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Banned Driving Licence

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  • 05-07-2009 2:50pm
    #1
    Pov06
    Closed Accounts Posts: 1,487 ✭✭✭


    Hello, i was wondering, if i have a Driving Licence ban for 3 years, how much would it cost to hire a solicitor to get driving licence back ant 1.5 years banned? And is it possible without a solicitor? Thanks. ;)


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    #2
    TestTransmission
    Registered Users Posts: 19,106 ✭✭✭✭TestTransmission


    Ask a solicitor


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    #3
    timmywex
    Registered Users Posts: 2,626 ✭✭✭timmywex


    Or just serve your ban, it was given for a reason


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    #4
    Pov06
    Closed Accounts Posts: 1,487 ✭✭✭Pov06


    And i was wondering, when the 3 years is over, do you have to reeapply for a licence or is it given back automatically, so i dont have to go anywhere? :confused:


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    #5
    SV
    Closed Accounts Posts: 9,534 ✭✭✭SV


    timmywex wrote: »
    Or just serve your ban, it was given for a reason

    Yeah, he's entitled to try and get it back but he should just serve the extra 1.5 years..
    really now?


    OP, the cost of the solicitor I don't know but I do believe that you would need one if you want your appeal to be succesful, if all depends on what you were put off the road for.


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    #6
    8vjohn
    Registered Users Posts: 157 ✭✭8vjohn


    I believe that early restoration of a licence can only be issued after two thirds of the ban period so two years in your case


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    #7
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Pov06 wrote: »
    Hello, i was wondering, if i have a Driving Licence ban for 3 years, how much would it cost to hire a solicitor to get driving licence back ant 1.5 years banned? And is it possible without a solicitor? Thanks. ;)

    You can apply after half of the ban has been served and you can get the licence back after two thirds of the ban has been served. It is possible in theory to do it without a solicitor, but the chances of success are much higher with proper legal representation.
    It is matter of discretion for the judge and some will refuse and some will not. A solicitor or barrister who knows what they are doing are much more likely to succeed. Cost would be minimum €300 and possibly up to €1200.


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    #8
    Nforce
    Registered Users Posts: 2,924 ✭✭✭Nforce


    Also worth remembering that even if you do get your licence re-instated, you'll be as popular as Hitler at a Bar Mitzvah when you start ringing up potential insurers.


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    #9
    Halfdog
    Closed Accounts Posts: 87 ✭✭Halfdog


    Pov06 wrote: »
    Hello, i was wondering, if i have a Driving Licence ban for 3 years, how much would it cost to hire a solicitor to get driving licence back ant 1.5 years banned? And is it possible without a solicitor? Thanks. ;)
    Most solicitors would do it on a no fee no foal basis, in other words of you fail to get it back it will cost you nothing. If they manage to get it back for you it could cost you an arm and a leg. :eek:


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    #10
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,208 Mod ✭✭✭✭godtabh


    Halfdog wrote: »
    Most solicitors would do it on a no fee no foal basis, in other words of you fail to get it back it will cost you nothing. If they manage to get it back for you it could cost you an arm and a leg. :eek:

    Surely you'd get a quote before signing up to anything first


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    #11
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,950 Mod ✭✭✭✭L1011


    Halfdog wrote: »
    Most solicitors would do it on a no fee no foal basis, in other words of you fail to get it back it will cost you nothing. If they manage to get it back for you it could cost you an arm and a leg. :eek:

    No win, no fee is effectively illegal in Ireland. Can't advertise it, can't say you do it, etc. As a result there is little market for it and I doubt anyone at all does it.


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    #12
    Spiritoftheseventies
    Closed Accounts Posts: 12,082 ✭✭✭✭Spiritoftheseventies


    Pov06 wrote: »
    Hello, i was wondering, if i have a Driving Licence ban for 3 years, how much would it cost to hire a solicitor to get driving licence back ant 1.5 years banned? And is it possible without a solicitor? Thanks. ;)
    If you were banned from driving, you should take it on the chin.


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    #13
    Top Dog
    Registered Users Posts: 4,160 ✭✭✭Top Dog


    8vjohn wrote: »
    I believe that early restoration of a licence can only be issued after two thirds of the ban period so two years in your case
    I got mine back on appeal half way through the term of the ban - though that was over 10 years ago so things may well have changed since. Had a solicitor too though - wouldn't have tried it on my own.


