Appeal Driving Ban
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Appealing Driving Convictions
In most cases, you have the right to appeal a conviction made by UK courts, and this is certainly the case if you have been found guilty of a motoring offence. Whether you believe that you received poor quality legal representation during the first case, you represented yourself, or there was a genuine reason that you were unaware of the hearing in the first place, it may be possible to have your conviction cancelled or the case re-opened.
If you had penalty points added to your licence, received a financial penalty, were given a custodial sentence, or received any other form of punishment, then appealing the decision and ensuring that you receive a fair hearing could help to have your penalty overturned and your conviction cancelled.
Typically, you have the option to appeal a verdict and punishment, or to just convict the sentence that you received. Which is the best option for you will depend on whether you pleaded guilty or not, and whether your solicitor believes that you can contest the original decision.
Appealing Guilty Pleas
If you originally pleaded guilty to the charges, and were subsequently found guilty, then you cannot appeal against the decision, but if you received a penalty that you believe was too harsh, then you could appeal against this decision with the aim of having it lessened. You should be aware that the Crown Court not only has the power to reduce a sentence, but they can uphold the original decision or even increase the penalty so that you receive a larger fine or sentence.
Appealing Not Guilty Pleas
If you pleaded not guilty during the original hearing, and you believe that the guilty verdict was incorrect, then you can appeal against the decision and the sentence. In this instance, the aim is usually to have the case acquitted, which means that you are found not guilty, but the courts have the power to uphold the original decision. They may also choose to lessen or increase the sentence that you received. You may also choose to appeal the sentence if you were found guilty during the original case.
Having A Case Reopened
If you did not appear at your original case, then there is still a chance of having your case heard with you in attendance. If you were unaware of the hearing, and are willing to sign a sworn declaration to that effect, then the original conviction can be cancelled and the case reopened. Even if you were aware of the court date, but were unable to attend, it may still be possible to have the case reopened in the interest of justice.
Most drivers accept speeding tickets without questioning them, and few will appeal a speeding case if they were found guilty in courts, but if this conviction leads to the addition of penalty points and you have amassed 12 points over a three year period, then you may be disqualified from driving. If you originally tried to argue that you would suffer exceptional hardship by being disqualified, and the courts disagreed, then you should be able to appeal this decision.