Appeals & Applying For Licence After Ban
If you have already been convicted and want to look into appealing, whether it is an appeal against your conviction or sentence, let “Miss Justice” and her team ensure you don’t remain a victim of a miscarriage of justice! We find that wrongful convictions in the Magistrates’ Court are widespread but when a case is appealed with expert representation, it is highly likely that a conviction will be overturned.
In addition to regularly appealing against motoring convictions, we also win most appeals against sentence we get involved in. We have particular success in appealing totting up decisions that have gone against our clients and exceptional hardship arguments were not upheld (particularly where they represented themselves at the Magistrates' Court.)
Why Are Appeals Common In Motoring Cases?
So why is it likely that even though you have been convicted, we think you should have been found NOT GUILTY? If you’re innocent you should surely be found innocent? In an ideal world, where the law is interpreted correctly, yes. However, it is often the case that the technical issues in motoring cases are simply too complicated for many non-specialist lawyers to grasp, let alone the Magistrates deciding your fate.
Magistrates or Justices of the Peace (JPs) are volunteers from all walks of life EXCEPT THE LEGAL ARENA. They deal with around 95 per cent of criminal cases in England and Wales. They will almost always deal with lower level motoring offences in the Magistrates’ Court such as speeding and drink driving. However, they often do not possess the intricate legal knowledge to be able to fully understand the technical issues in motoring cases. It is no surprise that these well meaning volunteers often get it wrong. Take a look at the sorrowful tale of our client, Mr Wannell, on our blog, who despite overwhelming evidence to show the breath testing machine he had tried to blow into was faulty, making it impossible for him to blow into it, the Magistrates in Brighton ignored the evidence presented to them and convicted him. Thankfully we were successful when we appealed his case at Lewes Crown Court and we recovered 100% of his legal costs in the process.
Even if your case was heard before a District Judge, which can sometimes happen at Magistrates’ Court level, you may find that the judge was hell bent on convicting you despite a lack of admissible evidence against you.
Whilst we may be stating the obvious, we believe there is no point crying over spilt milk, you are where you are….let Geoffrey Miller Solicitors take you on the right road now and lead you to the appeal courts to overturn your conviction.
There are 3 main routes to appeal
Reopening the case at the Magistrates’ Court
If you have been convicted as a result of a mistake or you did not know about the case against you, we can arrange for the case to be reopened. This is not an appeal but using this method we can effectively start again and prepare the case for you. This is only worth doing if you actually want to defend the charge against you so even if you were convicted for something you knew nothing about, you may want to let the conviction stand if you would have accepted the penalty had you known about the case. (Most common in speed camera cases where you were not stopped by the police etc)
Crown Court Appeal
If you think the decision to convict you was because the Magistrates didn’t understand the facts of your case, you are best taking your appeal to the Crown Court where there will be a complete rehearing of your case.
High Court Appeal
There are 2 appeal routes to take your case to the High Court:
1. It is possible to judicially review a decision made at the Magistrates’ Court or at the Crown Court.
2. We can ask the High Court to consider an appeal on a specific point of law (Appeal By Way of Case stated) you feel the Magistrates got wrong.
If you are unsuccessful on appeal the penalty imposed can be increased, and you will have to pay the Court costs, which could be several thousand pounds.
The costs of an appeal will vary considerably depending on the offence type and route to appeal you wish to take. If selecting our cost effective "Finest Bronze Package", fees for the most simple of appeals will start at £3000 plus VAT and can range up to fees in double figures for High Court Appeals. It is best to discuss your case with us so we can give a more accurate fee estimate. If your appeal is upheld, you may be entitled to an order for a contribution for previous costs paid to a previous firm for the Magistrates’ Court case if paid for on a private basis. The level of reimbursement varies and this is best discussed with us when you get in touch.
Applying for Return of Licence Pending AppealOne of the factors that may influence your decision to appeal the conviction you received is that you have been disqualified from driving. Once a notice of appeal has been filed, we can also apply for your licence to be reinstated pending the outcome of the appeal. Such applications are almost always granted by the court unless they feel there is a medical reason why you should not be driving. If you wish for us to make an application for your licence to be reinstated whilst you await the outcome of your appeal. please let us know at the time of making your enquiry with us.
Because the clock is ticking and the time limit for appealing is a strict immovable deadline of 21 days from sentencing in most cases please contact us now for a no strings chat about how we could assist in mounting an appeal on your behalf as soon as possible.
Applying for Return of Licence Following a Driving Disqualification
Even though you may have been disqualified for a number of years following a motoring conviction it is possible to apply for the return of your licence early and Geoffrey Miller Solicitors can help you get your licence and your life back.
This application is unrelated to the application we make alongside an appeal. An application for the early reinstatement of your driving licence must be made to the court that imposed the original ban and they will consider the following criteria:
- The offender’s character and post-conviction conduct
- The nature of the offence for which he was convicted; and
- Any other circumstances of the case.
An application may only be made if:
- Two years have passed since disqualification of four years or less was ordered; or
- One half of the period of disqualification has passed, if four years to ten years disqualification was ordered;
- Or five years have passed in any other case.
Even if your application is refused, it is possible to renew the application after a period of three months from the date of refusal.
Geoffrey Miller Solicitors are happy to assist with such applications for a fixed fee the level of which is dependant on whether or not medical evidence is required. Please call or email us to seek further advice in relation to your own specific circumstances.
Not Sure What to Do?
Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. Whilst we do represent celebrities we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 085 2784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.
If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.
We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ref me” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.