Drink Driving - Appeal ?

Question

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

Answer 1

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.

Answer 2

if you get a 3 year ban you can appeal after 2 years, with a 1 years ban there is really no way around it, still you could appeal & go on the drink awareness course which I think is 70quid & go into court saying you will lose your job as you need your licence, taking in a note from your employer saying that they'll have to let you go if you cant drive. good luck! but hey your lucky you didn't get an 18 month ban for not giving a specimen of breath.
We all make mistakes & I hope you've learnt from this one.

Answer 3

Appeal is something folks do on the basis they are found guilty when they truly believe they are not.

In your case you obviously were guilty so the chance of you being allowed to appeal is slim or non existant, you really need to talk to a solicitor.

The auto sentance I believe is a ban so the court has no discretion to give you a lighter sentance, the court of appeal could how ever increase the length of your ban

Answer 4

There was a scheme going where u could take a test(Think you have 2 pay)to get your liscense back early.The laws are changing all the time & there was a big change in how they banned people about 6yrs ago.Go 2 a solicitor or the citizens advice bereau.U can usually get a free 1/2hr with a solicitor 4 a basic consultation & c what you can do 2 get ur liscense back early.The law takes in2 account things like needing 2 drive 4 work.See a solicitor 2 find out 4 definate what u can do 2 get ur liscense back early.Find out if u have 2 resit ur test aswell,i had 2 do this after being banned 4 drink driving.A friend of mine got banned(a shorter ban than mine)& had 2 take a medical b4 he could get his liscense back but he didnt have 2 re-sit like me so i think it depends on the time length of the ban & wether the court attached conditions (like medicals or retaking ur test).I rang DVLA up & asked & all they could say was that i didnt have a full liscense anymore & had 2 resit.See a solicitor coz there is diferent types of bans & schemes where u can get ur liscense early depending on wot conditions the court attached wen they banned u.

Answer 5

Apparently inconvenience is a valid reason to overturn
a drink driving conviction and if the magistrate/judge is in a good mood they wont even make you do "other things"
On a serious note, you are thicker than my nan's custard.

Answer 6

Just think how more inconvenient it would be be if you or someone else got crippled or worse, I'm sure if you really think about it seriously you will realise that you go off lightly.
Some people involved in an accident due to drunken drivers will never commute again.

Answer 7

No i dont think you will get very far now as your ban is only for a year.Had you offered to pay a fine at a higher price in court you would have had your ban reduced,even community service would have reduced the ban to 6 months but its too late now.The year will soon fly by and hopefully a lesson learned.

Answer 8

i think if you really regret what happened and you truly learned a lesson then yes you should appeal and let the courts know how you feel and that you don't mind doing any community service. its worth the effort you put in.

Answer 9

Just accept your punishment like every other loser in your position does. I wish you drunk drivers would be banned for life. I'm laughing now as I think how high your insurance bill is going to be when the year is up.

Answer 10

You may not realise it but you have been lucky, you get banned for a year if you fail a specimen analysis.

By not giving a specimen, you could have given them a reason for a longer ban. i.e. they think you are not just over the limit but have refused because you are massively over the limit.