was just handed back no retest

When in the station the guards kept asking me Do You Have Anything To Say? YES I Said I wasn't even in my car nevermind ****ing driving, Scumbags.

DAZP93

gustafo wrote: »

Insurance will double, i was paying 350 before i got nabbed, when i went back on the road it went up to just over 700, but after a year or 2 it will sort it self out, now i'm back to paying just over 400 which i'm happy with.

The man in question is 19 atm with 6 months driving experience..you can be sure he will be paying at the very least 3 grand of a premium for a fiat punto

So in 2 years time he will be 21..pretty much no driving experience with a drink driving ban under his belt..Good luck getting insurance there I'd say :pac:

kneemos

gustafo wrote: »

your wrong, you are entitled to get your licence back early only if you get more than a 2 year ban, then you can get 2/3 of it reduced

They may have changed the rules but it certainly used to be the case.

Stheno

kneemos wrote: »

They may have changed the rules but it certainly used to be the case.

From Citizens Information

Removal of a disqualification

The rules which allow for the removal of a disqualification were changed from 5 March 2007. Under the rules only people who have been disqualified for the first time for a period of more than 2 years will be allowed to apply to the court to have their disqualification removed and their driving licence restored. At least half of the period of disqualification must have elapsed, however, before the person can apply for the restoration of their licence.

The court may only reduce the overall period of the disqualification to a minimum of two-thirds of the period specified in the original disqualification order.

When a court is considering an application for the restoration of a driving licence it will look at the nature of the offence, the character of the applicant and the conduct of the applicant after conviction.

bedirect

Your friend just carries on as normal from the date it is restored. The ban comes into affect 14 days after conviction, so it is 2 years or whatever from that date. You can go to court & look for it back earlier if you have half your time done (call into your local district court clerk office) its called " application to restore driving licence" .Represent yourself, i think you pay 30-50 euros, just apologise to the court & say you wont do it again. A solicitor will charge you 200 euros to do the same thing.

Rabidlamb

Sorry, I'm late into the thread, I'm over from the Motors forum.

Your friend has committed a heinous crime & should never be allowed drive again.
What he has done is worse than murder, rape & murder, followed by another rape.
He should have his endorsement tattooed on his forehead & be made pull the rock of shame behind his bicycle for the rest of his days.

Cheers, thx, bi

Mod: User banned.

HeyThereDeliah

0ph0rce0 wrote: »

I didn't give a **** cause I didn't do anything wrong, so I copied my license before it got stamped and always sent that in for insurance, yes I know fraud, wasn't paying 4000 to drive, when I got it back it was just handed back no retest

When in the station the guards kept asking me Do You Have Anything To Say? YES I Said I wasn't even in my car nevermind ****ing driving, Scumbags.

I don't understand the mentality of people paying for insurance like this by lying, why pay anything you are not insured if anything happens, it's a waste of money. The only person you are fooling is yourself.

gustafo

Rabidlamb wrote: »

Sorry, I'm late into the thread, I'm over from the Motors forum.

Your friend has committed a heinous crime & should never be allowed drive again.
What he has done is worse than murder, rape & murder, followed by another rape.
He should have his endorsement tattooed on his forehead & be made pull the rock of shame behind his bicycle for the rest of his days.

Cheers, thx, bi

Don't talk ****.

kenyard

ill just leave this here

0ph0rce0

HeyThereDeliah wrote: »

I don't understand the mentality of people paying for insurance like this by lying, why pay anything you are not insured if anything happens, it's a waste of money. The only person you are fooling is yourself.

Well if I didn't I couldn't drive.

DAZP93

kneemos wrote: »

They may have changed the rules but it certainly used to be the case.

I was told by a solicitor that if the convicted was given a sentence of 2 years and 1 day that the ban may be apealed. My friend was given a ban of 2 years!

He can not appeal his ban. (His solicitor advised him of this)

I may be totaly wrong but this is what he has been told

DAZP93

Rabidlamb wrote: »

Sorry, I'm late into the thread, I'm over from the Motors forum.

