How long do motoring convictions stay on record?

Criminal records relating to a motoring conviction are normally spent after five years, although details of certain offences, such as drink driving, remain on your driving licence and DVLA driving record for a much longer period.

Is driving ban a criminal record?

A driving ban itself is not a criminal conviction, but you could be banned from driving after receiving a motoring conviction.

Can a person appeal a sentence for a motoring offence?

If you feel the sentence or penalty for a motoring offence you have received is unfair or unjust you do have the right to lodge an appeal against your sentence. When you appeal the sentence from a Magistrates’ Court this is done through the Crown Court where a Crown Court Judge and two magistrates will hear your case again.

Can You appeal a driving conviction in Magistrates Court?

Although the article is written for motoring offences the rules apply to any other Magistrates’ Court case. You might not agree that you should have been convicted, or you think that the fine, penalty points, disqualification or other sentence are too harsh.

What happens if you appeal against a conviction?

An appeal against a conviction leads to a re-hearing of all the evidence in the case before a Judge and two Magistrates in the Crown Court. An appeal against sentence will result in the Judge looking at your case afresh and deciding on the appropriate sentence independently of the decision made in the lower Court.

How long does it take to appeal a driving disqualification?

If you have been disqualified from driving for speeding, because of high speed, then you may appeal against your disqualification to the Crown Court. You may appeal against your sentence by lodging an Appeal Notice within 21 days of the date of your sentence.

How to appeal against conviction for a motoring offence?

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.

How long does it take to appeal a driving conviction?

In some limited circumstances, the Magistrates’ Court may have made an error in law in convicting or sentencing you and you may appeal to the High Court. There is a strict 21-day time limit within which you can lodge your appeal which is why we would advise taking professional advice as soon as you receive your sentence.

What happens if you appeal a driving disqualification?

This can work for or against the person appealing as 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.

Can a person appeal against a not guilty verdict?

If you have entered a Not Guilty Plea and have been convicted of a motoring offence before the Magistrates’ Court after trial, then you may appeal your conviction to the Crown Court. You cannot generally appeal your conviction to the Crown Court if you have entered a Guilty Plea, however you may do so in certain limited circumstances.