How does an appeal against a driving ban work?

How does an appeal against a driving ban work?

The appeals process starts when you file a claim with the Crown Court. The judge will then listen to your complaints about the situation and will decide to either uphold the original decision, rescind your driving ban completely or have the case sent back to the Magistrates’ Court for a new hearing.

What happens if I appeal my Driving disqualification?

If you have been disqualified from driving and wish to appeal this decision to the Crown Court, the court can also be asked to suspend your disqualification pending the hearing of your appeal. If granted this means that you will be able to continue driving up to your appeal date when a final decision will be made.

How long does it take to appeal a driving conviction?

Any appeal must be lodged within 21 days of the date of your sentence, although with good reason this time limit may be extended. Your appeal will then be heard as a complete rehearing of your case before a Crown Court Judge and two magistrates who had nothing to do with your earlier case.

What should I do if I win my driving ban?

Although you can lodge an appeal, the most prudent approach would be to ask for the case to be re–heard. If you explain to the Court that you were unaware of the original hearing date, the case will probably be relisted without you having to lodge and go through a formal appeal process. If I win my appeal will I get my costs back?

The appeals process starts when you file a claim with the Crown Court. The judge will then listen to your complaints about the situation and will decide to either uphold the original decision, rescind your driving ban completely or have the case sent back to the Magistrates’ Court for a new hearing.

How to appeal against conviction for a motoring offence?

If you had been disqualified from driving a motor vehicle for a fixed period of time, it may be possible for this disqualification to be suspended pending appeal. Another route of appeal which can be used is an appeal to the Administrative Court (High Court) by way of judicial review.

What happens if you appeal a driving disqualification?

This can work for or against the person appealing as the Crown Court can increase or decrease the sentence imposed by magistrates. If you had been disqualified from driving a motor vehicle for a fixed period of time, it may be possible for this disqualification to be suspended pending appeal.

In some limited circumstances, the Magistrates’ Court may have made an error in law in convicting or sentencing you and you may appeal to the High Court. There is a strict 21-day time limit within which you can lodge your appeal which is why we would advise taking professional advice as soon as you receive your sentence.