Your friend has committed a heinous crime & should never be allowed drive again.
What he has done is worse than murder, rape & murder, followed by another rape.
He should have his endorsement tattooed on his forehead & be made pull the rock of shame behind his bicycle for the rest of his days.

Cheers, thx, bi

D**khead!!

HeyThereDeliah

0ph0rce0 wrote: »

Well if I didn't I couldn't drive.

you were driving without insurance, you ok with this? If you hit someone what would you do ?

gustafo

DAZP93 wrote: »

I was told by a solicitor that if the convicted was given a sentence of 2 years and 1 day that the ban may be apealed. My friend was given a ban of 2 years!

He can not appeal his ban. (His solicitor advised him of this)

I may be totaly wrong but this is what he has been told

yes thats correct, that's why most solicitors ask in court for the extra day, so if you get 2 years and a day you can get you licence back after 16 months off the road.

0ph0rce0

HeyThereDeliah wrote: »

you were driving without insurance, you ok with this? If you hit someone what would you do ?

But I did have insurance kind of, chances are 50/50 getting your license inspected.

Plus if I crashed and had to pay up, chances are again it would have been cheaper than paying 4000 a year for 3 years, thats 12000.

Better to be stopped by the guards and have insurance than none.

Needed a car for work, so nothing I could do, and like I said I couldn't care less because the guards are lying scum and I did nothing wrong.

Sunnyisland

Rabidlamb wrote: »

Sorry, I'm late into the thread, I'm over from the Motors forum.

Your friend has committed a heinous crime & should never be allowed drive again.
What he has done is worse than murder, rape & murder, followed by another rape.
He should have his endorsement tattooed on his forehead & be made pull the rock of shame behind his bicycle for the rest of his days.

Cheers, thx, bi

Ye be aswell going back over there so

StephenHendry

i thought you had to start from scratch again op, not that it would encourage to chance a few drinks and drive home from the pub

HeyThereDeliah

0ph0rce0 wrote: »

But I did have insurance kind of, chances are 50/50 getting your license inspected.

Plus if I crashed and had to pay up, chances are again it would have been cheaper than paying 4000 a year for 3 years, thats 12000.

Better to be stopped by the guards and have insurance than none.

Needed a car for work, so nothing I could do, and like I said I couldn't care less because the guards are lying scum and I did nothing wrong.

You realise your insurance is invalid in this situation, if you had an accident your insurance will not cover you.
If you killed someone could you put a price on their life?

The guards did not make you tell a lie to your insurance company.

0ph0rce0

HeyThereDeliah wrote: »

You realise your insurance is invalid in this situation, if you had an accident your insurance will not cover you.
If you killed someone could you put a price on their life?

The guards did not make you tell a lie to your insurance company.

Like I said I took a chance, had to be done, no other way.

No they didn't make me lie, but they lied in court in the first place and got me into the situation I was in.

kneemos

0ph0rce0 wrote: »

But I did have insurance kind of, chances are 50/50 getting your license inspected.

Plus if I crashed and had to pay up, chances are again it would have been cheaper than paying 4000 a year for 3 years, thats 12000.

Better to be stopped by the guards and have insurance than none.

Needed a car for work, so nothing I could do, and like I said I couldn't care less because the guards are lying scum and I did nothing wrong.

It was the judge that convicted you.

0ph0rce0

kneemos wrote: »

It was the judge that convicted you.

No **** Sherlock

Because of the lies that the guards told

gustafo

0ph0rce0 wrote: »

Like I said I took a chance, had to be done, no other way.

No they didn't make me lie, but they lied in court in the first place and got me into the situation I was in.

But you will be caught soon enough, there is a new thing coming in where insurance company's are going to be able to check the persons driving history before they insure them, it was supposed to come in in january but it's been delayed,

So how are you going to explain that one to the insurance company when your renewal is up and they can check you out before insuring you??

0ph0rce0

gustafo wrote: »

But you will be caught soon enough, there is a new thing coming in where insurance company's are going to be able to check the persons driving history before they insure them, it was supposed to come in in january but it's been delayed,

So how are you going to explain that one to the insurance company when your renewal is up and they can check you out before insuring you??

this was years ago so I have a clean license now, doesn't really matter anymore.