We are Specialist Solicitors in Appealing Motoring Convictions and Sentences
At Caddick Davies Solicitors we specialise in the representation of motorists who are Appealing a Driving Conviction or sentence imposed by the Magistrates Court for motoring offences, including speeding, drink driving, failing to provide driver information using a mobile phone and disqualification on the grounds of “totting up” (accumulating 12 or more points).
Appealing a Driving Conviction & Sentence is something we have successfully performed for many motorists, including successfully appealing against disqualification from driving.
If you are convicted and sentenced of an offence before the Magistrates’ Court there four possible avenues of challenge:
- Statutory Declaration – If you are convicted and sentenced in your absence and did not know about the proceedings you may swear a statutory declaration which will cancel the conviction and sentence. The proceedings will then be recommenced from the beginning and the conviction and sentence may be challenged
- Application to Re-Open – If you are convicted or sentenced in a Magistrates’ Court and you weren’t present or an error has been made, an application may be made to the court to set aside the conviction or sentence and to re-open the case. Again proceedings will continue and the conviction or sentence may then be challenged
- Appeal to the Crown Court – If you are convicted and sentenced before the Magistrates’ Court you have an automatic right of appeal to the Crown Court, who will re-hear your case and determine whether or not the decision or the magistrates was correct.
- Appeal to the High Court – In some limited circumstances the Magistrates’ Court may have made an error in law in convicting or sentencing you and you may appeal to the High Court.
Whether or not any of the above avenues of appeal are available in a case will be depend on the facts of the case and you should seek legal advice before making any appeal.
If you have been convicted or sentenced for a motoring offence and would like to appeal, please contact us for advice and a no obligation consultation on how we can help.
Below you will find helpful information on Motoring Appeals Law, How We Can Help and Commonly Asked Questions About Appealing Against Motoring Convictions and Sentence