All is not lost if you are convicted
If you represented yourself or were represented by another solicitor and your case was unsuccessful, all is not necessarily lost. We will scrutinise the details of your case and advise you whether there would be any merit in appealing the case from the Magistrates’ Court to the Crown Court or High Court.
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 provide you with a preliminary detailed investigation of your case to advise you on the merits of appeal. You will receive straightforward, honest advice and if there are no any merits in appealing your case, then we will tell you. If we do think that you were unfairly convicted, or that the Magistrates made a wrong decision on the facts then we will advise you to appeal. We have a network of barristers on the nationwide basis whom have worked with us for many years, who specialise in motoring offences.
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. The quality of the advocacy is vital to reduce any sentence. We do not use random barristers at the Crown Court and we only use barristers that we have a tried and trusted relationship with over a number of years.
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:
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.
Our initial advice is always free of charge. Contact Us on 0800 32 888 46 or make an on-line enquiry.
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