Reduction of Driving Disqualification on Appeal

driving licence

If you have just received a “totting” disqualification, having clocked up 12 or more penalty points, then the last thing you probably want to experience are more court proceedings and more lawyers! However, providing you do it within 21 days, then you have an automatic right of appeal to a Crown Court Judge sitting with two JP’s; who will have had no dealings with the matter in the Magistrates’ Court. For a client I represented in Birmingham Crown Court recently, one of the best decisions he ever made was to  to appeal the “totting” disqualification imposed previously by a District Judge sitting in Birmingham Magistrates’ Court. There he had been represented by a solicitor who subsequently briefed me. Though the same arguments were raised by me in the Crown Court, as had been put forward in the lower Court, nonetheless it was decided that, in view of the “exceptional hardship” which would be caused to my client, the 6-month ban should be reduced to 2 weeks. As my client had already been off the road for 2+ weeks, he was entitled to drive again immediately and, as a consequence, kept his job, home and, most importantly, was able to get on with his life!

The problem which he and so many other high mileage drivers face is that it is so very easy to pick up a speeding ticket, even if one is the safest driver on the road. If you find yourself in this position then, before anything else, you may think it best to speak to a motoring law specialist and remember, YOU’VE GOT TWO BITES AT THE CHERRY and that’s the law!