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    #14
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    bayviewclose wrote: »
    If you were banned from driving, you should take it on the chin.

    He is entitled to seek his license back. No more unhelpful comments please


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    #15
    Spiritoftheseventies
    Closed Accounts Posts: 12,082 ✭✭✭✭Spiritoftheseventies


    Onkle wrote: »
    He is entitled to seek his license back. No more unhelpful comments please
    no problems with due process but as third poster said it was given for a reason.


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    #16
    Big Nasty
    Registered Users Posts: 22,080 ✭✭✭✭Big Nasty


    Less of the high horse buzz men!

    If ya got a three year ban I'm sure you deserved it and hopefully you have learned your lesson. Once you were a good boy when you were arrested (you musta been arrested for a three year ban to be inforced!) and were cooperative with the boys in blue you should have no problem getting out half way through WITHOUT the help / cost of a solicitor / barrister. As said above, insurance is gonna be a killer! Think 18 y/o insurance on a Skyline and then some! You'll be lucky to get away with €5k in the first year IMO. If it was drink, I would love to know how many units!

    Killer, but best lesson you will ever learn dude!


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    #17
    Spiritoftheseventies
    Closed Accounts Posts: 12,082 ✭✭✭✭Spiritoftheseventies


    MCMLXXV wrote: »
    Less of the high horse buzz men!

    If ya got a three year ban I'm sure you deserved it and hopefully you have learned your lesson. Once you were a good boy when you were arrested (you musta been arrested for a three year ban to be inforced!) and were cooperative with the boys in blue you should have no problem getting out half way through WITHOUT the help / cost of a solicitor / barrister. As said above, insurance is gonna be a killer! Think 18 y/o insurance on a Skyline and then some! You'll be lucky to get away with €5k in the first year IMO. If it was drink, I would love to know how many units!

    Killer, but best lesson you will ever learn dude!
    five grand. wow!


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    #18
    LeotheLion
    Closed Accounts Posts: 126 ✭✭LeotheLion


    I know someone who was banned for two years appealed halfway after one year themself and got it back,dont waste your money on a solicitor once you have show you have not been in trouble since and need the car to travel around to work etc you will have as good a chance if you waste hundreds on a solicitor.


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    #19
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    LeotheLion wrote: »
    I know someone who was banned for two years appealed halfway after one year themself and got it back,dont waste your money on a solicitor once you have show you have not been in trouble since and need the car to travel around to work etc you will have as good a chance if you waste hundreds on a solicitor.

    Road Traffic Act 2006

    You can apply to get your licence back after you've served half the ban (para 2) but you can't actually be awarded your licence back until you've served 2 thirds of the ban (para 4).
    You can't get your licence back early if the ban is 2years or less (para 1).
    “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.


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    #20
    LeotheLion
    Closed Accounts Posts: 126 ✭✭LeotheLion


    slimjimmc wrote: »
    Road Traffic Act 2006

    You can apply to get your licence back after you've served half the ban (para 2) but you can't actually be awarded your licence back until you've served 2 thirds of the ban (para 4).
    You can't get your licence back early if the ban is 2years or less (para 1).


    It was before 2006,2004 I think,I was not aware that the road traffic act had changed


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    #21
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Ahhh 2004...that explains it, half-term bans seemed to be the norm around then and for years before.:)


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    #22
    pred racer
    Registered Users Posts: 4,385 ✭✭✭pred racer


    If I remember from my last time in court(last year) if its a drink driving ban, you can no longer apply for your licence back early. At the time the law had just changed and there was a big 'discussion' in the court between the judge and solicitors about wheter the new law was applied retro-actively (sp)
    thats how come I still remember it:D I dont think it applied to other offences.

    (of course I could be talking complete boll0cks........:rolleyes:)

    completely off topic: the other reason I remember that day is a young solicitor nearly crying when the judge repeatedly refused to allow him to apply for backdated legal aid for the scumbag he had been representing for nearly a full year:) and I finally got rid of the made up charges against me by my ex-wife:pac:


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    #23
    Hartyk87
    Registered Users Posts: 139 ✭✭Hartyk87


    Can you drive on another licence such as an english or even an australian licence??


