# Applying for licence back midway through a driving ban?



## DrMoriarty (3 Mar 2006)

An old friend has asked me to help him draft a 'delicate' letter, and I'd appreciate any advice y'all might have to offer... (especially any of the AAM legal eagles?)

The stupid eejit got done for DUI a year ago and was (quite properly) banned for 2 years. However, it seems that once half of the ban period has passed, he can apply to the Court to have his licence restored, as long as the Gardaí don't object to same. Naturally, the endorsement remains in place until three years have passed, and I'm sure he'll be 'crucified' for insurance for another while after that. An expensive lesson, well (l)earned, etc.  

Anyway, what I'm wondering about is not so much matters of style, but rather the correct 'protocol' to be observed. I assume the letter should be addressed to the District Court where his ban and fine were handed down — but should he also CC it to his local Gárda station, perhaps with a suitably remorseful covering note? Or should he call, cap in hand, to the Gárda station _before_ writing to the Court? Or should he not go near the Gardaí at all? (not that they'd have any particular reason to object to the application, as far as I'm aware...)

Thanks in advance for any tips you can offer.


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## Vanilla (3 Mar 2006)

He has to apply to the court, there is a notice to be served on the Gardai at least 14 days before the court date, and he has to appear in court and give evidence that 1. his licence was handed in for endorsement 2. any fine has been paid 3. when the ban was set and how long it has been in force 4. that he has endured hardship as a result of the ban and 5. tell the court about his attitude to drink driving now ( as in never never again. The judge will ask the state if they have any objection and if they don't and if she/he feels the evidence given is strong enough, they may restore the licence. Most people hire a solicitor to help with the paperwork and to examine them in court. Fees for all would be approx 150 to 200. At least thats what I charge. That includes €18 court stamp duty on teh notice, serving on the guards, doing the statutory declaration of service, contacting the guards and the court appearance.


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## DrMoriarty (3 Mar 2006)

Many thanks, Vanilla — it sounds like he should probably get his solicitor to handle it, presumably the one that represented him last year?

I said I'd help him draft the letter because, apart from being an old friend, I would say that he is genuinely 'repentant' — and I know that the ban has caused considerable hardship, particularly for his better half... (who will rightly hit him with a lot more than a driving ban, if he ever so much as _dreams_ of sitting into the car with a drink on him!)


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## Vanilla (3 Mar 2006)

I would think he would be better off getting a solicitor to represent him. But before he does, he should contact the guards and see what their attitude would be- if they say no, he will have an up hill battle.

As for being repentant, that is what the system is all about, everyone deserves a second chance.


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## DrMoriarty (3 Mar 2006)

Thanks again, Vanilla. Maybe I'll offer to give him a 'character reference' for his visit to the Gardaí...  

Should he try to contact the individual Gardaí who were involved at the time of the prosecution, or does that matter? (i.e. are the same Gardaí likely to be notified by the Court, or asked to reappear?)


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## Ravima (3 Mar 2006)

in some areas, the district judges are asking for proof that the person notified his/her insurance company and when. They also need confirmation that the insurance company will reinsure the man and some even ask for the premium to be quoted on the letter.

all this because it appears that only a small portion of convictions are notified to the insurers. it causes problems later on if found out.


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## z102 (3 Mar 2006)

If he is known to have an alc. problem then a medical test might be required.They do repeated blood samples and check for the vitamin K content - if this is above the norm then a simple note from the testing lab might make all further efforts fruitless. So he should get that done by a private doctor to see what the results might look like.


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## DrMoriarty (4 Mar 2006)

I don't think he's quite in that category, heinbloed — or at least I hope not! Afaik, it was one of those stupid decisions made after a few after-work pints on an empty stomach... 'the most expensive taxi he never took', as he put it.  

Ravima — I hadn't heard of that before, thanks. The guy lives in North Co. Dublin — I don't know which circuit court that is, but I presume a local solicitor will be fairly _au fait_ with the likely conditions that might be attached.


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## Vanilla (6 Mar 2006)

Another good reason to employ a solicitor is just for that local knowledge. I know one judge in the midlands used to have the offenders write an essay on for eg. 'why I should not drink & drive', so many words to be handed in next court day, every judge has their own likes and dislikes. If the guard who originally prosecuted him is still around, he should contact him, and he will pass him on where necessary to the Sgt or Supers office in the area.


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## bond-007 (6 Mar 2006)

If you are going to apply within District 15 you will need to show the judge a written insurance quotation and undertake an alcohol awareness course.


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## DrMoriarty (6 Mar 2006)

'Taint me — thankfully! The 'defendant' lives about 25km north-east of Dublin, so I presume that's well outside District 15..(?)


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## bond-007 (6 Mar 2006)

District 15 covers Laois, Carlow and parts of Kilkenny.


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## ribena (7 Mar 2006)

I work in the lovely Judge Mary Martin's area (District Court 15) and you can't even dream of applying back for your Licence here without having undergone an Alcohol Awareness course and you do need a letter from an Insurance Company (not necessarily the one you normally use but _any_ Insurance Company) stating that they will insure you in the event of you getting your Licence back. You need to bring this with you on the day of Court.  It's not that easy to get a letter from an Insurance Company so he'll probably have to phone around.  In the past PMPA were the only Insurers in my area that would do this letter but I'm out of touch now so I'm not sure who would be the best crowd to contact.

He should also state on his application how his work has been affected by not being able to drive so it is a necessity that he gets it back early.


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## dodo (8 Mar 2006)

If u get banned for 2 yrs half way throught try and get it back alot of times the licence will be granted back, hope your friend has learned their lesson lucky no one was killed


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## Sonosoldi (8 Mar 2006)

Hello

Check with the garda station and if they have no objection it is usually a formality application.

the district court clerk in most cases will give you the necessary forms and explain what to do. Solicitor is not necessary but wll simplify the procedure for you if you wish to engage one.

Sonosoldi


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