Drink/driving - Return of licence after disqualification, Drunk in charge penalties ( 2.5.4.L2 )
LOCAL INFORMATION
2.5.4.L2
Drink / driving
Possible penalties and appeals for return of licence
Extent: Jersey
Updated: 19 August 2021
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Words you may need to know
Penalties - punishment for a crime or breaking a contract/ rule etc
Amended - changed , altered or updated
Community service - working unpaid for the good of the community and supervised by the Probation Department
Not exceeding - not more than
Disqualified - to take away the legal right to do something, banned or barred.
Under the influence - your body is subject to the control of, or being affected by something, usually drugs or alcohol
Imprisonment - sent to prison
Discretion - freedom to decide, someone's judgement
Circumstances - the condition affecting a situation
Incapacity - a physical or mental challenge, making learning or carrying out basic tasks difficult
Administrative costs - clerical , secretarial costs
Drunk in charge (D.I.C.). Possible penalties. Road Traffic (Jersey) Law, 1956 as amended
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 / driving under the influence
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/incapacity of your wife/ parents.
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 (if that applies - 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 (from States Treasury), 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 This email address is being protected from spambots. You need JavaScript enabled to view it. 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.
