Motorists who feel they have been wrongly convicted of a driving offence have 21 days in which to lodge an appeal to a higher court.
In some cases, a motorist may be able to appeal a road traffic conviction outside the 21-day limit – for example, if they are already serving the sentence in prison or there is evidence available, which was not presented at the original trial.
Appeals against road traffic convictions at a Crown Court for an indictable motoring offence would most likely involve a re-trial.
Alternatively, a motorist convicted of a driving offence could appeal against a sentence if it does not appear to be within sentencing guidelines.
Conviction for a road traffic offence at a Crown Court will involve a barrister – known as counsel – who can advise after the verdict on whether an appeal has a good chance of succeeding.
In cases where an appeal is made but is unsuccessful, it is possible that the prosecution – for example, the police or Crown Prosecution Service – might ask a driver to pay for their legal costs incurred during a re-trial.
This can be prohibitively expensive – and it is vital to take expert legal advice on making an appeal against a conviction for a motoring offence, rather than appear in court without legal representation.
In a successful appeal, it is usual for the motorist to claim their legal costs.
Duncan Lewis motoring offence solicitors can advise on the road traffic appeals process and help prepare the case for appeal and for any hearing.
Our experienced motoring law team will offer straightforward and honest advice on making an appeal against a road traffic conviction – and will explain counsel’s opinion to a client to make sure they are clear about the grounds for appeal and the appeals process.
In cases where an appeal will be heard in a Magistrates’ Court, one of our solicitor advocates with expertise in motoring offences and the appeals process will attend court to represent the appellant (the person appealing the conviction).
Duncan Lewis motoring offence solicitors can also advise on appeals against endorsements and disqualification, including reductions in the number of penalty points added to a licence, or the length of a driving ban.
Duncan Lewis represents clients at Police Stations, Magistrates’ Courts, Crown Courts, and at Appeal Courts such as the Court of Appeal.
Duncan Lewis' Crime Department has been recognised as a Top Tier and recommended criminal defence practice by Chambers UK 2018 and the Legal 500 2017 Edition – and has an exceptional track record in winning appeals against driving offence convictions, including car drivers, HGV drivers or other road users.
Duncan Lewis advises drivers who wish to appeal against a motoring offence conviction to get in touch as soon as possible.
The limit for appeal against a conviction for a driving offence is 21 days – although in some cases the limitation period for appealing a driving conviction may be waived – for example, if a driver is already in prison or awaiting sentencing.
Duncan Lewis motoring offence solicitors also regularly advise professional drivers, motorcyclists and cyclists on road traffic offences and appealing motoring convictions.
There are Duncan Lewis offices nationwide in England and Wales – and a criminal defence solicitor from Duncan Lewis can usually reach a client at a police station or court within 45 minutes.
Call Duncan Lewis motoring offence solicitors on 020 7923 4020 for expert legal advice on road traffic offences, including appealing a road traffic conviction.
For 24/7 help at a police station, call the Duncan Lewis Emergency Hotline on 0207 275 2036.