CURRENT LEGAL ARTICLES

Appealing a Criminal Conviction in Ireland: How to appeal your Driving License Ban 

Facing a drunk driving charge in Ireland is a serious criminal offence, and the consequences of a conviction can be devastating. A first-time offender with a BAC of 0.05 to 0.08 can face fines up to €5,000, a jail term of 6 months, or a disqualification from driving for up to 6 months. The length of this disqualification period can vary depending on factors like the severity of the offence and your previous driving record.

If you have been convicted of a driving offence in Ireland and have had your license revoked, you may be eligible to appeal your conviction and have your license reinstated. In this article, we will walk you through the appeal process for driving offences and the steps you can take to overturn your conviction potentially.

How do I remove disqualification from driving in Ireland?

The appeal procedure for driving offences in Ireland is governed by the District Court (Appeals to the Circuit Court) Rules 1997 (S.I. no. 93 of 1997) Order 101 Rule 1. If you have been convicted of a driving offence in the District Court, you can appeal the decision to the Circuit Court within 14 days of your conviction. However, options may still be available if you missed the initial 14-day period. For example, you can apply to extend the 14 days if you demonstrate a good reason for the delay. 

To begin the appeal process, you must instruct a solicitor. Then, the Circuit Court will schedule a hearing date. At the hearing, you can present your case and provide any evidence you have to support your appeal. This is your chance to demonstrate to the court that your conviction was unjust or that extenuating circumstances warrant reinstatement of your license. If the Circuit Court is satisfied that your appeal has merit, it can overturn your conviction and reinstate your driving license. However, in some instances, you may only be eligible to have your driving license restored once you have served a specific portion of the disqualification period. To determine your eligibility for the restoration of your license, it is recommended that you seek professional advice from a qualified lawyer who can assess the specifics of your case and provide you with tailored advice and support. 

If you do not appeal your conviction, you will be disqualified from driving and required to surrender your license to the National Driver License Service (NDLS). A notification will be sent to you from the fine’s office of the district court where you appeared, requiring you to submit your driving license immediately. Your learner license will be held with the NDLS until the disqualification ends. 

It is worth noting that disqualification orders can be appealed within 14 days of the conviction date. If you do not appeal the conviction, you will receive a disqualification from driving. During your disqualification, your license will be held by the NDLS. Once your disqualification period is over, you can apply to reinstate your license. 

In summary, if you have been convicted of a driving offence in Ireland, you can appeal your conviction and reinstate your driving license. Remember that time is of the essence – you must file your appeal within 14 days of your sentence. If the Circuit Court is satisfied that your request has merit, it can overturn your conviction and reinstate your driving license. Seeking the assistance of an experienced solicitor can be incredibly helpful in increasing your appeal’s chance of success. Even if it is past 14 days, our skilled lawyers are committed to helping you apply for an extension and navigate the complex appeal process. Don’t let a driving offence conviction ruin your life – take action now to protect your driving privileges. Contact Green and Associates today for tailored advice and support.