Can I Appeal a Three-Point Motoring Offence?
If you have attempted to challenge a minor driving offence and you disagree with the court's decision, you may be able to appeal it. However, if you have already accepted the conviction, either because you pleaded guilty or accepted your charges following a dispute, you will not be able to go back on your decision and attempt to appeal it. You may be able to appeal your sentence; however, presenting the chance of it being reduced. Regardless, if you made a guilty plea, you will still be sentenced.
It is essential to understand every option available to you when faced with a motoring offence; even minor offences can carry significant repercussions, especially if it pushes you to the12-point limit or over.
In the following guide, the expert motoring offence solicitors at JMW explain whether you may be able to appeal a minor motoring offence conviction and how to go about doing so.
How do appeals work?
Most motoring offences are dealt with by the Magistrates’ Court, but you may be able to make an appeal to the Crown Court judge if you believe your case was not handled in the right way and disagree with the Magistrates’ Court's decision. This is a right that everyone holds, provided you have not already agreed to accept the charges, in line with the Human Rights Act 1998.
After you make your appeal, the Crown Court will review all of the evidence and arguments of the alleged offence provided, and assess the conduct of the prosecutors - this process can take over a year to resolve. During this time, a driving ban that you have been subjected to may be frozen. Following this, the Crown Court will make a final decision on whether your charges are fair, and may either reduce or remove them, impose them or even increase them.
Appealing to the Crown Court is not a simple process, and even then, it is not guaranteed that your driving conviction will be lifted - it may work against you, leaving you with more serious penalties. Therefore, it is essential that you seek professional legal help from a solicitor before making the decision to appeal a motoring conviction.
What are the different types of motoring offences?
Minor motoring offences include those that generally come with less serious penalties and are served via a Fixed Penalty Notice (FPN). These include, but are not limited to:
- Careless driving
- Using a mobile phone while driving
- Exceeding speed limits
In some cases, experienced motoring offence solicitors will advise you not to bother appealing a minor motoring offence court decision unless there is a very high chance of your penalties being reduced or removed. This is because the risk of making an appeal may outweigh the penalties that you would otherwise receive if you simply accepted your charges. However, for more serious offences, where you may be facing a prison sentence or the removal of your driving licence, your solicitor may advise you to take this route.
Serious motoring offences are those such as:
- Dangerous driving
- Drink driving
- Failing to stop and report an accident
Am I eligible to appeal a decision by the Magistrates’ Court?
While it is a right to appeal a Magistrates’ Court decision, you will need to have good reason to do so, otherwise your appeal will be dismissed and you may be penalised for wasting the Crown Court's time.
The most common reasons for appealing a court decision include:
- You were not present at the court hearing where the decision was made
- An error was made by the prosecutors or court
- You were not told about your offence
- Your penalty is excessive relative to your offence
You must make your appeal within 15 business days of the court making its decision.
Your success will then depend on how valid your claim is, and the result is mostly out of your hands.
Should I make an appeal?
You should also ask the question of whether making an appeal to the court is worth it. Even if you have concerns about how your case was handled, making an appeal carries the risk of having your sentence increased if it is not successful, and the Crown Court may order that you pay the prosecution's costs. For motoring offences, the prosecution is usually the police so it is likely you will not have to worry about these added costs. Your solicitor will advise you on the risks you run when deciding to make an appeal, and will help you to choose the best course of action.
What is the process of appealing a Magistrates’ Court decision?
To start your appeal, you will need to request an appeal form from the court, rather than the police. Your solicitor will be able to help you request the form and fill it out, ensuring that all the necessary details are included. You will then need to submit it to the court.
The court will review your appeal and you will receive notice of the result by post or a phone call.
Your appeal is your chance to have your sentence reviewed - after the Crown Court has considered your appeal, its ruling will be the final decision and you will be required to comply with the law following its decision, regardless of whether you agree with it or not.
For more information about making an appeal to the Crown Court regarding a motoring offence that you are being prosecuted for, speak to our team of driving offences experts today. Call JMW Solicitors on 0345 872 6666, or fill out an online contact form to arrange a time for us to call you back.