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How To Appeal A Totting Up Ban

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Being banned from driving for speeding should never be the end of you. There are people who feel that such punishment is very severe. At this time, you should be careful not to make a mistake of driving even if you feel the disqualification was somehow unfair. You need to take the legally approved way to try at least to have the disqualification suspended as you find ways on how to appeal a totting up ban.

Take time to look for a reliable speeding lawyer who will assist you to go through the proper channels. Take into consideration the 21 days limit offered for lodging an appeal. Appealing is the best way to have a great chance of winning a totting up ban.

Mostly, totting up ban are handed in the Magistrates Court and if this is the same for your case, your lawyer will help you to make an appeal to the Crown Court. This will then follow up a hearing by a judge, who will review the merits of the case. Eventually, the judge can make a decision. The unfortunate that can happen is if the judge upholds the original decision by the Magistrates Court.

A better decision is when the judge sends the case back to the Magistrates Court for it to be re-heard. The best decision is when the judge rescinds the case there and then. You should find an excellent speeding lawyer who can present well the details of your case and show unfairness. Your speeding lawyer can fight for your disqualification to be suspended while you await the Crown Court hearing.

For a suspension of the driving disqualification, you will need to apply immediately to the Magistrates Court. As your lawyer will advise, this is done as soon as the case of a totting ban is concluded or any other time before the Crown Court hearing. Note that you can drive only when the Magistrates grant your application. Your solicitor should help you know the court at which the application will be dealt with in the UK between District Court, Sheriff’s Court, Justice of the Peace Court and others.

Depending on whether you are guilty of the speeding offence that led to the penalty, your lawyer will guide you on what basis to appeal. You can appeal against the sentence if you feel it was too harsh for you if you pleaded guilty hoping for a lenient outcome. If you are not guilty of the offence, you can appeal for both the sentence and the conviction.

You can also ask for advice from your speeding solicitor to know how to appeal a totting up ban if you were convicted in your absence. Mostly, lawyers advise you to request a re-hearing of the case. With proper explanation, the court can have the case relisted. You might have a shot here without even going through an appeal.

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