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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I was convicted..

Customer Question

i was convicted for death by dangerous driving under the influence of alcohol, was sentenced to 8 years prison and received a 15 year driving ban.
i have now served the sentence and nearly done seven years of my driving ban, i would like to know if i can apply to to have my drive ban reduced or removed now .
many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with thisYou can apply after 5 years - if the disqualification was for 10 years or more, which it wasYou must have a good reason for asking for the disqualification to be reduced. For example, if you think the court made a legal mistake or there were reasons you committed the driving offence that the court didn’t take into account.Write to the court that disqualified you with the date of offence, date of conviction and any other supporting information. The court will tell DVLA if it decides to reduce your disqualification period. Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

thank you reply but have being told by some solicitors that i can not as my offence was death by dangerous driving

please can i point you to this link:

under section 6

Expert:  Ash replied 1 year ago.
You will have to take an extended retest but you can drive, even if only as a provisional driver. But you can apply to have it lifted.But you will need a re-test yes that is correct.Does that clarify
Customer: replied 1 year ago.

did you read section 42 road traffic act 1988

section 6 :The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

so are 100% sure i can still apply to have my ban reduced or removed as it has now been over 5 years.


Expert:  Ash replied 1 year ago.
Yes 36(1) is in relation to Dangerous Driving. Which says you must pass an extended test.
Expert:  Ash replied 1 year ago.
Forgive me I have re-read and seen it was dangerous. I read it as careless.If its dangerous then you can't apply to have the licence back AND you will need to pass an extended re-test.I am sorry for the confusion but does that clarify?
Customer: replied 1 year ago.

is there any other option like applying to high court

Expert:  Ash replied 1 year ago.
You could appeal, but that should have been within 21 days of the original conviction. I am sorry.
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.


Expert:  Ash replied 1 year ago.
Customer: replied 1 year ago.

do i need to do ant thing else for you to get paid and to close the question

Customer: replied 1 year ago.
Relist: Answer quality.
first said yes then no.
last answer was a bit unclear she said i can appeal but it should have been with in 21 days am bit confused now
can i appeal or not?
Expert:  Jo C. replied 1 year ago.

Hi. Thank you for your question. My name is ***** ***** I will try to help with this. You can always appeal out of time. It is actually 28 days from the date of sentence anyway not 21. Sorry about the incorrect answer above.

Would you mind indicating which answer was more helpful to you? Can I clarify anything for you? Jo

Customer: replied 1 year ago.

hi thank you for you reply

i would like to apply for a removel or a reduction on my banned but was told by some solictos that i can not do this as i was charged with death by danagrouse driveing

can you have a look at this link

section 6

The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

from this i take that i will not be allowed to apply and if that is the case then can appeal to to higher court?

Expert:  Jo C. replied 1 year ago.
No, you cannot.
You used to be able to but they tightened up the regulations with the offences that lead to death in 2006
But you can appeal outside of 21 days - which is the wrong time period anyway.
Customer: replied 1 year ago.

can you help me with this i see you are barrister on what grounds can i make a appeal ?

Expert:  Jo C. replied 1 year ago.
Well, that is another matter.
This is a conviction of the Crown Court so you need grounds of appeal. There could be thousands of grounds. The fact that you don't like the conviction is not a ground.
You have to find a complaint with the trial process to appeal the conviction. You have to show that the sentence was 'manifestly excessive' to appeal the sentence.
I'm happy to continue with this but would you mind indicating which answer has been more helpful?
Customer: replied 1 year ago.

how do indicate your answers have been more helpful?

do i click the rate to finish tab?

Expert:  Jo C. replied 1 year ago.
Nothing to do at your end. Just indicate and we can sort everything else out.
You don't have to finish at this stage.
Customer: replied 1 year ago.

how do i indicate? am getting confused now........

Expert:  Jo C. replied 1 year ago.
Just post to that effect. You have done that already.
Customer: replied 1 year ago.

lol .. i have forgot what i was talking about now..

back to point can you or your firm help me appeal ,

i strongly feel my ban was very excessive 15 years , there was a footballer who was sentenced at around the same time for the same offence he only received 5 years driving ban i have not being able find past cases where someone has received 15 year ban.. had no previous driving convictions on record.

Expert:  Jo C. replied 1 year ago.
You can't compare two sentences in that way. It doesn't work like that.
There may have been aggravating features here that didn't exist there and anyway it isn't an exact science. Some Judges do deliver harsher sentences than others. They only have to show that their sentences fall within a band of reasonableness.
8 years for causing death by driving isn't unreasonable. Causing death by dangerous driving is the most serious driving offence on the statute books.
Customer: replied 1 year ago.

sorry you have miss understood i am not questioning the the 8 years custodial sentence i received

i am very remorse full for my action on that night but i can not turn back the time but i do need to move forward and need a driving licence as i have 4 children and this is effecting there live and also my ability to grow my business

one of the main reason i did not appeal at time was because i did not want the deceased family to put through any further pain .

so can you provide the representation i need to make this appeal?

Customer: replied 1 year ago.

left me waiting did not reply did not tell me she was leaving

making wrong judgements

i never said the 8 years sentence was wrong or to long we were talking about my driving ban ...

not happy very disappointed.

Expert:  Jo C. replied 1 year ago.
Unfortunately I won't be able to continue because you have left a negative rating.
All the best
Expert:  Nicola-mod replied 1 year ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!

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