Legal Blog For Professionals

March 18, 2010

Getting Back On The Road After A Ban

Filed under: Law — Tags: , , , , , , , , , , — Tom Doerr @ 5:02 am

If you have lost your driving licence you will have either reached the highest number of penalty points allowed or have committed an offence that was considered by the courts to have put the lives of others at risk.

A disqualification from driving can range from one year to ten years depending on the severity of the offence. There are also cases where a judge will rule that the offender should serve a lifetime disqualification to avoid putting the lives of others at risk.

In some less serious offences an offender may be required to serve a Short Period Disqualification (SPD) which is less than fifty six days. Your driving licence will be held by the court for the duration of the period but it will not be revoked, you will not need to retake a test and you can start driving once the SPD has expired.

In the cases of full licence disqualifications you can reapply for your licence after the period has expired. This must be done by filling in the correct forms available online or at a post office. You will be first provided with a provisional driving licence with which you can apply to re-take the theory, hazard perception and practical test.

Unless otherwise inculcated by a magistrate, the endorsements of a disqualification will remain on a licence for which you will need to appear and present your case to have them removed.

If someone has been disqualified they may apply for their licence earlier than the expiry of the disqualification. However, this depends on the individual circumstances of the driver and the length of the ban.

A court may allow a driver to only serve half their disqualification if they have undertaken drink driving rehabilitation courses or other steps to ensure safer driving once qualified. The court may also consider the effect of the ban on an individual’s family life or career.

For bans longer than 2 years you can apply after half the proposed disqualification period, for example for a ban of 6 years you can apply after 3. If you made other offences, driving or otherwise, since your disqualification the court will immediately dismiss your application. If you are caught driving whilst banned you will face a custodial sentence and a hefty fine.

If you need advice on drink driving then talk to Mr Loophole for advice on how to avoid driving disqualifications.

Tesco Law: Every Little Helps

Tesco is currently finalising the launch of its own legal services range, after calls from Lord Falconer’s for an improvement in the accessibility and affordability of legal advice.

Initially offering low price will writing and storage services, Tesco Legal will expand the offering to include a DIY divorce kit for just over seven pounds, which will end a marriage without the use of a solicitor or legal professional.

The 70 billion a year chain, also has plans to introduce DIY letting agreements and ltd company packs-containing all the appropriate forms required when setting up a limited company. There will also be a Question & Answer service online and a section explaining what all the legal terms mean, both of which will help members of the public make sense of the forms and processes.

Experts have suggested that Tesco Legal Store is the start of things to come and that going forward other high street chains will open their own legal services sections, with some implying there will be an even wider range of services available in this manner, especially after a reform in the rules previously governing law firms.

In July 2009 following the release of a consultation document , lord Falconer hailed the move, dubbed ‘Tesco law’, as a visionary start to many more high street companies offering a new type of legal advice to the public. However the leader of the consultation, David Clementi, said the term ‘Tesco law’ was little more than a media coo and urged experts and the public to not be distracted by the term and deal with the real matter.

Despite his misgivings though it does seem that the terms I catching on and that there will be an increase in the number of high street and Do It Yourself legal services, possibly leading to a decline in the numbers seeking professional legal advice, with some commentators expressing concern over the quality of this type of advice and urging those in need of legal representation to seek it from recommended solicitors practices.

However, The Law Society, seem unconcerned about their members seeing a drop in clients, issuing a statement saying they see Tesco Legal as an “innovative addition to the market”.

For professional Chester legal services head to Oliver & Co. With years of experience in areas such as motoring, family law, commerical and asbestos claims, whatever your problem they can help.

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