Appeals in relation to motoring offences are often surprisingly straightforward. We always encourage clients to carefully consider the merits of an appeal.
A conviction and/or sentence imposed by the Magistrates Court in respect of a motoring offence such as drink driving, speeding, careless driving, driving without insurance, and failing to stop at the scene of an accident/failing to report and accident, can be appealed as of right (i.e. no specific legal or factual grounds are required). If you believe the conviction was wrong, or the sentence was too harsh, then you can appeal to the Crown Court.
Appealing A Motoring Offence
The vast majority of motoring offences originate in the Magistrates Court. If you are convicted of an offence and are sentenced, then you can appeal either the conviction, the sentence, or both to the Crown Court. This requires a Notice of Appeal to be lodged within 21 days of the decision. This is an important time limit, and clients are strongly advised to take steps to lodge a Notice of Appeal within good time. Of course, we will make arrangements to lodge an appropriate Notice on your behalf should you choose to instruct us.
While there are other potential avenues of appeal, there are strict time limits. We would advise you to take legal advice immediately, if you have been convicted or sentenced by a court and you are unhappy with the outcome.
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If you have an issue with the decision made by the Crown Court and you wish to appeal then the process is more complicated. A Notice of Appeal must be lodged with the Court of Appeal. The time limit is 28 days. You will also need to highlight some error of law or fact by the Crown Court. In practice, this can be a considerable and complex hurdle to overcome. Again, there is no substitute for expert legal advice in these circumstances.
If you are appealing any decision, then you can take steps to suspend certain aspects of any sentence pending the hearing of the appeal. The Court can suspend either a prison sentence, or a disqualification from driving. This suspension would take effect up to the date when you had a chance to argue the merits of your appeal at court, which would mean that you would be at liberty, or free to drive, in the mean time.
The deadlines for appeals can, in certain circumstances, be extended. We would advise that you discuss this matter with a motoring offences lawyer.
WHAT A PREVIOUS CLIENT SAID ABOUT KEEP YOUR LICENCE:
“I and my whole family would like to express our utmost gratitude to the way you have handled this matter. I must confess that the outcome was well beyond our expectations (if not miraculous!)…..From the outset…….both of us just regained our confidence.Throughout the mitigation, I just felt this is someone who has really understood my plight and standing in my shoes. Again, I thank you very much.”
MR JJ: Failing to provide a specimen of breath
If you have recently been convicted and sentenced, and you are not happy with the decision, or you have any other motoring offence related query, then we would strongly advise that you give us a call on 0800 0126039 or fill out an online enquiry. We will be able to provide you with free and without obligation advice as to how best to proceed.