Appeal a 12 Point Totting Up Ban
Have you been banned for totting up and do any of these apply to you?
- You have been disqualified from driving for reaching 12 or more penalty points. If so, you can appeal to the Crown Court.
- The Magistrates Court disqualified you without your knowledge. If so, you may need to apply to the Magistrates' Court for your case to be re-opened or to swear a statutory declaration.
- You have not yet been disqualified, but have received a notice of proposed disqualification or a court date to consider disqualification. This is a first hearing rather than an appeal and you should seek advice now.
We can help you with any of the above. If you are not sure which category you fall into, please give us a call today.
There are strict time limits for appealing a decision, reopening cases or making statutory declarations, so please do not delay.
Appealing a 6 month driving ban
There are many factors to consider before appealing a decision of the Magistrates' Court.
You should be aware of the possible consequences of an unsuccessful appeal before embarking on one. Taking advice before proceeding with an appeal can save you money. If you lose your appeal, the court is likely to order you to pay further costs.
The Crown Court also has the power to increase the sentence if the judge deems appropriate.
Totting Up Appeal Time Limits
An appeal to the Crown Court of this type is technically an appeal against sentence. The time limit for lodging a Notice of Appeal is 21 days from the date of sentence.
If an appeal is made after this time, you will have to apply for leave to appeal out of time.
What happens at an Appeal Against Sentence in Exceptional Hardship Cases
An appeal would be by way of a rehearing at the Crown Court in front of a judge and two magistrates.
In the Crown Court, the procedure is slightly different and the setting more formal than in the Magistrates' Court. You would generally be required to give evidence in the witness box of your personal circumstances and the consequences of a disqualification.
After you have given your evidence, you or your solicitor will sum up the case and refer to any case law. It is a question of persuading the judge and two magistrates on the balance of probabilities that it would cause ‘exceptional hardship’ if you were disqualified from driving for 6 months. As in the Magistrates' Court, you would be asking them to use their discretion not to disqualify you or to disqualify for a shorter period.
What are the possible outcomes of a totting appeal?
If you do decide to appeal and the court finds exceptional hardship, it has a discretion to order that you are not disqualified from driving at all, or they could order you be disqualified for a shorter period than 6 months. The court could increase the fine imposed by the magistrates, but this is less likely.
We can make an application for a defence costs order to recoup some of your legal costs if you are successful. Normally the judge will not order it because allowing you to retain your licence can be viewed as an act of mercy.
Any points imposed on your licence would remain live for 3 years from the date of the offence.
If you are unsuccessful in the appeal, you may be liable to pay several hundred pounds' costs to the Crown Prosecution. The judge could increase the fine and could impose more than 6 months’ disqualification, but both are unlikely.
The one advantage of a 6-month disqualification is that all your current points will be wiped off your licence and when your licence is returned to you, it would be clean.
You would not be able to recoup any of your legal costs.
Get in touch today to see if we can help you. We advise that you do not proceed to an appeal without at least taking advice on the prospects of success.
If you would like to discuss your prospects, we offer a full consultation with specialist solicitors which is much cheaper than losing an appeal.
Call us today for more information.