Appeal A Driving Ban

If you have been convicted and wish to challenge to a decision of a judge in court, you can appeal the decision of the judge in your case.  There are strict time limits for this.  We would advise seeking legal assistance as a matter of urgency.

If you would like to challenge a Fixed Penalty Notice, or fight a case in court, we can advise you on how best to do this.

If you have been banned for a year or more and your circumstances have changed, we can help you  remove the disqualification to shorten the ban.

Appeal a Driving Ban: Reasons

There are many bases for an appeal.  It may be that the judge has got the law wrong, or has applied the wrong procedure to a case.  It may be that certain matters have been considered which should have been excluded, or certain facts ignored when they were relevant.  Depending on the type of challenge, there are different time limits.  The most common time limit to appeal a driving ban is 7 days from the date of conviction.  As a rule, it is best to seek legal advice as soon as possible after conviction to find out if there are good grounds for an appeal, and what the time limits are.

Appeal A Driving Ban in the Court of Appeal

The Court of Appeal is the most senior court in Scotland for Criminal matters.  It is located in Edinburgh.  The Court of Appeal hears cases from across Scotland, from all criminal courts, including the Justice of the Peace Courts and Sheriff Courts. The Appeal Court sits from 10.30 am on weekdays.  The Court is located at the top of the Royal Mile, on the crossroads opposite the pub, Deacon Brodies.  This is where cases are heard for anyone wishing to appeal a driving ban.

Getting to the Court of Appeal

The Court is located at the top of Edinburgh’s Royal Mile.  It is a 10 minute, uphill walk from Waverley Station.  The area is well served by local buses and taxis.  On arrival, you enter through the main doors (behind the statue of David Hume on the Royal Mile) and pass through security.  Once through the metal detector, you will see the Reception desk on your right hand side.  You will be directed from there to the relevant courtroom for your appeal.

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How to Remove a Disqualification to get your licence back early

If the court has banned you for a driving offence, such as Drink Driving, it is possible to get your licence back by applying to the court to “Restore a Driving Licence After a Disqualification”.

Applicants must serve set periods of their disqualification before the application can be made.

(i) If the disqualification is for less than 4 years, the application can be made after two years.

(ii) If the disqualification is for four years (but less than 10) the application can be made after half the ban has been served.

(iii) In all other cases, the application can be made after 5 years.

If you would like detailed advice on how to make the application, please be in touch.