What to do when your driver’s licence is disqualified
If you have been disqualified from holding or obtaining a driver’s licence, you may be able to make an application to the Court to have your disqualification lifted and your licence reinstated.
What is a disqualified licence?
A Court may make an order that suspends your driving privileges as a form of punishment for driving offences. The police may also disqualify your licence immediately if you have been charged with drink driving or drug driving offences.
The result of having your licence disqualified means that you are not able to drive a motor vehicle for a specified period of time.
How can a licence be reinstated?
If you have been disqualified from holding or obtaining a driver’s licence, an application may be made to the Court to lift your disqualification. In most cases, a disqualified driver must wait a period of 3 years before applying to a Court to have the disqualification lifted. It is important to understand the different waiting periods for certain offences.
What will the Court consider when making an order to lift a disqualification?
When considering whether to grant an application to remove a disqualification and reinstate your driver’s licence, the Court will consider the following factors:
- The public will not be at risk if you were to obtain your driver’s licence;
- You are of good character;
- The circumstances of the driving offence(s) for which your licence was disqualified can be explained;
- You have taken steps to rehabilitate yourself since your disqualification;
- You have not committed any further offences; and
- You have a reasonable need for a driver’s licence.
When considering whether you are able to make an application to have your disqualification lifted, it is important that you receive legal advice about the specific disqualification time period that applies to you.
We understand the importance of having a driver’s licence and can assist you in understanding whether you are able to make an application to have your disqualification lifted.