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[Sir Tigger KC]

A mate of mine has a crazy Ex and she got a 4 year ban, 2 years ago after crashing her car when 5 times over the limit. 

She's told him today that she's been to court and they've given her her licence back as she needs the car as she has 5 month old twins, she's turned her life around and gone back to Uni etc etc

Is this likely?  Sounds like BS to me and knowing her it probably is!    My mate is obviously worried that she's driving around illegally with his kids in the car....

If she did go to court, are the records in the public domain? 

TIA! 

EDIT:  Bit more info.  It's her 2nd ban and she got 200 hours community service, which she didn't do. 

[STEMO]

Entwood to general chat.

[Sir Tigger KC]

It seems as though it's possible. 

https://www.gov.uk/driving-disqualifications/apply-to-reduce-your-disqualification-period

[ronnyd]

Wouldn,t have thought that a drink driving ban could be reduced on that legislation as there is surely no excuse for driving over the limit. Certainly not 5 times.

[Bigron]

For the safety of your children and your peace of mind, check with Plod; they will know.
Sometimes, being a grass is acceptable.
Ron.

[Sir Tigger KC]

I don't think the Police would know without checking with DVLA to see if her licence has been re-issued.     Would they check? 

DVLA for sure won't tell my mate directly because of data protection, which is why I'm wondering about court records. 

Trouble is that he's not sure which Magistrate's Court she might have gone to.  Could she have gone to any court or would she have had to have gone to the court that handed her the ban in the first place?   

Where's Entwood when you need him?!   

[Bigron]

When they got me (MY choice of speed on the M3), I had to appear at the Court where the offence took place.

Ron.

[aaronjb]

My mate is obviously worried that she's driving around illegally with his kids in the car....

He failed to follow the golden rule? Never stick your <thing> in crazy.

Grass her up on his behalf and see what happens..

[Kevin Wood]

For the safety of your children and your peace of mind, check with Plod; they will know.
Sometimes, being a grass is acceptable.
Ron.

Yep, I think this is probably the best plan. Phone the local plod and tell them what you know.

[zirk]

I cant see any Court granting a Licence back half way through a Ban for DD, but you never know.

Her Insurance will be a expensive, assuming she has some, If shes got the Licence back demand to see it, bearing in mind it will be a brand new one with new issued dates on it.

Other way he could ask for her NI Number to do a Licence check online.
 

[Lizzie Zoom]

For the safety of your children and your peace of mind, check with Plod; they will know.
Sometimes, being a grass is acceptable.
Ron.

+1

[Entwood]

you called ??

AFAIK, and I've been out of the system 5 years now, rules for getting a licence back after a drink drive disqualification are different to if disqualified for speeding say ..

Rules are here as best as I can find ..  note the requirement for all the medical certification ..

https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving

Not withstanding that.. anyone can apply, at any time, to a magistrates court, to have any sentence reviewed, you just have to prove your case sufficiently ..

https://www.gov.uk/driving-disqualifications/apply-to-reduce-your-disqualification-period

As she was disqualified for 4 years she can apply after 2 ... it is then down to the magistrates

The guidelines were revised in 2017 ..

https://www.sentencingcouncil.org.uk/offences/item/excess-alcohol-driveattempt-to-drive-revised-2017

and include mitigation for various reasons .. see steps 2 - 7 .. and .. if memory serves .. as she would have been sentenced PRIOR to those revisions, she then has the "right" to go back to the magistrates if the revisions mean her sentence appears "harsher" than one given today for the same offence.

All she has to do is convince/ persuade the magistrates.... if she does she can apply to DVLA to get her licence back.

As I said .. been out of the system a while now, so accuracy is deteriorating over time !! I may well be wrong ....   

[Lizzie Zoom]

I don't think the Police would know without checking with DVLA to see if her licence has been re-issued.     Would they check? 

DVLA for sure won't tell my mate directly because of data protection, which is why I'm wondering about court records. 

Trouble is that he's not sure which Magistrate's Court she might have gone to.  Could she have gone to any court or would she have had to have gone to the court that handed her the ban in the first place?   

Where's Entwood when you need him?!   

Yes, that is the usual system, whereby the police check with DVLA and establish the situation with her licence.  They do it day in day out.  They will respect the concerns of the parties involved especially with young children involved.

It is difficult to arrive at any conclusion in regards to the 'facts' you outline Sir Tigger as without seeing all the relevant paperwork, with respect, you do not know all the facts.  The police in conjunction with the DVLA will.

Given though the details you describe, it seems doubtful that she would get her licence back so early in a ban given her previous, but in policing nothing can be ruled out; a sympathetic (incompetent) magistrate or even a highly qualified judge at Crown Court level can reach decisions that anger all of us, and especially the police officers involved who originally put so much of their profession time and effort in securing the original conviction.  The CPS and the courts reach unbelievable decisions in 2018!!

[Sir Tigger KC]

What my mate really wants to do if possible is to find out for sure whether she has got her licence back, without her knowing that he knows or he has been to the authorities.    Their relationship is fragile and volatile. 

Hence my query as to whether the court records are public or not.  The online check isn't a bad idea. 

[Lizzie Zoom]

What my mate really wants to do if possible is to find out for sure whether she has got her licence back, without her knowing that he knows or he has been to the authorities.    Their relationship is fragile and volatile. 

Hence my query as to whether the court records are public or not.  The online check isn't a bad idea. 

Speaking to the police will be treated in confidence, but of course if they find out she is driving illegally then they will  probably pull her by using a patrol car using ANPR which will double check her driving and vehicle status without involving your mate.  Your mate should treat this as a priority as the safety of his children and other members of the public are at stake. That should be the main consideration when talking to the police