At Cartwright King we understand that the consequences of a driving conviction can have negative consequences on your quality of life. If you feel that your conviction is unjust or the penalty you have been given is too severe, you have the right to appeal the decision. We are available to represent you throughout the entire legal process and have solicitors across the country so we can assist wherever you are based.
Driving conviction appeals and the law
If you have been convicted or sentenced for a motoring offence, you have 21 days from the date of sentence to lodge an appeal. In certain circumstances you may be allowed to appeal out of time.
Ways of appealing decisions include:
Statutory Declaration – If you have been convicted or prosecuted in your absence and were unaware of the proceedings, you can make a statutory declaration which will automatically cancel them out. The court process starts again from the beginning giving you the opportunity to make your case.
Application to Re-Open – If your conviction or sentence took place in a Magistrates’ Court and you did not attend for some good reason, or a crucial error was made because the court did not have some important information, you may be able to make an application to re-open the case and challenge the original decision.
Appeal to the Crown Court – Once you have been sentenced in a Magistrates’ Court, you can appeal to the Crown Court against conviction or sentence. The Crown Court re-hears the whole case and can reach a different finding to the magistrates.
Appeal to the High Court – In some cases where we advise that the court have made a legal error the case can be referred to the High Court by asking the Magistrates to “state a case” for review there.
Driving Appeals - Convictions
If you choose to appeal against a conviction, a full re-trial of your case would take place at a Crown Court. It will be heard by a Crown Court Judge with two accompanying Magistrates who were not involved with your original case.
Driving Appeals - Sentences
If you choose to appeal against a sentence that has been imposed by the Magistrates, you are appealing against the sentence and not the conviction e.g. you feel that your disqualification was too long. Once you have appealed against your sentence, the Crown Court will reconsider it and can reduce the sentence or increase it. For example, you may have been disqualified from driving despite your ‘exceptional hardship’ argument and on appeal that argument could be reviewed.
What are the risks of appealing?
You have the right to lodge an appeal; however we would always advise reviewing your case before doing so. While the Court has the authority to reduce your sentence, they can also increase your original sentence and make you pay the prosecution costs if they feel that the appeal should not have been brought. We would analyse your case and advise on your best remedy.
How can we help you?
At Cartwright King we will review your circumstances carefully and ensure that you receive the essential, high quality legal advice and representation that our solicitors have to offer. We will assist you by:
- Finding all of the case’s circumstances
- Argue your case – using ‘special reasons’ in your defence if they are applicable
- Advise you throughout the entirety of the process
- Take the worry off your hands
- Represent you in court
Why Choose Us?
At Cartwright King, our solicitors understand the stress that appealing against a driving conviction can cause and the potential knock on effects that losing your licence can have on your family and your career. We are available to support you throughout the entire process, explaining the likely outcomes and fighting on your behalf.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Motoring team on email@example.com and we’ll get back to you as soon as possible.
Our Motoring Offences Solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham and Sheffield.