I convicted a drink-driving offence - Failing to provide specimen for anaylsis on December 2006. I attended to court and got disqualified for a year. I knew I was stupid enough doing that and I now truly regret. However it is so inconvenient to live without a car as I need to commute everyday...
Recently I read things about 'Appeal after court' and 'Conditional Discharge'. Just wondering in this case can I make an appeal to The Court? and say instead of banned driving can I do any sort of community services/other things to reduce my ban or to a conditional discharge.
Please tell me how, many Thanks
2007-02-15 17:21:09 · 17 answers · asked by DH 1 in Politics & Government ➔ Law Enforcement & Police
YOU can appeal against both conviction and sentence, unless you pleaded guilty and then only your sentence, but beware as an appeal court can INCREASE your sentence.
2007-02-15 17:50:03 · answer #1 · answered by Anonymous · 3⤊ 1⤋
If you're in the UK, I'm afraid that you will not change your driving ban. Failing to provide is normally deemed more serious than being over the limit, so if you only got disqualified for a year, then you must've caught the magistrate on good day. Most convicted of drink driving where a specimen HAS been provided will get at least a year, but normally 18 months so you've got off lightly. I'm afraid the whole point of the ban is that it's supposed to be inconvenient - it's called a punishment. Again, count yourself lucky you still have a job. A lot of people can't keep theirs because of travelling, or they would normally have used a car in their line of work. You've only been without a vehicle for two months. If you think you regret it now, wait till you get to about 9 months time. By all means fight it if you wish, but believe me, not only will it be a waste of time and money, but you may even have your ban extended if the next magistrate/judge believes you were dealt with far to leniently in the first place.
2007-02-17 03:53:00 · answer #2 · answered by ragill_s1849 3 · 1⤊ 0⤋
You cannot trade sentences. You can appeal but you have to have a very good reason why you still need to drive and why after you have failed to give a sample they should show leniency. I worked as an usher in a magistrates court and saw quite a few of these appeals some were successful but many were not.You need to see a solicitor to state the case for you and tell the Mags how sorry you are ,having said that they have heard it all before.Try for a free consultation first off and good luck
2007-02-15 19:17:27 · answer #3 · answered by Kathy T 1 · 1⤊ 1⤋
You Know full well the consquences of Drink Driving -- You Did It ,, then further Insulted the Law by Failing to Provide Specimen --- You caused the Problem -- Putting other folk at Risk - so Stop Whingning , take your Punishment ,, Get over it and avoid Drink Driving in the Future ---- For Ever
2007-02-16 01:12:15 · answer #4 · answered by ? 5 · 3⤊ 0⤋
Driving under the influence is a serious offenses. Do you know how many people are killed each year by drunk drivers. You should be thankful that you did not kill someone. How about accepting your punishment and learn something from it. Looking for an easy way out is just what I would expect from a drunk.I hope you never have to wake up behind the wheel to find out that you killed someone.
2007-02-15 17:40:39 · answer #5 · answered by leaving.florida 3 · 6⤊ 0⤋
Y ou can appeal but it only reduces the ban in this case to six months.This is costly and has little success unless there are some very special circumstances.Very few get a reduction but if youre determined to try youll need a solicitor.
2007-02-15 19:52:06 · answer #6 · answered by frankturk50 6 · 0⤊ 2⤋
The punishment handed down was meant to inconvenience you, that was the point. I dont think you should appeal. I think you should take the punishment haded down with good grace. Rather than moaning about being inconvienced by having to obey the law. Deal with it.
2007-02-17 03:57:17 · answer #7 · answered by Jordan G 3 · 1⤊ 0⤋
If this in the UK, there is no chance. Disqualification is compulsory in cases of refusing to provide samples for analysis (DR30). You could have been imprisoned, so perhaps spend 12 months counting your blessings.
2007-02-15 17:32:35 · answer #8 · answered by hallam_blue 3 · 5⤊ 0⤋
we are sorry for you NOT, u knew it was wrong , so suffer like the others, what if you had killed someone ???, truly sorry just means you messed up. now you paying for it, or should we let everyone off, because 'they are sorry', nice try !, and no you will probably end up paying a large legal bill for zero, co's the won't reverse it
2007-02-16 03:19:09 · answer #9 · answered by david g 3 · 3⤊ 0⤋
Sorry, mate..Do ur sentence and be shamed..u r guilty and just take the punishment like a man not a coward
2007-02-15 19:19:41 · answer #10 · answered by Anonymous · 4⤊ 0⤋