Driving after consuming excessive alcohol is considered a serious criminal offence, often resulting in an instant driving ban. While this punishment is intended to protect the public, there are cases where the outcome may seem unjust or overly harsh. A driving ban can significantly impact your life, including your work, family, and daily activities. If you believe that the court’s decision was too severe or that you were wrongly convicted, you have the right to appeal the driving ban.
The appeal process is complicated and involves an appeal hearing at the magistrates court or crown court depending on the driving offence.
In this article we will cover the steps, grounds and outcomes of appealing a driving ban and how to gather evidence to support your case.
Reasons to appeal a driving ban
A driving ban can be for various reasons including penalty points accumulation (known as a totting up ban), dangerous driving, careless driving and other criminal offences.
An appeal can be successful if you have a valid reason or evidence that the driving ban was unfair or if new circumstances have arisen since the original case.
Here are some common grounds to appeal:
- Exceptional Hardship: The court may reconsider the disqualification if you can show that it would cause exceptional hardship. For example if the driving ban would cause financial hardship, affect your job or affect family responsibilities these can be grounds to appeal.
- Wrongly Convicted: If you were found guilty or pleaded guilty under circumstances that were unclear or unfair you may be able to appeal. In this case you will need to show that the original court hearing did not consider all the evidence or that there were errors in the trial.
- Unjust Sentence: If the sentence or disqualification period is longer than you thought was fair for the offence an appeal could reduce the sentence. For example if you got a longer disqualification than average for a driving offence you could appeal on the basis of other similar cases and sentences.
- Change in Circumstances: If your personal circumstances have changed significantly since the ban was imposed such as new financial responsibilities or health issues you may be able to appeal on the basis of changed circumstances.
The Appeal Process
The appeal process starts with filing an appeal notice within a certain time frame (usually 21 days) from the court’s decision. The process may involve one or more court hearings where a judge will look at the original decision, evidence and your grounds for appeal.
- Gather Evidence: Collect evidence to support your grounds for appeal. This can be financial records to prove hardship, employment letters, medical certificates or other documentation to back up your claim.
- Prepare for the Hearing: Whether it’s a magistrates court or crown court hearing prepare your case. Courts expect clarity and valid reasons so prepare to explain why the original decision should be reconsidered.
- Attend the Hearing: At the appeal hearing the judge will look at the original decision, hear your case and consider any new evidence you present. You’ll need to argue why the driving disqualification should be overturned, reduced or amended which often requires a strong argument with concrete evidence.
Legal Representation
The appeals process can be complicated and having representation from an experienced motoring solicitor can be very helpful. #1 Motoring Solicitors are specialists in challenging driving bans and have dealt with many cases from dangerous driving convictions to exceptional hardship pleas. A good solicitor can help you structure your case, gather the right evidence and present your case to the court. Their knowledge of the law and past cases can increase the chances of a successful appeal.
Appeal Outcomes
After the magistrates court hearing has considered your appeal there are several possible outcomes:
- Reduction of the Disqualification: The court may reduce the ban if they accept your arguments.
- Full Overturn of the Ban: If the court agree with your grounds for appeal they may lift the ban altogether and you can get your licence back.
- Original Decision Stands: The court may decide the original sentence was correct and the disqualification period remains the same.
Building a Strong Appeal
When appealing focus on presenting evidence and a good legal argument.
Here are the key points:
- Hardship: If the ban is having a significant impact on your life, family or job provide detailed evidence such as financial statements and employer letters to back up your claims.
- Injustice or Errors in Original Case: Show any flaws or unfairness in the original decision especially if you were wrongly convicted or the evidence was unclear.
- Get Legal Advice: A solicitor experienced in driving bans and motoring offences can help your case by making sure you meet all the legal requirements and court expectations.
Driving Ban Appeal FAQs
1. Can I appeal if I pleaded guilty? Yes, even if you pleaded guilty you can appeal if you think the sentence was too harsh or there was an error in the way your case was handled.
2. How long do I have to appeal? Usually you have 21 days from the original decision to appeal. Get a solicitor straight away to make sure you meet this deadline.
3. Can I appeal a totting up ban? Yes, especially if you can show the ban would cause exceptional hardship to your job or family circumstances.
4. What if my appeal is unsuccessful? If your appeal is unsuccessful the disqualification period remains as per the original decision. Speak to your solicitor about further options as some cases may be eligible for further appeals or reviews.
Conclusion
Appealing a ban can be a key step in getting your driving licence back and minimising the disruption to your life. Success requires a good appeal, strong evidence and ideally expert legal representation.
Motoring solicitors, especially those with a good reputation like #1 Motoring Solicitors can help you through the appeals process. Act quickly, understand your rights and gather the necessary evidence for the best chance of success.
