Can I appeal over a ban length?

Convicted Driver Insurance

supersi_1980

New Member
Hello Newbie here!

I was convicted at the start of March for Drink Driving - the reading was 95mg.

Let me briefly explain the situation in which i was caught as it's not the usual pull over story etc. A couple of days into this year me and (the now ex) wife had been having really bad marriage problems. Ended up on a Saturday with her disappearing all day and me walking into town to the pub. Later on I had walked back home and a short while later she comes back too. She could tell I had been drinking and a massive row errupted.

Ended up with her calling her parents who turned up shouting the odds and her Dad grabbing me and pushing me about. To get out of there and to stop me lumping him one I stormed off and, without thinking about what I'd had to drink, drove off in the car.

I felt fine to drive and want to a mates to let the situation calm down. I think what had happended had sobered me up to the extent I'd forgotten all about being over the limit. A couple of hours later she texts me saying her folks had gone and asking me to come home to try and patch our marriage up. Anyway, off I drive the couple of miles back home and reverse park in our residents car park and walk to the front door.

The police then drive up the car park entrance and you can guess the rest. Turns out my (ex) Mrs had called them and once they were ready and waiting she had asked me to come home. The police even said to me they watched me drive up the road and park and would never have suspected me of being over the limit had they not been told.

I was given a 24 month ban and 80 hour community service. I've knocked the community service off already but the ban is really starting to become a problem as I've had to move out of our ex-home and further away from work (which I do need to travel for but am just about getting round this at the moment)

Is there grounds for appealing against the length of the ban considering the situation in which I was caught? I could cope with 12 months just about but 24 is impossible. Also is there any action I can take against my former wife for effectively enticing me to drive knowing I was over the limit?

Thanks for your time.
 
If I were you I would let sleeping dogs lie!
First of all there is a relatively strict 21 day time limit for appealing against your sentence and, based ont he fact you have had time to complete all the unpaid work, I assume that this time limit has long since expired. I think you would find it very difficult to persuade a Judge to allow you to appeal so far outside the time limit without an exceptional reason.

There is the ability to apply for the early return of your licence but
you can only do this if the ban that you receeived is for 3 years or more. Bans of less than 3 years cannot be reduced.

Sadly I do not beleive that there is much you can do.
 
Let sleeping dogs lie - Ahhh you know her then!!!!

I was more pre-occupied with my marriage break-up at the time I was banned and didn't realise there was a time limit on appealing. Is it possible now at this stage to have a check done on the police machine as I certainly didn't feel as drunk as blowing 95 would suggest.

Also, want sort of trouble would I be in if I carried on driving? I will lose my job if I can't.
 
TO start checking the reliability of the machine now would involve appealing against the conviction (assuming a Judge would allow you to do this so long after the time limit has expired, which is unlikely).

If you continued driving then this would be driving whilst disqualified, an offence that carries a further disqualification, up to 6 months in prison and would certainly prevent you from successfully applying for the early return of your licence, as you would be entitled to after 2 years of a 3 year ban. I would strognly advice you not to do it!
 
How do I start the process of appealing, because, as far as I am concerned the punishment here far outweighs the crime.
 
In order to appeal against your sentence you would need to lodge an appeal within 21 days of the sentence being passed. It is possible to request an extension but it would be at the Court's discretion as to whether a request would be successful.

If you want to appeal it is recommended that you obtain a written opinion as to whether you should in fact appeal and what is likely to happen if you do in fact appeal. If you wish to proceed without such advice it is in your interests to appoint a solicitor immediately.

We are able to represent you on a fixed fee basis and invite you to contact us by telephone if you are interested in proceeding.
 
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