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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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I've was given a 46 month ban for a second drink drove offence

Customer Question

I've was given a 46 month ban for a second drink drove offence in January 2013, at the end of this month i will have served 2 years. I completed a drink awareness course which reduced my ban by 25%. December this year will be when I get my liscence back, however isit possie to apply for my licence early under special circumstances? My circumstances are as follows.
Since losing my liscence on the 28th January 2013 I lost my job and relationship with my previous partner. My breakup with my ex involved me taking her to court in order to see my son. I've found it increasingly difficult to maintain contact with him being unable to drive and being unemployed. I was relying on my father to take me to pick him up. However in October 2013 I started working with my bricklaying partner mr Richard ******** and relied on him coming to pick me up in the morning, taking me to work and then home in the evening. We started working for *******brickwork in may 2014 on a new development for a university. Richard has been on a nhs waiting list for a knee operation for the past year which means he won't be able to drive for some time after it and after speaking to our boss he informed is that he will have no option but to lay us off if we can't find our way to work. The development is on a tight schedule and needs to be completed before a new university term. Richard cancelled his operation and is now waiting for an opening in the coming weeks. Richard has no option but to take the new date and have the operation, however this means we will both be laid off. We both are living 25 miles from our place of work and have no public transport to get there. Since losing my liscence I am now in another relationship, renting a house and have a 6 month old baby boy. I am totally reliant on my job to provide for my two sons and to pay our rent and bills. My mother has mental health issues and has type 2 diabetes, she has been reliant on my father to look after her and care for her. My father can no longer pick Levi up as often and I'm afraid that losing my job would leave me unable to pay for taxis to travel to get him and take him home Wednesdays, Fridays, and Sundays every week. Even with my job I would still find it hard paying for a taxi. My ex partner has also informed me that she is waiting to move house and is currently on an council housing list. I'm afraid her moving would make it impossible to afford taxis to pick my son Levi up every week. Having my ban lifted would secure mine and my partners jobs for ******* brickwork, it would mean that I could continue to provide for my two sons and girlfriend and would also mean that I could give my son Levi the contact which he has become used to with both me, my girlfriend and his little brother Jenson on the Wednesday nights and the Fridays through to Sunday on weekends.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can apply for removal from disqualification if you have served two years of a ban but not on the basis of special circumstances.
There is one single issue with removal from disqualifications. That is whether or not there has been a change in circumstances sufficient to cause the Magistrates to trust that you will not be a risk to road safety. You have to be realistic. This is a second ban for drink driving within 10 years. They are likely to have some concerns.
You can mention your personal circumstances as well but the case will not be decided on that basis.
It is worth an application but if you don't address the right issues it will fail.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Well what other issues are there? I will become unemployed, have no contact with my son and my 2 sons will suffer as a result. I was convicted for the second DUI before my so s were born. Having a job is a crucial part of turning my life around a providing for my innocent children. What other issues do I need to address?
Expert:  Jo C. replied 2 years ago.
None of that is of any relevance.
There is one single issue with removal from disqualifications. That is whether or not there has been a change in circumstances sufficient to cause the Magistrates to trust that you will not be a risk to road safety.
Customer: replied 2 years ago.
Well would having a 1.5 year old son and a 6 month old son, a girlfriend and a steady job account as sufficient enough. Im older and wiser with 2 dependant children.
Expert:  Jo C. replied 2 years ago.
No. They are not interested in your personal circumstances. Their interest is in whether you present a risk to road safety.
Unless you can argue that these responsibilities mean you are less likely to drink drive. Usually though they are looking for a long period of non offending, stable employment during that period etc.
Customer: replied 2 years ago.
Ok I understand now, sorry. Well yes them changes of circumstance mean that I will never drink drive again. My 2 sons mean the world to me. What steps can I take to assure the magistrates that I will never be as foolish again.
Expert:  Jo C. replied 2 years ago.
Usually though they are looking for a long period of non offending, stable employment during that period, possibly confirmation from your GP that alcohol has not been an issue that they have seen.
Customer: replied 2 years ago.
Ok well I havnt been in any sort of trouble since, I've been in employment. Would having having a medical before applying be enough?
Expert:  Jo C. replied 2 years ago.
Not on it's own. The DVLA will demand that sometimes but not the court.
It really just arises if you had an alcohol problem and you can get your GP to confirm that there have been no recent issues then it can be useful.
References from people like employers are always useful.
Customer: replied 2 years ago.
Would a character witness off my sons mother, my ex partner be helpfull? She has stated that even though we had to go through the court system to agree contact with my son, that in the 1.5 years my son has been born I have never missed a child support payment, a contact date and that I've been a devoted father. She has also stated that she is 100% confident that my son will be safe in a vehicle with me and is in no way worried about his safety.
Expert:  Jo C. replied 2 years ago.
It depends what she does say. It is worth collecting references because you don't have to use them if they are unhelpful. if she is going to say that you pay CSA regularly then that would be helpful because it suggests you are responsible.
I am happy to continue with this but please leave feedback for my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Offcourse you've been extremely helpful, thanks
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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