Driving Ban Appeals
Our specialist solicitors and Barristers are well experienced in fighting Driving Bans at Appeal
If you have recently received a Driving Ban or been convicted of a Motoring Offence and would like to know whether you should appeal against your disqualification or conviction, call our Specialist Driving Offence Solicitors on 0345 222 9955 or complete our Contact Form towards the bottom of this page and one of our lawyers will call you back to discuss the possible options and costs of lodging an appeal.
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Should You Appeal Your Driving Ban?
Whether it is worth appealing the decision of the Magistrates’ Court is based on the individual circumstances of the offence and the decision of the Court. There are certain cases where there is little benefit in appealing, and others where our lawyers may strongly recommend lodging an appeal. If you would like to know whether you should appeal, please call one of our specialist road traffic offence solicitors on 0345 222 9955 for a no-obligation initial telephone assessment of your case.
Our expert lawyers have on many occasions successfully argued Exceptional Hardship on appeal to the Crown Court which has resulted in the Crown Court overturning or substantially reducing the driving disqualification initially imposed by the Magistrates’ Court.
Driving Ban Appeals
If you have been convicted or sentenced for a Road Traffic Offence in the Magistrates’ Court, you have an automatic right to appeal to the Crown Court.
An appeal from the Magistrates’ Court to the Crown Court must be lodged within 21 days from the date of sentence or conviction. In very limited circumstances you may still be allowed to appeal outside the 21-day time limit however, you will require permission from the Court and they may wish to know why the appeal was not submitted within time.
Different Types of Appeals
The options available are based on the individual circumstances of the case. If you are considering taking expert legal representation to assist you in possibly avoiding a driving ban, call us on 0345 222 9955.
- Statutory Declaration: If you were prosecuted, convicted and sentenced by the Magistrates’ in your absence and were unaware that you faced prosecution for a Motoring Offence, the matter can be re-opened in the Magistrates’ Court via a Statutory Declaration. This is a sworn written statement declared to be true in the presence of an authorised witness which must be delivered to the Court within 21 days of the Court Hearing or within 21 days of knowing about the prosecution. If it is accepted by the Court the decision of the previous hearing will be set aside and the matter will be heard again. If you were convicted and disqualified at the previous hearing, you may still receive the same outcome as before, and for that reason it is vital that you attend Court with a Specialist Motoring Lawyer so that you have the best possible chance of avoiding a disqualification or penalty points.
- Re-Opening a Case in The Magistrates’ Court: Under Section 142 of the Magistrates’ Court Act 1980 a case can be re-open to rectify an error. This route may be used if you were unable to attend Court for a good reason or the Court made an error because they did not have certain evidence brought to their attention at the time, which may have changed the decision of the Court.
- Crown Court Appeal: Once you have been sentenced by the Magistrates’ Court you have a right to appeal to the Crown Court. If you pleaded guilty you can only appeal the sentence, the punishment imposed by the Court. If you were found guilty following trial, you can appeal against the conviction and sentence. The appeal must be submitted within 21 days of the date of sentence or conviction. On appeal, The Crown Court will hear all the evidence and can reach a different conclusion to that of the Magistrates’ Court.
Best Rated Driving Offence Solicitors
Our dedication towards providing a premium legal service to clients, combined with competitive fixed fees, practical legal advice and excellent communication with all our clients has resulted in Kang & Co Solicitors being recognised as the Best Rated Driving Offence Law Firm.
Due to our attention to detail, honest advice, experience, skill and genuine passion to obtain the best possible result for all our clients, we frequently receive positive feedback and 5-star reviews from clients on review platforms such as Trustpilot, Yell and Google Reviews.
Examples of Crown Court Appeals
Our lawyers are frequently appointed by clients Appealing Against Sentence and have on many occasions obtained successful results in the Crown Court. The most common types of cases where clients may wish to appeal include:
- Totting Up Driving Ban Appeal: Clients facing a penalty points disqualification will unwisely attend the Magistrates’ Court without expert legal representation and will attempt to put forward their own ‘Exceptional Hardship Application’ and because they do not have the required legal qualifications, training, skill or expertise these applications are likely to be unsuccessful, primarily because they have not been presented properly before the Court. We are regularly appointed in such circumstances to appeal to the Crown Court and have on many occasions successfully raised Exceptional Hardship which results in the driving ban imposed by the Magistrates’ Court being quashed.
- Lengthy Driving Ban: In certain cases, motorists charged with Drink Driving may attend Court and represent themselves which results in the Court imposing a lengthy disqualification. We have successfully appealed such cases resulting in a significantly shorter disqualification being imposed by the Crown Court.
“The legal advice received from Kang & Co Solicitors was excellent throughout the process. I was provided with expert advice from experienced solicitors which helped me greatly.
I chose Kang & Co Solicitors as they were the most established solicitors for dealing with motoring offences and I was very impressed with the feedback provided by previous clients and their general overall rating.
The preparation on my case was second to none, this began from the moment I contacted them, they were very proactive to look into my case ASAP.
The quality of representation in Court at Court was excellent, I was assigned with a Senior Barrister, and someone who had extensive experience in this field.
The outcome of your case 6 points, although I was expecting a ban as minimum.
Kang & Co Solicitors are very experienced and professionals in this field and I would not hesitate to use their services again.”
“I was summonsed for a speeding offence on the M6 toll were the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. Through their meticulous review of my circumstances, the detail they went into about the day of the offence, keeping me updated on each step of the process, the advice they gave me prior to my Court appearance through to representing me on my day in Court I couldn’t have asked for anymore. My outcome was positive, and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.”
Risks in Appealing
All defendants have the right to lodge an appeal however, you should initially speak with an expert before making a final decision. The desired purpose of an appeal is to obtain a ‘better result’ which can be achieved in certain cases however, the Court also has the power to increase the original sentence and there is a risk you could receive a more severe sentence than that imposed by the Magistrates’. Our lawyers are available to discuss the merits in appealing with you on the phone, please complete our Contact Form for a call back.
If you appoint us on your Appeal or Statutory Declaration Hearing our lawyers will review the individual circumstances of your case and will provide you with tailored legal advice combined with high quality legal representation in Court to give you the best chance of a successful outcome.
Defence Costs Order
If an appeal to the Crown Court is successful, the Court has the power to order a Defence Costs Order (DCO) which if granted is a contribution towards the cost of appointing expert legal representation at the appeal hearing therefore, the cost of appointing a lawyer may not be as much as you initially anticipated.
Suspension of Driving Ban Pending Appeal Hearing
If the Magistrates’ Court has imposed a disqualification and the appeal is in respect of the Driving Ban the Court if it thinks fit, pending the appeal can suspend the disqualification.
Fixed Fee Solicitors
As a Specialist Motoring Offence Law Firm, our solicitors and barristers can be appointed to appeal a driving ban on a fixed fee or hourly rate basis. Our fixed fees for appeals in the Crown Court start from £1,500+VAT (£1,800).
Our Fixed Fees include:
- Full Legal Advice
- Assessment of Case Papers
- 1 comprehensive Case Meeting at our offices / 1 comprehensive Telephone Meeting
- Drafting the Appeal Notice
- Corresponding with the Court / Prosecution
- Ongoing Experienced Legal Advice via telephone / e-mail
- Expert Legal Representation at the Appeal Hearing
- A Specialist Qualified Motoring Offence Solicitor / Barrister
- Our travelling expenses to attend Court
- Our travelling and waiting time at Court
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1000 + VAT
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
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