Appeal Driving Ban

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Appeal Driving Ban

If a person is convicted, at the Magistrates Court, of a road traffic offence then that person has an automatic right of appeal to the Crown Court. There is also an automatic right of appeal from the Magistrates Court to the Crown Court if a person feels that the sentence that has been imposed by the Magistrates Court is wrong or unduly harsh.

Appeal Driving Ban Procedure

There is also a specific procedure where the finding of the Court or the sentence imposed is clearly wrong or has been decided as a result of an obvious error, such as a failure by the Magistrates Court to receive a written plea of not guilty to the Court. In circumstances such as this, rather than having to appeal to the Crown Court, a person can make an application to the Magistrates Court to reopen the case and set the conviction or Court order aside. This provision is specifically provided by section 142 of the Magistrates Court’s act 1980. The Court may reopen a case at any time where it appears to the Court that it is in the interests of justice to so.

If a person decides to appeal to the Crown Court against either his conviction or sentence, a notice of appeal must be lodged with the Magistrates Court within 21 days of the date of the hearing. A copy of the notice of appeal will then be served on the Crown Prosecution Service. Notification will be forwarded to the Crown Court and the case will then be reheard before a Crown Court Judge sitting with 2 Magistrates.

Contact us today for your Free Initial Consultation on 0800 032 5930

Permission to Appeal out of Time

If more than 21 days have elapsed form the date of the Magistrates Court hearing, an appeal can still be lodged. Before this can be done, however, an application must be made to the Crown Court for permission to appeal out of time. Provided there is a good enough reason and there has been not too great a passage of time, our experience is that the Crown Court would usually grant the application for leave to appeal out of time. The appeal could then be processed in the normal way.

At the Crown Court the evidence will be completely reheard afresh. The Prosecution will call any witnesses that were called at the Magistrates Court and the defence would usually do the same.

At the conclusion of hearing all the evidence the Crown Court would then make a decision as to whether or not the appellant was guilty. In a case of an appeal against sentence the Crown Court would have to decide whether or not the sentence had been incorrectly imposed.

Successful Driving Ban Appeal

If the appeal is successful an application will be made to the Crown Court for a defence costs order. In the ordinary course of events the Crown Court would order that, subject to assessment, an individual’s legal costs incurred both in the Magistrates and in the Crown Court should be reimbursed.

It is worthy of note that if a person has been disqualified from driving by the Magistrates Court and seeks to appeal against that disqualification, then an application can be made to the Crown Court for suspension of the disqualification pending the outcome of the appeal. Clearly if for example, a person’s job depends upon their continued ability to drive a motorcar then it can be very important that they are able to rive that car pending the outcome of the appeal process.

Unsuccessful Driving Ban Appeal

It should be noted that in any appeal against conviction or sentence, if the appeal is unsuccessful then the Crown Court has the power to reconsider the original penalty afresh. This means that the penalty could, effectively, be increased if an individual is unsuccessful. Having said that, provided there is merit in the appeal, even if the appeal is unsuccessful most Crown Courts will not interfere with the penalty imposed by the Magistrates Court in relation to road traffic offences.

Should an individual be giving consideration to an appeal either against conviction or sentence feel free to contact us for a no obligation, free of charge consultation when you will be advised upon the relative merits and prospects of success. Any appeal case will be dealt with on a fixed fee basis so that you know the full cost of the intended proceedings at the outset.

Looking to Appeal a Driving Ban?

For more information regarding how to Appeal a Driving Ban then please contact us on 0800 032 5930 or fill in our online enquiry form and we’ll get back to you


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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving

Robert Bimpson is wildly acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

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Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure To Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

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