Return of licence after disqualification

2.5.4.L2 Updated on:5 November 2021

First offence

If you were just over the limit, the likely fine would be up to £2,000 plus the loss of your licence for twelve months.

If you were two or three times over the limit, the fine could be up to £2,000 plus the loss of your licence for two to two and a half years.

As well as the fine, or instead of, there is the option of you being given community service as a penalty.

Second offence

You could receive a fine not exceeding £2,000 or sent to prison for a term not exceeding 3 months.

You may be disqualified from holding a licence for a period of three years if the second offence was committed within 10 years of the last offence.

Death by dangerous driving

If you are found guilty of an offence you are liable to a fine or to imprisonment for a term not exceeding 10 years or both.

You may also be disqualified for a period of 2 years from holding a licence or a longer period at the discretion of the Court.

Whether you need to retake your driving test

Your letter from the Magistrate’s Court will specify which law your licence has been banned with.  The reverse of the letter will advise whether you will be able to have your full licence back or if you will need to apply for a provisional licence and retake your test.

Appeals for return of driving licence following driving ban

If it is your first offence, the minimum ban is 12 months. Anybody who has a longer sentence can apply for the early return of their driving licence when there is under six months remaining on the ban and if their circumstances have changed. Example of a change of circumstances would be possible loss of your job or the illness of your family.

An application can be made in writing by you without the need for any legal help.

  • Write a letter addressed to The Magistrate at Magistrate’s Court Greffe, Union Street, St Helier.
  • Say when you were banned, the length of the ban, and the reason
  • Say you are applying for the early return of your licence
  • Give the reason why e.g. loss of job
  • Say you’ve learnt your lesson, have completed community service and give any references from the Probation Service
  • Give any references you might have, e.g. future employer
  • Include a cheque for £50 or Treasury Stamps, this is to cover administrative costs and is not returned if the appeal is refused.  If you need to purchase treasury stamps while the Treasury is closed, email clscashiers@gov.je with your request and you will be given further instructions.

If the Magistrate agrees to your request, you will have to attend the Magistrate’s Court to have your sentence formally reduced.

If your application is refused you will have to wait for the ban to expire. You cannot appeal to anyone else.