ChatterBank1 min ago
i was convicted in court driving ban 6 months
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i was convicted in court today got a driving ban 6 months the witness did not turn up in court and gave no evidence i am a disabled driver the car is vital to my life how do i appeal against the decision on the ban and the court decision how long does it take the magistrate to allow me to drive again once i have appealed against the ban and the court decision
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If the events referred to by Kempie are linked to this conviction then the evidence of the witness who failed to turn up was clearly not necessary to secure a conviction - there must have been other evidence.
But I suspect you do know this and were being economical with the facts.
Your disability is unfortunately immaterial to the case - lorry drivers who are convicted of drink-driving, for example, are also banned and cannot work whilst banned.
But I suspect you do know this and were being economical with the facts.
Your disability is unfortunately immaterial to the case - lorry drivers who are convicted of drink-driving, for example, are also banned and cannot work whilst banned.
You can obtain a form from the magistrates� court to appeal against conviction and/or sentence. It must be lodged with the Crown Court within 21 days of your conviction. The magistrates have no further say in this matter as they have made their decision.
Your appeal will be heard in the Crown Court by two magistrates (from a different Bench to the one that convicted you) and a Crown Court judge. Each of them will have an equal say in determining the outcome. In some areas appeals take up to three months to be heard and your driving disqualification remains in place in the meantime.
You should be aware that appeals against conviction should usually be on the basis of disputed facts or matters of law. Where motoring offences are concerned there is the additional matter of discretionary disqualification. If you were disqualified for a single offence you could argue that �special reasons� (surrounding the offence itself, not your personal circumstances) mean that you should not be disqualified. If you were disqualified for �totting up� of penalty points you can argue that �exceptional hardship� to you or others will ensue if you are disqualified. The appropriate one of these two should have been put before the magistrates following your initial conviction.
You will get a much harder time in the Crown Court than in the magistrates� court. You need to decide on what basis your appeal is to be launched and usually the idea that you simply do not like the magistrates� decision is insufficient.
Should your appeal be unsuccessful (or if you abandon it after lodging the form) you will have costs awarded against you in the region of �350 to �400.
I�m sure all your regular readers wish you every success in your latest venture.
Your appeal will be heard in the Crown Court by two magistrates (from a different Bench to the one that convicted you) and a Crown Court judge. Each of them will have an equal say in determining the outcome. In some areas appeals take up to three months to be heard and your driving disqualification remains in place in the meantime.
You should be aware that appeals against conviction should usually be on the basis of disputed facts or matters of law. Where motoring offences are concerned there is the additional matter of discretionary disqualification. If you were disqualified for a single offence you could argue that �special reasons� (surrounding the offence itself, not your personal circumstances) mean that you should not be disqualified. If you were disqualified for �totting up� of penalty points you can argue that �exceptional hardship� to you or others will ensue if you are disqualified. The appropriate one of these two should have been put before the magistrates following your initial conviction.
You will get a much harder time in the Crown Court than in the magistrates� court. You need to decide on what basis your appeal is to be launched and usually the idea that you simply do not like the magistrates� decision is insufficient.
Should your appeal be unsuccessful (or if you abandon it after lodging the form) you will have costs awarded against you in the region of �350 to �400.
I�m sure all your regular readers wish you every success in your latest venture.
lol thank you kempie, i needed a giggle.
it got really confusing. For a short period of time i thought he was parked outside a newsagents reading a paper with a female passenger in with him (wasnt it she that charged>?)
But now i can see that the trump card is obviously because raan is gay. Raan, get yourself a decent barrister and make sure you bring up the words Gay and Homophobic police at every opportunity. Also, call the telegraph!
it got really confusing. For a short period of time i thought he was parked outside a newsagents reading a paper with a female passenger in with him (wasnt it she that charged>?)
But now i can see that the trump card is obviously because raan is gay. Raan, get yourself a decent barrister and make sure you bring up the words Gay and Homophobic police at every opportunity. Also, call the telegraph!
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