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Motoring Law

Illegal Activities

Drink Driving

Driving Without Car Insurance

Drug Driving

Disabled Drivers

Mobile Phones and Driving

Motoring Offences and Special Circumstances

Breath Tests

Falling to Provide Breath Test

Careless Driving

Car Crime

Abandoned Cars and Nuisance Parking

Driving Whilst Disqualified

Abandoned Vehicles

Appealing in Motoring Offences

Law Enforcement

Fixed Penalty Notices

Disqualified From Driving

Wheel Clamping

Legal Issues on Speed Cameras

Speeding Tickets

Avoid Speeding Tickets

Making a Claim

Road Traffic Accident

Making a Motor Insurance Claim

Claiming Against the Fault Driver

Legislation

Motor Insurers Bureau

Motor Industry Code of Practice

VBRA Code of Practice

Scrappage Scheme

Diabetes Driving Laws

Disabled Drivers

Motoring Aboard

VAT When Buying Cars

What is a motoring offence?

A large percentage of the population currently have a UK driving licence, therefore a lot of motoring offences do get committed.

Some of the more common motoring offences are:

Penalties and convictions for motoring offences

There are now many different penalties which can be given to people when they are caught committing a driving offence, these include:

There are two types of fixed penalty:

With offences like drink driving, there are many different penalties depending on the severity of the incident. You can get points on your licence, be disqualified from driving, be fined, or even receive a prison sentence.

How to appeal against sentence for a motoring offence

Most of the successful defences to motoring charges are based on points of law or procedure rather than the actual evidence. The Human Rights Act guarantees a “right to a fair trial” and this is where much of the new power to motorists’ appealing sentences for driving offences comes from.

Most cases for driving offences will go through the Magistrates’ Court; if you are not satisfied with the outcome of the case then you do have the right of an appeal against conviction and or sentence to the Crown Court.

This kind of appeal is basically a re-trial where all evidence will be re-heard again and the case will be re-considered by a Crown Court Judge and two magistrates, neither of whom had any involvement with the initial hearing in the Magistrates’ Court.

When this kind of appeal happens, the Court starts completely from new so in effect they act as though the original Magistrates’ Court case never happened.  This can work for or against the person appealing as this does mean that the Crown Court can increase or decrease the sentence imposed by magistrates.

If you had been disqualified from driving a motor vehicle for a fixed period of time, it may be possible for this disqualification to be suspended pending appeal.

Another route of appeal which can be used is an appeal to the Administrative Court (High Court) by way of judicial review. This type of appeal is not a re-hearing but is decided on the basis that the Court has made an error of law which should be looked at being overturned.  This route is much more time consuming and complex and cases can take around 12 months to be heard.

If you wish to appeal against a sentence for a motoring offence it is always advisable to seek professional legal help.

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