Licences
Author
Discussion

AdamS

Original Poster:

98 posts

285 months

Thursday 5th July 2007
quotequote all
Theoretical questions...

A colleague of mine not resident in the UK is banned under totting up on the basis of a pseudo licence established by DVLA as she doesnt have a UK licence. Licence provided in court is US licnece and retained.

Also has another licence for a different territory in a slightly differnt name. Can they drive under that one in the UK?

Also at hearing for ban court was a shambles lost file found file. their file disagreed with DVLA records provided to defendant. She had been signing or having PA sign NIPs without investigating who driving on basi of misapprehensuon couldne be banned as no UK licence. Can there be an appeal on absis convioction unsafe as 1. DVla records inconsistent and 2. there can be no certainty she was driving even though signed NIP, whether personally or by pA?

vonhosen

40,597 posts

248 months

Thursday 5th July 2007
quotequote all
If you are banned from driving in the UK you are banned from driving in the UK, how many licences you have & where they are from doesn't matter.

Dwight VanDriver

6,583 posts

275 months

Thursday 5th July 2007
quotequote all
Within 21 days of the verdict she can appeal to Crown Court.

If she pleaded 'Guilty' against the sentence.

If she pleaded 'Not Guilty' against the conviction and sentence.

Best done through a Solicitor.

Speak to the Magistrates Courts Office of the Court concerned for more information.

dvd

KenP

654 posts

279 months

Thursday 5th July 2007
quotequote all
Dwight VanDriver said:
Within 21 days of the verdict she can appeal to Crown Court.

If she pleaded 'Guilty' against the sentence.

If she pleaded 'Not Guilty' against the conviction and sentence.

Best done through a Solicitor.

Speak to the Magistrates Courts Office of the Court concerned for more information.

dvd
You can also appeal against conviction after pleading guilty.

SS2.

14,712 posts

269 months

Thursday 5th July 2007
quotequote all
KenP said:
You can also appeal against conviction after pleading guilty.
You sure about that ?

Its my understanding that if you entered a guilty plea you can only appeal the sentence, not the conviction itself.

Edited by SS2. on Thursday 5th July 09:33

Dwight VanDriver

6,583 posts

275 months

Thursday 5th July 2007
quotequote all
KenP said:
You can also appeal against conviction after pleading guilty.??????

Section 108 Magistrates Courts Act 1980 ???????

unless you talking about a conviction as conditional or absolute discharge, or

are you refering to application to have a case stated, or

Is Stones Justices'Manual wrong???

dvd