How do I appeal a 6 month driving ban?

Question

I recieved a 6 month ban on my driving licence today as a result of speeding, it totted up to 12 points but my offence was only 37 in a 30mph zone, apparently I didn't plead excessive hardship strongly enough although keeping my job is dependent on me keeping my licence, I don't think the magistrates ruling was fair - HELP!!!

Answer 1

Been there and done that. Lost license for 5 years for multiple DUIs and speeding and reckless driving when i was young. I deserved everything i got..including jail time. Learned my lesson.

Answer 2

Your ban was for the total points you recieved. You knew from when you got your license that 12 points and you'll get a ban. 12 points is about 4 speeding offenses, depending on the seriousness ie 70 in a 30 limit is going to earn you more than 3 points. (actually that would be a completely different offense all together but thats not the point!) I struggle to see how people manage to get 12 points, or how they can afford to keep disregarding the speed limits. Getting caught for speeding is about £60- £80 fine each time, i think its different depending on the region.

Though since the question is not whether i think its fair or not, to appeal from the magistrates court you will need to make an application to take your case to the crown court (or to have it heard by a district judge rather than lay magistrates) the courts will have all the necesary application forms. Id advise just going to a district judge because the CC court costs would be phenominal. So yea, appeal, its all just a bit of paper pushing really.

Do i think you will win the appeal? No i dont. District judges are generally more hard arsed than magistrates because they decide cases on law, as they are professional judges, rather than just normal people.

(Anyway you'll be best advised to consult a soliciter first, and its important that you understand that i am not giving you professional advise, i am just a student)

Answer 3

Although I am sure you know what you did was wrong I do feel sorry for you. I see people on the roads in liverpool, uk doing over 90mph on 20mph roads and other people go through traffic lights, have been flashed but for some reason no points.

I do think the whole speeding camera thing has gone totally off the tangent.
A really close friend of mine had been done for speeding a few times and each time it was the same few mph over the limit.

But he was a doctor and he showed the judge how 3rd parties would affect his situation if he was banned. He got statements from who he worked with expressing the importance of his car - the statements were from coroners etc so it was from a reliable and impressive source. he also formulated his typical week which showed how much he needed for his car and his support. if you have kids then you can use this as a good source for hardship.

good luck but try and keep your eye out for the signs. or also you could revise the highway code.

Answer 4

How Did You Get All Your Other Points,They Have Not Banned You Just For That Offence Of 37 In A 30mph ,
It's A Combination Of All Your Points,

Answer 5

Only 37 in 30mph zone is still fast enough to kill a child. you should have thought of the consequences before speeding. If you've got 12 points on your licence this obviously was not your first offence. Sorry but I have no sympathy for people who speed.

Answer 6

Well, if your job is on public transportation line (if it's in your city), I suggest you take it or have your attorney appeal the driving ban and try getting it reduced to the only places you drive are to and from work and to medical appointments. If you get caught driving while the ban is in place, that's additional points or whatever they call it in your state and possibly jail time or probation. See if there is a car pool or van pool in your area, take the bus or train --if available. Don't put your job as well as your FREEDOM in jeopardy. Judges can be fierce and throw the book at you --especially if they get up on the wrong side of the bed. Take it from a former police officer, I've seen these guys in action and tey don't play.

Answer 7

Get a lawyer and fast, you need legakl reprensentation to overturn a sentence as i believe you need rights of audience to do so (which only those that have been called to the bar have).

Also there is a timelimit on how long after sentence you can appeal.

It may cost you a couple of hundred quid, but it is better than losing your licence, there are no garuntees that this will work though.

I'm also assuming that you represented yourself, never, ever ever represent yourself in court.

Answer 8

I agree with the ban. Were you on your mobile at the same time as you got caught? Regardless you've been driving irresponsibly for some time, so do the time. And SAPPHYRE you deserve the same sentence as the person you know is driving with a 10 year ban. I'd say you're aiding and abetting to all intents. You should be informing on this criminal.

Answer 9

Its irrelevant what speed you were doing, you were caught speeding, simple and from what you have said its not the first motoring offence! Take the punishment as you have done the crime, you have been caught speeding, speed kills, have you not seen the adverts? They are not just time fillers between programmes, they are there to educate you, don't speed, do you ban and live with it, and don't forget, you will have nice insurance premiums to find when you do get it back, that's if anyone will insure you following a ban!

Answer 10

you have to prove exceptional hardship, since appeals deal with points of law only, you are trying to change the punishment. You my friend need to get your case reheard, get to a solicitor to see the options. Magistrates are case hardened, you were aware of your points so its hardly unfair is it.

Try for a hearing infront of a district judge, i am surprised they did not send you a speed awareness course, rather than banning you.