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What is a Drink Driving Appeal?

If you have been found guilty of a drink driving offense, is your conviction the end of the story? Do you need to accept it and move on?  Perhaps – but perhaps you have legal standing for an appeal. Under certain circumstances, you can appeal your conviction and/or your sentence. What do you need to know if you are facing stiff penalties for drink driving?

You are entitled to file for an appeal if you feel your punishment was too severe, given the charge, or that you were convicted unfairly. This must be done within 21 days of your hearing. On what grounds can you appeal? Say that the maximum penalty was imposed on you by a magistrate, but you had no prior drink driving offences – or any other criminal charges on your record. You may appeal for leniency.

Another example: the police have taken a blood sample from you. They did not follow proper chains of evidence, and the audit trail is insufficient. There is no way to testify that the blood was handled properly. As a result, your conviction may be overturned due to lack of evidence.

Drink driving cases are typically heard by magistrates, who are not experts in the law. Mistakes and errors can occur, intentionally or otherwise. If you were handed a conviction you feel was improper, you can appeal it in Crown Court. If you have been banned from driving, you may be able to have your license returned while this Court is hearing your case.

A solicitor specialising in drink driving offenses can help you navigate your appeal. Do you have grounds? What are the next steps? What outcome can you realistically hope for? A conviction can affect your life, and finances, for years. Seek legal help to see if you can mitigate or eliminate the negative consequences. 

16/11/2015 11:51