Some driving offences can lead to a disqualification or temporary driving ban. Many drivers receive a ban in the first instance because they were not aware of the consequences of the offence or they did not take adequate steps to fight their initial case. However, it may be possible to appeal a ban. If you speak to our legal team, we will be able to advise you as to whether there is any merit in appealing the outcome.
If you do decide to appeal a driving ban, the appeal should be lodged with the appropriate court (Crown Court or High Court) within 21 days of the conviction being ratified. It may be possible to launch an appeal after 21 days has elapsed, but the process is far more complicated.
Appealing Your Conviction
Our legal team will look at your case and then advise you as to whether there is a case for an appeal. We are always prepared to advise defendants if there is no merit in launching an appeal; however we often find that clients have been convicted unfairly or that the wrong sentence was issued when the facts of the case are fully considered. We work with a huge network of experts who specialise in convictions for motoring offences. They will help to build a strong case to appeal your conviction.
A high quality advocate is also vital if you are seeking to secure a reduction in sentencing. Our team creates cases based on legal precedent, and explores a wide range of defence strategies in order to access fair sentencing for our clients.
During the period of your appeal, we may be able to arrange for the suspension to be temporarily lifted. It is unfair for the Courts to expect you to continue to be disqualified from driving when there is the possibility that the conviction or suspension will be overturned. The Courts are often happy to comply with this request, unless a serious driving offence has been committed. They may use their discretion to prevent the suspension from being lifted.
Removing Disqualification
If a lengthy disqualification has been issued by the Court, it is possible to apply for the disqualification to be removed once part of the disqualification has already been served. It is possible for disqualified drivers to make an application even if they have been handed a lengthy ban for a second drink driving offence. Section 42 of the Road Traffic Offenders Act 1998 sets out some timescales that may be considered by the Courts when considering the removal of the disqualification:
- If the period of disqualification which is being served is less than 4 years, the driver may make an application after 2 years from the date that the ban was issued;
- If the period of disqualification which is being served is less than 10 years, but more than 4 years, the driver may make an application once half of the issued disqualification period has expired;
- If the period of disqualification is more than 10 years (or “life”), then the driver may make an application for the ban to be revoked once 5 years have elapsed from the date that the disqualification was issued.
Call Driving Offence Solicitor today to discuss your options on the number below.