If you have been convicted of a motoring offence, you might feel that you have been hard done by, or that there are grounds to challenge the verdict. In this article, we ask whether you can appeal a driving conviction in the UK.
The short answer is that yes – in many cases, you would have the right to appeal a driving sentence.
What we will do in this mini guide is outline the appeal process and its strict rules. We will discuss how appeals work, the grounds required, and the risks involved.
Let’s start by looking at your options when going down the appeal route:
Ways to appeal a driving offence
There are several ways to appeal a motoring conviction. Which appeal options are open to you will depend on the circumstances of your case:
Appeal conviction
If you pleaded not guilty but were convicted in the Magistrates’ Court, you may appeal to the Crown Court.
Essentially, this will be a rehearing of the case in front of a judge and two magistrates.
The evidence will be reviewed again, witnesses can be recalled, and it will be up to the Crown Court to decide whether to uphold or overturn the original conviction.
Appeal sentence
If you plead guilty but believe the penalty imposed on you was too harsh, you can appeal the sentence alone. A higher court will review whether the punishment was appropriate.
The original penalty – be it a ban, penalty points or a fine – will be assessed to ensure it was fair.
Reopening the case
If you weren’t able to attend the original hearing and were convicted in your absence, you may be able to apply to have the case reopened in the Magistrates’ Court.
If the appeal is successful, the conviction could be set aside and the case reopened, giving you the chance to present your defence in person.
Grounds for appeal
We’ll now move on to the reasons you might appeal. In general, a driving conviction appeal will be based on specific legal grounds:
Legal or procedural errors
Mistakes made during the trial can open the door to an appeal. This may be a procedure being followed incorrectly, or the wrong application of a law.
Even if small errors are identified, there can be grounds to appeal.
New evidence
Sometimes, new evidence comes to light. This evidence may not have been available during the original hearing.
New evidence may justify an appeal if it is relevant and capable of influencing the case’s outcome.
Incorrect information
Factual errors identified in the prosecution process may be grounds for appealing a driving ban.
If you weren’t the driver at the time of the offence, there are clear grounds to appeal.
Another example is if the Notice of Intended Prosecution (NIP) – a communication that informs a potential defendant that they could be prosecuted for a driving offence – was incorrect or not sent within 14 days.
Mistaken identity
Drivers may be wrongly identified when a vehicle was stolen or cloned. If you can demonstrate that a vehicle has been wrongly linked to you, you may have strong grounds for challenging a conviction.
Important considerations
We will conclude with some important considerations before deciding to appeal. Be sure to bear in mind the following:
Time limits – in most cases, you have 21 days from the date of sentencing to file your appeal. Don’t miss this deadline, or this can make it harder to proceed with an appeal.
Increased penalty risk – consider the risk of a harsher outcome. If your appeal is unsuccessful, the court has the power to increase your original sentence to a more serious punishment, be that more points, a fine, or a ban.
Legal advice – legal arguments must be clear, well-supported, and properly presented. Seek professional legal advice to help you understand your chances of success and give yourself peace of mind that your case will be handled by trained legal professionals.
Driving laws are complex, and appealing a conviction involves strict rules and tight deadlines, as well as potential risks. It is always recommended to seek independent legal advice from experienced totting up solicitors such as Auriga Advocates before taking action. If you are considering an appeal, you can learn more about your options and the process here.