Banned from driving for 2 years can i appeal this?

[Clairemj]

yesterday I was banned from driving for 2 years along with a 4month month suspended sentance for 2 years and a �350 fine.
It wasnt for drink driving or anything like that, infact i wasnt even the one driving. My partner had taken my car on several occasions even though he wasnt insured or indeed had a license. When police had questioned him he told them that i had given him to permission to take the car, in order to save his own skin. Even though i have refuted this the court still banned me. I am now a single parent with three young children, and dont know how am i going to be able to manage without my license. Up until this i had held my license for 3 years and it was clean, i have never recieved a fine or penalty points.
Was this judgement harsh? is there anything I can do to sort this out? I have already sent away complaints to the police ombadsman but they have told me that it could take up to 18 months before any of the issues are resolved. my solicitor told me yesterday that appealing against that paticular judge wasnt such a good idea, can i request a different judge for the appeal?

[Doc_Spock]

There must be more to this.

How can you be banned if you were at home making the tea.

[gravthechav]

yes there must be more to this than what you have said.

I will go get the violin and you can start again?

[redcrx]

when your partner made this claim what did you say? Did you think he'd get away with it if you agreed he had your permission? or did you say he didnt have permission and that he'd "stolen" the car

[Ethel]

The penalty for permitting or allowing an uninsured person to drive your vehicle is harsh, as you have found out,

Your proper course of action would have been to telephone the police and report the vehicle as stolen each time your partner drove it.

This is an example where the vehicle owner believed the friend to be insured:
" I allowed a friend to drive my car believing they were insured when they were not, where do I stand?
You are guilty of the offence of permitting the vehicle to be used by an uninsured driver and face a licence endorsement of 6-8 points and a fine."

You knew your car was being driven by an uninsured, unlicensed driver and failed to report him to the police, or take steps to stop him.

As you failed to report the car as stolen the court has acted quite properly, the fine and ban are correct.

You can appeal but I don't expect it to do you any good.

[Clairemj]

no theres not really much more than that. Each time he was stopped it was in the middle of the night, so i really didnt know that he had the car. He told the police officers that i did know so as he was get a lighter sentance as he had lots of previous convictions. He did not want to be down with stealing the car or taking and driving away as he thought that was a more serious offence and would then give him prison time. The first time this happened, the police believed me and dropped the charges against me although it them happened twice after and they didnt, so i was charged with permitting an uninsured driver and permitting a disqualifed driver. I myself havnt been driving in over a year due to complications with my last pregnancy. I told the police that he had stolen the car.

[gravthechav]

I am playing the violin now. Carry on.

[Clairemj]

i only found out that he had the car when police came knocking on my door in the middle of the night and then i had to go and pick the car up from the police station.

[Clairemj]

your playing the violin, how nice of you! To mke fun of real peoples problems. I came on here for advice not sarcasm, if i wanted sarcasm i would speak to my ex. Who has put me in this mess.

[redcrx]

you were lucky the first time, why allow him to be able to do it again, perhaps hiding the keys or selling the car wouldve been a wise move in hindsight.

What did the police do when you did say it had been stolen?

[Ethel]

After the first time, I would have hid the keys.

[Clairemj]

Well selling the car wasnt really an option as i had just bought a new family car. I did try to hide the keys although it didnt work. When i told the police that he had taken the vehicle without my consent, they just said that we had been here before and it was his word against mine.

[Unsureme]

Ever thought of getting rid of your partner?!!

[jake-the-peg]

What exactly were you charged with?

Permitting someone to drive uninsured?

Or did you lie to the Police and get charged with attempting to obstruct the course of justice?

[Clairemj]

i ended things with him a while back. i was charged with permitting no insurance and permitting a disqualified driver. why would you say i was charged with anything else? how was i obstructing the course of justice?

[Clairemj]

well i hae a complaint in with the police and it is being investigated at present

[jake-the-peg]

It's just that I don't understand the suspended sentence.

the CPS guidelines say that permitting should be considerred as seriously as driving.

I would have expected the ban and/or a ton of points and the fine based on that but I don't understand the suspended sentence which is why I thought you must have been charged with something like attempting to pervert.

I'd seek a seperate legal opinion if I were you.

[Clairemj]

My solicitor had said there was possiblitly of a probation period. But when i went to court yesterday the jusge said at first 4 month custodial sentance, then he turned around to me and said that his back was up against the wall as far as me having children so he suspended it for two years. I though i would have recieved penalty points althought the judge who i was up in front of has a reputation for just sending defendants to prison

[Ethel]

Yes, if you had no children it would have been a prison sentence.

[voltr4m4x]

Clairmj.... anything you are writing on this particular post today could possibly be sub judice (if indeed you are considering an appeal) because everything that is on this Site can be seen and recorded. My advice (for what it is worth at this stage) is to terminate the post here and consult with your Solicitor as to the possibility of an appeal.

[jake-the-peg]

Clare I might be wrong here but I don't think Judges hear appeals against cases that they heard the first time around!

I'd get a different solicitor - this sounds very odd