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APPEALS AGAINST DISQUAIFICATION
Any appeal needs to be lodged with the Crown Court or the High Court within 21 days of the conviction.
Can I still Appeal if the 21 days has elapsed?
The application to appeal will be more complicated as we will need to appeal out of time. However, we have succeeded on numerous occasions with applications to appeal out of time and therefore all it not necessarily lost.
Appealing Against Conviction
We will give you an honest assessment of your case. If the Magistates have made a wrong decision on the facts we will advise you to appeal.
Appealing Against Sentence
If you have been convicted in the Magistrates’ Court and you felt that the penalty was unduly harsh or unfair then you do have the right to appeal against that sentence in the Crown Court.
Application for Suspension of Driving Licence to be held in abeyance until Outcome of Appeal
When we lodge an appeal on your behalf, we will also request the court to suspend the period of disqualification until the outcome of the appeal. The obvious argument is that it will be unfair for you to be continued to be disqualified when you may be successful on your appeal against conviction or sentence.
Removal of Disqualification
If you have been convicted in court and you have been disqualified, we can make an application for restoration of your driving licence.
We can apply for your disqualification to be removed within the following timescales, by virtue of section 42 of the Road Traffic Offenders Act 1998:
1. If the disqualification is less than 4 years, when 2 years from the date upon which it was imposed have expired;
2. If the disqualification is for less than 10 years, but not less than 4 years, when half the period of disqualification has expired;
3. In any other cases, i.e. 10 years or more, or for “life”, when 5 years have expired from the date of disqualification.
Even if you have been disqualified for a period of 3 years or more, for a second drink driving conviction, you can still apply for the disqualification to be removed under section 42 of the act.
APPEALS AGAINST DISQUALIFICATION
Any appeal needs to be lodged with the Crown Court or the High Court within 21 days of the conviction.
Can I still Appeal if the 21 days has elapsed?
The application to appeal will be more complicated as we will need to appeal out of time. However, we have succeeded on numerous occasions with applications to appeal out of time and therefore all it not necessarily lost.
Appealing Against Conviction
We will give you an honest assessment of your case. If the Magistates have made a wrong decision on the facts we will advise you to appeal.
Appealing Against Sentence
If you have been convicted in the Magistrates’ Court and you felt that the penalty was unduly harsh or unfair then you do have the right to appeal against that sentence in the Crown Court.
Application for Suspension of Driving Licence to be held in abeyance until Outcome of Appeal
When we lodge an appeal on your behalf, we will also request the court to suspend the period of disqualification until the outcome of the appeal. The obvious argument is that it will be unfair for you to be continued to be disqualified when you may be successful on your appeal against conviction or sentence.
Removal of Disqualification
If you have been convicted in court and you have been disqualified, we can make an application for restoration of your driving licence.
We can apply for your disqualification to be removed within the following timescales, by virtue of section 42 of the Road Traffic Offenders Act 1998:
1. If the disqualification is less than 4 years, when 2 years from the date upon which it was imposed have expired;
2. If the disqualification is for less than 10 years, but not less than 4 years, when half the period of disqualification has expired;
3. In any other cases, i.e. 10 years or more, or for “life”, when 5 years have expired from the date of disqualification.
Even if you have been disqualified for a period of 3 years or more, for a second drink driving conviction, you can still apply for the disqualification to be removed under section 42 of the act.
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