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    #24
    seanybiker
    Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    pred racer wrote: »
    If I remember from my last time in court(last year) if its a drink driving ban, you can no longer apply for your licence back early.
    Was only talking to me brother bout this yesterday. He said you can apply early with drink driving to get it back. He's a cop so supposedly knows what he's on about lol


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    #25
    BlackWizard
    Registered Users Posts: 3,282 ✭✭✭BlackWizard


    timmywex wrote: »
    Or just serve your ban, it was given for a reason

    The motor forum high horses ride in...


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    #26
    cpoh1
    Registered Users Posts: 1,604 ✭✭✭cpoh1


    MCMLXXV wrote: »
    Less of the high horse buzz men!

    If ya got a three year ban I'm sure you deserved it and hopefully you have learned your lesson. Once you were a good boy when you were arrested (you musta been arrested for a three year ban to be inforced!) and were cooperative with the boys in blue you should have no problem getting out half way through WITHOUT the help / cost of a solicitor / barrister. As said above, insurance is gonna be a killer! Think 18 y/o insurance on a Skyline and then some! You'll be lucky to get away with €5k in the first year IMO. If it was drink, I would love to know how many units!

    Killer, but best lesson you will ever learn dude!

    Not at all. My uncle was off the road for drink driving for 2 years recently and got insured for €900 fully compon a saab 9-5 2L turbo coming straight off his endorsement. If he pays anything over €1500 he'll be getting a rough deal.

    People are too quick to over estimate things like this!


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    #27
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    ...which raises an interesting question. A disqualification, according to the RTA quoted above, is merely a disqualification to hold a licence.

    Presumably, then, for it does not say otherwise, this is a licence issued by the State.

    Which means it's not a driving ban at all - merely a ban on holding an (Irish) licence. Which means that if you don't hold an Irish licence, it doesn't count, or, if you have no licence at all, that all they can do then is summons you under the appropriate Act for not having a licence.

    Either way, it's a peanut-penalty.

    What the Act should say, and it would be far, far simpler, is to make the penalty a 'ban on using or operating a vehicle in a public place, road or right of way' or some such. That way you'd be saying you're banned from the road, and the licence is a separate issue, and the non-holding of a licence wouldn't effect the ability to impose an effective ban.

    Have we not all read in the press about multiple-disqualification holders, still tootling around..........you can't 'ban' and already 'banned' person, under the existing system.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #28
    Top Dog
    Registered Users Posts: 4,160 ✭✭✭Top Dog


    galwaytt wrote: »
    Have we not all read in the press about multiple-disqualification holders, still tootling around..........you can't 'ban' and already 'banned' person, under the existing system.
    Tis a very good point. Kinda ranks right up there with a 10 point penalty being given to someone for not having a valid driving licence. Where they gonna put the points? On their fridge? :rolleyes:


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    #29
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    MYOB wrote: »
    No win, no fee is effectively illegal in Ireland. Can't advertise it, can't say you do it, etc. As a result there is little market for it and I doubt anyone at all does it.

    Solicitor Regulations preclude advertisements of this nature but it's perfectly acceptable for solicitors to enter into these arrangements with clients. It's widely done on personal injury matters when the clients cause of action is compelling.

    It's not normally done on applications to have a driving license restored.
    OP expect to pay €300 ex VAT or there abouts to instruct a solicitor on this. A barrister wont be necessary.


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    #30
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Top Dog wrote: »
    Tis a very good point. Kinda ranks right up there with a 10 point penalty being given to someone for not having a valid driving licence. Where they gonna put the points? On their fridge? :rolleyes:

    They're held in eternal suspended animation until someday you forget you ever had them and go get a licence then, bam! 10 instance points before you even leave the test centre.


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    #31
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Halfdog wrote: »
    Most solicitors would do it on a no fee no foal basis, in other words of you fail to get it back it will cost you nothing. If they manage to get it back for you it could cost you an arm and a leg. :eek:

    You would be extremely lucky to get a solicitor on a no foal no fee basis for this. Many would want money in advance before making the application.


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