Appealing a Driving Ban
We have years of experience of successfully Appealing Driving Bans
For free initial advice call 0800 999 5535
If you’ve been found guilty of a motoring offence and received a driving ban, you may have the right to appeal.
If you were unhappy with your original representation, represented yourself or were unaware of the hearing taking place, we can advise you on how to appeal a guilty verdict and the steps you need to take.
Can I appeal a driving ban?
If you’ve been found guilty of a driving offence and received a ban, had penalty points added to your licence, received a custodial sentence or were handed any form of punishment, you can appeal the court decision.
However, depending on whether you pleaded guilty or not in the original hearing can affect an appeal. When appealing a driving ban, you have the following options:
Appealing a Guilty plea
If you pleaded ‘Guilty’ to the charges in the original case and sentenced, you cannot appeal the conviction. But if you received a penalty you believe was too harsh, you can appeal this decision to have it lessened.
Appealing a Not Guilty plea
If you pleaded ‘Not Guilty’ during the original hearing, and believe that the guilty verdict was incorrect, you can appeal against the decision and the sentence.
In appealing a ‘Not Guilty’ plea, the aim is to have the case acquitted. However, the court reserves the power to uphold the original decision.
Having a case reopened
If you weren’t present at your original hearing, you could appeal to have your case reopened. However, if you were unaware of the hearing and are willing to sign a sworn declaration to that effect, the original conviction may be quashed, and the case reopened.
If you were unable to attend the original hearing but were aware of it, it’s possible to have the case reopened in the interest of justice.
Whether appealing against a conviction and sentence or just a sentence, you must appeal within 21-days of the verdict. And any statutory declaration or application to reopen a case should be made as soon as practicably possible.
What are the risks of appealing a driving ban?
In some cases, the Crown Court not only has the power to reduce your sentence, but they can uphold or even increase the penalty – resulting in a more substantial fine or sentence.
How long does a driving ban stay on your licence?
The length the ban stays on your licence can depend on previous and future offences:
- 6-months: If you tot up 12 or more points within three years
- 12-months: If you get a second disqualification within three years
- 2-years: If you get a third disqualification within three years
- 3-years: If convicted for drink driving twice within three years
Why is legal advice important?
Your best chance of winning a road offence lawsuit, or receiving a less severe punishment, is by employing the services of a specialist solicitor, like Keep My Driving Licence.
Our solicitors will review your case and, with our knowledge and expertise, give you the best representation possible.
Appealing a Driving Ban – FAQs
1: Why should I employ a specialised solicitor?
A specialised solicitor has experience of defending clients in appealing driving bans. They can also make an application to suspend your disqualification pending your appeal.
2: How can a specialised solicitor help?
A specialised solicitor, like ourselves, have vast experience with driving ban cases. Keep My Driving Licence has helped previous clients have their convictions lessened, or quashed entirely.
3: How quickly do I need to appeal my driving ban?
You must lodge your appeal within 21-days of the court verdict.
4: I think my ban was harsh and unjustified, can I appeal?
If you feel your ban was harsh for the crime committed, or you think it was unjustified, you may have grounds for appeal.
5: A driving ban will affect the day to day life of myself and others, can I appeal?
If you feel you will lose your job, or someone relies on you having a car, for example, you are their primary carer, you may have grounds to have your case reopened and reheard.
However, this does not guarantee it will be successful.
6: There were mitigating circumstances, can I appeal?
If there were mitigating circumstances leading up to the event which lost you your licence, you have grounds for appeal.
You may have been speeding to an emergency, or have a genuinely good reason for having broken the law.
If you feel this is the case, it is advisable to seek advice from a solicitor specialising in road offence law.
7: How long does a driving ban stay on your licence?
A driving ban stays on your license for 6-months if you tot up 12 or more points within three years. 12-months if you receive a second disqualification within three years and 2-years if you receive a third disqualification within three years.
8: How does the appeal procedure work?
An appeal against a conviction in a Magistrates’ Court must be made to the court where your case was originally heard. With your appeal being heard in the Crown Court.
At your appeal, the Judge will review your case and either uphold the original decision, rescind it or send it back to the Magistrates’ Court to have it reheard.
9: How can a specialised solicitor help?
A specialised solicitor, like ourselves, deal solely with road traffic offences, which means we know road law inside out and are your best chance of receiving a reduced sentence – or having the charges dropped altogether.
Should I drive to Court?
This depends on your plea: Yes, if you are pleading not guilty. No, if you are to be sentenced for an offence that carries a mandatory disqualification.
Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.
The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?
This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.
I really need my car for my job, will the Court let me keep my licence?
If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.
Do you cover cases on Legal Aid?
No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are
- Whether you are financially eligible
- Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.
Will I have to say anything in Court?
Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.
If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.
What are my chances, can you give me a percentage?
We would not give a client their chance of success in a percentage. We would not give a client their chance of success in a percentage, as this is not realistic. We provide all clients with a comprehensive assessment of their case and we are instructed on the basis that the client has been advised of their chances of success.
Will the Police or witnesses be in Court?
Need advice from a motoring offence specialist?
If you’ve received a driving ban and feel you have grounds for appeal, Keep My Driving Licence would like to defend you.
We’ll look at the facts of your case, explain the possible outcomes and support you when you need it most.
From Our Clients
A totting up ban is when you have accrued 12 or more penalty points on your licence over a three year period. When this happens, you’re likely to receive a driving ban unless you can cite exceptional hardship.
In this article, we’ll explain totting up bans in detail, the penalties you might face and what you can do to overturn the decision.
Been caught drink driving and want to appeal? Keep My Driving Licence can advise you on your rights of appeal and could get your conviction reduced, reheard or quashed.
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About Keep my Driving Licence
Keep my Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or you can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.