Motoring Offence Appeal
For a start let us take a look at what a motoring offense is as certainly not many people are aware of it, due to the legalities and for the fact that it Is not something that we deal with on a daily basis. The consequences of a driving conviction can certainly cause negatively impact in one’s life and if one feels that the conviction is not justified or if the penalty is too severe then one certainly has the right to appeal against the motoring offense.
Every country has different motoring rules and regulations. However, if one were to take a look at it generically then depending on the type of offense it is considered to be either as an indictable offense (These are more serious) or hybrid offenses. What the latter basically means is that these can fall into two categories summary offenses or proceed to be indictable.
Does being convicted mean that one might have a criminal record?
Well, unfortunately, the answer is yes. If the court deems such a conviction then there will be a criminal record that goes on to the convict’s file. And this applies to all sentences that are available to the court, that are imposed by the court, if not all, then the motoring convictions.
One can at least rest in peace that, unlike some serious crimes, a criminal record for a motoring conviction does not stay for life. It eventually becomes spent’. What this means is that one need not declare it when applying for a job or mention it to Insurance companies. Apart from certain offenses, such as drunk driving that remains on the driving license record normally motoring convictions are spent after five years.
After understanding this one needs to take a look at the possibilities of when exactly one can appeal against a motoring offense?
If one is sentenced or convicted for a motoring offense then one has up to 21 days to lodge an appeal from the official date of the sentence. However, there are situations when one may be allowed to appeal out of that stipulated time.
There are many ways of appealing against a motoring offense, these include –
- Statutory Declaration – In this case, if one has been prosecuted or convicted being unaware of the proceedings and it was done in absence then in such a case one has the right to a statutory declaration which in turn will automatically cancel it out. After this is done the court process to commences from the start giving the person in question the opportunity to make a case or to appeal.
- An application to Re-Open –This happens when for whatever good reason one is unable to attend the sentence or conviction that took place in the Court, or if an error was made because the court did not have important information, then in such an instance one many be able to make an application to be re-opened and challenge the original decision.
- Appeal to the Crown Court – One can appeal to the Crown Court against the sentence or conviction after being sentenced in Court. Then what transpires is that the Crown Court rehears the whole case and can reach a different finding.
- Appeal to the High Court –A case can be referred to the High Court in certain cases where the court has made a legal error and requesting to State a case’ for review.
Driving Appeals – Sentences
If one chooses to appeal against a sentence that has been imposed then one can appeal against that sentence and not the conviction. For instance – One might appeal because one feels that their disqualification was for too long. After this has been done the Crown Court will take this into consideration and will either increase or reduce the sentence.
Driving Appeals – Convictions
A full re-trial of one’s case can take place at a Crown Court if one chooses to appeal against a conviction. It is then heard by a Crown Court Judge along with two other who were not involved in the original case.
Are there any risks of appealing?
There is always a risk factor involved when one appeal. Either the sentence can be reduced or an effective increase.