Restoration of a driving licence

Whydoidonow999

Hi,

I was convicted with drink driving and dangerous driving and have been disqualified for 4 and 2 years with the time to run at the same time.

I can re-apply to get my licence back at the end of the year when 2/3 of the ban have been served and will be paying a solicitor to actually do the process for me I just don't know what to expect.

Will I actually have to talk to the judge? I really hope I don't it was the stupidest thing I have ever done and I (rightly) will forever be ashamed of it.

Here's where I get worried that they might not give it back, due my bad character. It was a botched suicide attempt I drove my car off the road on purpose. I went to a MH facility after and received good help, I've also been going to AA and have mostly been sober since. But last year I had a relapse on my MH and drank again. I attempted suicide again and the Garda were called, nothing what so ever to do with driving. I have again received care and haven't drank since. I have been re-assessed and a few MH issues diagnosed which make sense and now that I am aware of those and working on them I am much better.

Not having a car has seriously impacted my life I live 5 miles from the closest town with no public transport so I have become seriously isolated. I am desperate for freedom but terrified that the judge will say don't give the looney a licence. Because I had an interaction with the Garda does that count as another offence?

Peregrinus

An interaction with the guards is not an offence, unless it led to a charge or a caution.

I think what is going to concern the judge is any feeling that your mental health issues may not yet be adequately addressed and under control. If substance abuse or impulsive behaviour are still issues for you when you apply, I think that would be a red flag.

Talk to your solicitor earlier rather than later and discuss with him whether it would be of benefit to your application if you had medical reports, etc, addressing your condition, the progress you have made and whether you still pose any significant risk of offending. I think in the circumstances the court will expect you to produce evidence of that kind.

Whydoidonow999

@Peregrinus thanks for your reply. What sort of evidence? An actual letter from the doctor saying that I attended MH hospital/ other people? I can't get anything from AA since it's anonymous and we don't have leaders or anything like that.

No I wasn't arrested. The garda stayed here until my partner got home. They were really kind. But said they would have to report it. I think it's their super that will have to sign a letter to let me apply early for the licence.

I am worried I will pay 100s to a solicitor and still not get it back. They've said it is €500 for an application. I'm not on the dole anymore but that's well over a weeks wages for me.

AndrewJRenko

Five miles or eight kilometres is very manageable by bike, even more so by eBike.

Whydoidonow999

@AndrewJRenko can I use an electric bike? I say town as well, it is a reasonable size village so still not a lot going on. I am really looking forward to being able to go places and maybe make some friends and have a life. I 100% accept my punishment for what I have done

AndrewJRenko

https://www.boards.ie/discussion/comment/120921583#Comment_120921583

There’s very few people who can drive that can’t use an eBike, given the full range of trikes and hand cycles that are available now.

Whydoidonow999

@AndrewJRenko sorry, I meant can I legally use one? I read the rules on it before and it looked like I couldn't.

L1011

Pedal assist, power limited ebikes do not need a licence.

AndrewJRenko

https://www.boards.ie/discussion/comment/120921732#Comment_120921732

Yes, no licence is required for the vast majority of eBikes.

Whydoidonow999

@L1011 thanks for that. I will look into getting one if I don't get my licence back.

At the end of the 4 years can they stop me from getting it back? I was talking to the NDLS they said they post them back at the end of the ban.

Peregrinus

https://www.boards.ie/discussion/comment/120919635#Comment_120919635

I'm thinking of a report from your treating doctor that would say more than just that you are receiving treatment. It would discuss your condition, the treatment you are getting, the progress you have made, the implications of all this for your safety as a driver. The report could say that you are participating in AA meetings and find them beneficial, which would be a way of getting in evidence about AA. And if the doctor feels that restoration of your licence could be beneficial to your recovery — increased opportunities for social contact and participation, reduced isolation — he could say so.

It's worth at least discussing this with your doctor. It's possible — hopefully not, but I'll mention it just as a possibility — that your doctor will indicate that any report he would write would not be helpful to your application, which would be a bit of a bummer, but at least you could then save yourself the cost and emotional strain of the application.

https://www.boards.ie/discussion/comment/120921796#Comment_120921796

You'll get your licence back automatically at the end of the ban (if it hasn't been restored in the meantime). There's no basis for a further ban (unless you are convicted of a further offence).

Whydoidonow999

@Peregrinus thanks for that. I don't think I want a letter from my GP on record with the courts. Also it puts her in an awkward position I see her once a month to discuss things but what if she signed something and I did do something stupid. I don't plan to and hope to never feel like that again. From our discussions she thinks that the car will be fantastic for me since there are good services I can use but they are much too far away (30kms+), even with an e-bike. So I'd say it would be positive but I think it's not a nice position to put her in.

I will make contact with the solicitor who helped me when I was disqualified shortly. My partner thinks I should wait until over the 2/3 time is done so I don't look desperate.

Will the judge actually do a lot of deliberation on this? From what I can read online it seems like once 2/3 is served and you haven't done anything else to get yourself arrested then they give it back?

cml387

Is it not also a requirement that you are able to get car insurance before a judge will restore a licence?

Peregrinus

https://www.boards.ie/discussion/comment/120935467#Comment_120935467

Other way around. You can't get car insurance unless you have a licence.

cml387

https://www.boards.ie/discussion/comment/120958841#Comment_120958841

It's that I seem to have a memory of some judges asking for proof that an applicant can obtain insurance before granting a restoration of a licnce.

moceri

You will be able to get some form of Insurance, but it will be very expensive due to your conviction. You may be also be asked about MH on the application questionnaire.