Have a Driving Ban can be really troublesome as it might leave you crippled and dependant on other means of transport for your daily needs. In the UK, a driving ban can be imposed on a person after he/she is convicted of a road traffic offense. The duration of the ban depends on the severity of the offense, and it might be imposed for the whole life as well. Appealing a driving ban becomes inevitable in such situations. Also, when the convicted party feels that the ban is not justified or it is too harsh, he can appeal to the Crown’s Court.
What exactly happens after you commit a road traffic offense?
If you are caught for a road traffic offense which might be dangerous or generous like over-speeding, not following traffic rules and signals etc. then you are very likely to be held in the Magistrate’s Court for your first trial. If you are found guilty, the Magistrate decides the ban along with the penalty, if required.
If you are of the opinion that the ban is undue or excessive, then you can file an appeal in the Crown’s court against the conviction or the sentence within 21 days of the Magistrate’s verdict. If a person decides on appealing in the Crown’s Court, he needs to notify the Magistrate’s court about it in 21 days. A copy of this Notice is sent to the Crown’s Court and the Court decides on a date for rehearing.
The whole case is considered from the top of the Crown’s Court in the presence of a Crown’s Judge and 2 Magistrates that are different from the ones who dealt with the case previously. Upon rehearing the case, the Judge announces his decision which might be in favour of your plea or not. If the judge finds the ban excessively harsh he might reduce the ban or even de-ban you, depending on your crime.
On the other hand, if the appeal is unsuccessful and the decision made by the Crown’s Court goes against you, it might cost you a fortune. It is also possible that the ban is increased. For this reason, it is very important for you to lodge an appeal against the conviction or sentence only after you are sure that your offense is not grave enough to receive the punishment.
It might be difficult for you to decide on appealing in the court or not, as it requires you to have sufficient knowledge about the road traffic rules and Laws. To avoid inordinate consequences of your appeal, it is always better to approach a good legal advisor. A legal advisor can guide you thoroughly throughout the procedure of appealing driving ban and help you get your Ban removed quickly. Therefore, always prefer to approach a legal advisor as soon as possible following the ban.