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.
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
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.