If you are in Court and there is the possibility of a driving ban then it is likely there is a serious offence behind your conviction. However, in some cases there can be mitigating circumstances. In this guide we will look at the right and the wrong way to go about appealing a driving ban.
Where to appeal
You have 21 days after the sentence to make your appeal. If a Magistrate’s court originally passed sentence then the appeal goes to the Crown court. If a Magistrate decides there are grounds for the case to be reheard then it will be re-heard.
It is possible to get a disqualification suspended while a ban is being reviewed. However, you are only allowed to do this if the Magistrate gives you permission to do so (in Scotland the application may be dealt with at the District, Sheriff’s or Justice of the Peace Court and again you may only drive if you are granted permission to do so).
There are two aspects to this – you may appeal on the grounds that the conviction was wrong or you may wish to argue that the sentence was too severe.
Some people may wish to appeal on the basis they did not originally get legal advice prior to the hearing. This fact, however, is not enough to change a verdict as it is recommended you get legal advice before you attend a hearing.
At this point, it is still worth talking to a legal adviser to see if an appeal can be lodged. Bear in mind that you may not recover costs from the first hearing as often a court will conclude that those costs could have been avoided had you secured legal representation in the first place.
There are times where if your circumstances change you can appeal for a reduction of your driving ban. However, this only applies to bans that are longer than two years and you need to have served at least half of the ban or two years depending on what length of time is longer. In the case of bans that are over 10 years you can, in fact, apply for a reinstatement of your license after 5 years.
As stated before, the best thing to do is to get legal advice before a hearing and to have representation in place. This means that if you don’t get a positive verdict initially you have someone in place who can guide you through the appeals process.
Each case will be different and there will be some mitigating circumstances for some individuals that may not apply to others. This is something the Courts will bear in mind during any case or appeal.
At Larcomes we can look at your individual circumstances and guide you through the issues involved. Contact us today and our specialist team will be happy to look at your case and consult with you on the best options regarding an appeal and what works best in your particular case.