Road Traffic Offence Appeals and Licence Revocation Appeals
If you have been convicted of a road traffic offence or had your licence revoked, it can have a substantial impact on your daily life and may even put your job in jeopardy. If you feel you have been wrongly convicted or your sentence is not within the legal guidelines, then you may be able to appeal. If your licence has been revoked and you do not believe there are grounds for this, then you can appeal for its reinstatement.
At Nelson Guest & Partners, we can offer you:
- A welcoming, understanding service from a team of road traffic offence appeals and licence revocation specialists
- Expert legal advice in respect of your options and the grounds for appeal
- Representation on appeal to put the strongest possible case on your behalf
- Clear information about our road traffic offence appeal and licence revocation appeal fees, so you have a clear idea of the costs involved
If you are convicted of a road traffic offence, you could receive an unlimited fine, a driving ban and even a prison sentence.
Appealing a road traffic conviction is possible against both the conviction and the sentence, and if you have been disqualified from driving, we may be able to ask for this to be suspended until the hearing of your appeal.
If your case was heard in the Magistrates’ Court, then you are automatically entitled to bring an appeal in the Crown Court, provided you did not plead guilty. If you pleaded guilty, then you can appeal against your sentence if it is unfair or unjust.
If your licence has been revoked by the DVLA, then you have the right of appeal to the Magistrates’ Court against this decision.
Talk to our road traffic offence appeals and licence revocation appeals solicitors in London
There is a strict 21-day time limit within which your appeal against a conviction should be made, unless the appeal is based on an error by the court, so it is important to speak to a road traffic offence appeals solicitor without delay.
Our team of experts in motoring offences appeals and licence revocations can work quickly to put together a strong case on your behalf and lodge an appeal. We understand how important your licence is to you, and we will do all we can to overturn any disqualification or reverse a decision to revoke it.
How our team can help appeal road traffic convictions and medical revocations
Our experts will go through your case with you and advise you of your options. At Nelson Guest, we have over 25 years’ experience in dealing with appeals, revocations and other driving matters, so we are able to offer you real expertise.
Appealing a driving conviction
Appeal to the Magistrates’ Court
If you believe that an error has been made in your case, we can ask the Magistrates’ Court to reopen the matter and hear it again. This is based on a rehearing being in the interests of justice. It is also possible to ask for a rehearing if the Magistrates Court convicted or sentenced you when you were not in attendance at the court because you did not receive a summons and were unaware of the case against you.
The Magistrates Court will look at the error that was made and make a decision as to whether it will rehear the case, including assessing whether there are any other routes of appeal open to you and whether a rehearing will impact anyone else who may be involved.
If your case was heard and you were sentenced in your absence because you did not receive a summons from the court, you can make a statutory declaration stating that you did not know anything about the case. There is a time limit for submitting a statutory declaration to the court of 21 days from the date when you find out about the case, although it may be possible to extend this.
We can draw up the statutory declaration on your behalf and arrange for it to be declared at court or in front of a solicitor and signed by you. The document will then be submitted to the Magistrates Court, and your conviction will be quashed, and the case will be relisted or put back into the system to be scheduled for a hearing.
Appeal to the Crown Court
If the penalty or sentence you have received from the Magistrates’ Court is unfair or unjust, you can appeal to the Crown Court. For example, you may feel that evidence was not included when it should have been or that evidence that was included should have been excluded. If new evidence has come to light, you could ask for that to be heard if it might make a difference to the outcome.
You may feel that the evidence of witnesses should not have been believed. You can also appeal if the law was wrongly interpreted by the court or if the trial process was not correctly followed.
We will put together a robust case setting out the grounds for your appeal. It is important that this is based on a solid legal argument. We will ensure that all relevant details are included and that you and your case are properly prepared for the appeal hearing.
The Crown Court will rehear the case, usually with a judge and two magistrates sitting. This will be different magistrates to the first hearing, and they will reach their own conclusion.
There is a risk that if your appeal should fail, your sentence could be increased, so it is always advisable to seek legal help from genuine road traffic appeals experts so that you have the best chance of success.
For more information, see appealing a driving conviction.
Appealing the medical revocation of a driving licence
The DVLA can revoke your driving licence if it believes that you have a relevant disability, which could be a physical or mental health condition or a drug or alcohol addiction. The authority is required to tell you why it has made this decision and when or if you can reapply for a licence.
We can examine your case for you and advise you of the best grounds for appealing a medical revocation. Your licence may have been revoked because of a disability that the DVLA considers may make your driving dangerous to the public or because a disability may become dangerous over time, a so-called ‘prospective disability’. It is often open to argument as to whether a condition prevents safe driving and whether your licence should be revoked because of a level of disability that has not yet been reached.
We can set out your options for you and, where necessary, call on an expert medical witness to prepare a report on your abilities.
For more information, see medical revocations appeals.
Our road traffic offence appeals and licence revocation appeals fees
We will conduct your road traffic offence appeal or licence revocation appeal on a fixed fee basis, meaning you will know exactly how much the costs will be from the start. The fee will cover all stages of the process, including our initial advice, preparation of your case and representation at court.
If you would like more information about our fees, and the work they cover, visit our road traffic offences fees page.
If you have any questions about fees or would like a quote, please get in touch for a confidential, no-obligation discussion with our road traffic appeals solicitors.