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Appealing a Driving Ban

We have years of experience of successfully Appealing Driving Bans

For free initial advice call 0800 999 5535

Keep My Driving Licence have years of experience in Appealing Driving Bans.

Call our specialist team today on 0800 999 5535 or submit your case and we will call you back.

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?

Yes.

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?

Yes.

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?

Yes.

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.

General FAQs

Should I drive to Court?

This depends on your plea: Yes, if you are pleading not guiltyNo, 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

  1. Whether you are financially eligible
  2. 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?

If you are pleading guilty or if it is your first hearing and you are pleaded not guilty then the witnesses will not be in Court.

If your matter is listed for a Trial, then the witnesses will be in Court as the Court will want to hear what the witnesses have to say.

 

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.

Get the legal support you deserve, call us for free on 0800 999 5535, email carl.millar@millarssolicitors.co.uk or contact us online

 

From Our Clients

 

Fantastic – highly recommended

Carl and Paul were fantastic from start to finish. Very professional and led me through everything, and for the desired result at the end – highly recommend

rob

Director
/hull
Jun 7, 2021

Fantastic – highly recommended

Carl and Paul were fantastic from start to finish. Very professional and led me through everything, and for the desired result at the end – highly recommend

rob

Director
/hull
Jun 7, 2021

Expert Advice and found not guilty – fully recommend

I was charged with Drink Driving, Refusing to give a Breath Sample, and Obstructing the Police. The entire process took a year from the day of my accident till appearing in court. Paul Turner from Millars Solicitors handled my case and gave me expert advice the whole way through. I am very pleased to sa…

Read More

K. N.

Software Engineer
Salisbury, Wiltshire
Jun 7, 2021

Expert Advice and found not guilty – fully recommend

I was charged with Drink Driving, Refusing to give a Breath Sample, and Obstructing the Police. The entire process took a year from the day of my accident till appearing in court. Paul Turner from Millars Solicitors handled my case and gave me expert advice the whole way through. I am very pleased to say I was found not guilty of all three charges. I fully recommend Millars Solicitors.

K. N.

Software Engineer
Salisbury, Wiltshire
Jun 7, 2021

Exceptional Professionalism, Efficiency and Reassurance – avoided a ban

Millars Solictors provided exceptional level of professionalism, efficiency and reassurance during the entire process, from initial consultation to defence building and court day procedure. The team at Millars, in particular Mr Paul Turner we exceptional and I am so very grateful for their guidance and …

Read More

TW

Company Director
London
Jun 7, 2021

Exceptional Professionalism, Efficiency and Reassurance – avoided a ban

Millars Solictors provided exceptional level of professionalism, efficiency and reassurance during the entire process, from initial consultation to defence building and court day procedure. The team at Millars, in particular Mr Paul Turner we exceptional and I am so very grateful for their guidance and expertise and ultimately, tremendous result in receiving no ban for my totting up of 12 points.

TW

Company Director
London
Jun 7, 2021

Fantastic Service – Worth every Penny

Would like to say a massive thank you to you and your team for providing representation for me yesterday- received best possible outcome (12 month ban reduced to 9 with Driver Rehab course plus £350 fine/ costs).

Mr Findon was greatly re-assuring and explained every aspect of the proceedings/ debrief definitively. T…

Read More

ANON

Office Manager
Staffordshire
Jul 4, 2021

Fantastic Service – Worth every Penny

Would like to say a massive thank you to you and your team for providing representation for me yesterday- received best possible outcome (12 month ban reduced to 9 with Driver Rehab course plus £350 fine/ costs).

Mr Findon was greatly re-assuring and explained every aspect of the proceedings/ debrief definitively. The pre-hearing conversation helped settle my nerves and gain focus and the mitigating statement being put forward in the clear and concise manner it was provided a big boost on a day where I was feeling far from confident.

Happy to provide a positive review and would recommend to anyone in similar circumstances.

Fantastic service, worth every penny.

ANON

Office Manager
Staffordshire
Jul 4, 2021

First Class Service

First class service from start to finish and had my charges reduced from 3 cases to 1.
Pleased with the result.
Thank you

ANON

Retired
North Wales
Jul 4, 2021

First Class Service

First class service from start to finish and had my charges reduced from 3 cases to 1.
Pleased with the result.
Thank you

ANON

Retired
North Wales
Jul 4, 2021

5* Service

5 stars – thank you very much

Richard Smedley

Warehouseman
s73 0uu
Jul 4, 2021

5* Service

5 stars – thank you very much

Richard Smedley

Warehouseman
s73 0uu
Jul 4, 2021

Gratitude

The team at Millars solicitors we very helpful. With good and continuous communication, I stayed informed throughout the case. Everything was explained to me and I always knew what was going on. I am very grateful for Mr Compton who represented me in the courtroom. He was well prepared and was successfu…

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Charles

Aug 2, 2021

Gratitude

The team at Millars solicitors we very helpful. With good and continuous communication, I stayed informed throughout the case. Everything was explained to me and I always knew what was going on. I am very grateful for Mr Compton who represented me in the courtroom. He was well prepared and was successful in helping me claim victory.

Charles

Aug 2, 2021

Getting the support needed

From start to finish Carl Millar was professional and friendly ,he made me feel totally at ease, my journey through the court was helped by having the correct information and a Barista which made the experience flow ,getting the best possible result , which I doubt I would have obtained otherwise.

Read More

Julie

Aug 2, 2021

Getting the support needed

From start to finish Carl Millar was professional and friendly ,he made me feel totally at ease, my journey through the court was helped by having the correct information and a Barista which made the experience flow ,getting the best possible result , which I doubt I would have obtained otherwise.

Julie

Aug 2, 2021

First class experience

The best! My whole experience from first conversation to court appearance was made so painless by Carl. The court commented on the quality of the record and personal statement. Carl has kept in regular contact and he’s always been genuine and managed my expectations. I wouldn’t hesitate to recommend…

Read More

Kelly

Aug 2, 2021

First class experience

The best! My whole experience from first conversation to court appearance was made so painless by Carl. The court commented on the quality of the record and personal statement. Carl has kept in regular contact and he’s always been genuine and managed my expectations. I wouldn’t hesitate to recommend this guy and his colleagues. Personable and professional. Thank you! True experts on their field.

Kelly

Aug 2, 2021

Speeding Offence Representation

I would like to say a huge thank you to Carl and his team. They handled the whole thing very professionally and I couldn’t be happier with the outcome. Very professional and helpful at all times when I was on the phone and also face to face. I can’t recommend Carl Millar Solicitors enough, well wort…

Read More

Anon

Aug 2, 2021

Speeding Offence Representation

I would like to say a huge thank you to Carl and his team. They handled the whole thing very professionally and I couldn’t be happier with the outcome. Very professional and helpful at all times when I was on the phone and also face to face. I can’t recommend Carl Millar Solicitors enough, well worth having them involved. Thanks again

Anon

Aug 2, 2021

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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.

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