extending a ban because of an appeal
Discussion
In 2006 I was banned from driving. I still do not believe i should have been banned and am currently filling complaints against the 5 filthy pigs who arrested me and lost me my license.
i thought my ban was coming to an end, so i called the dvla as i have changed address and wanted to find out how to get my license back. however, when i called the dvla they told me that because i appealed my ban another 2 months have been added to the ban.
when i did the ridiculous dde course they told me that i was entitled to get my license back on the original date, when i was in court for the appeal the judge said i would be entitled to get my license back on the original date.
Does anyone know why these 2 months have been added to my ban (it was a longer period of time from the ban to the appeal, that was approx 3 months), if it is lawful and if i can get these 2 months taken off again?
cheers
i thought my ban was coming to an end, so i called the dvla as i have changed address and wanted to find out how to get my license back. however, when i called the dvla they told me that because i appealed my ban another 2 months have been added to the ban.
when i did the ridiculous dde course they told me that i was entitled to get my license back on the original date, when i was in court for the appeal the judge said i would be entitled to get my license back on the original date.
Does anyone know why these 2 months have been added to my ban (it was a longer period of time from the ban to the appeal, that was approx 3 months), if it is lawful and if i can get these 2 months taken off again?
cheers
richburley, the appealent judge agreed with the judgement of the court below. So, no, he didnt increase the ban.
allaway, yep, 1 copper to tell me to drive home and 4 to wait for me to leave the station and arrest me on the road infront of the station
chrispy poker, dde- drink driver education
allaway, yep, 1 copper to tell me to drive home and 4 to wait for me to leave the station and arrest me on the road infront of the station
chrispy poker, dde- drink driver education
i cant really go into any details until the investigations have been concluded. Until i have the results of the investigation i can only speculate on the integrity of the officers involved and the motives of their actions.
all i need to know is whether anyone other than a judge can extend a sentence. I was banned from driving by the magistrates judge and the appellant judge upheld that decision (this means he did not adjust the sentence in any way, either increasing or decreasing the ban). If i was given a ban for 15 months from the date of the magistrates hearing how come i have to serve 17 months?
It would be easy to understand this if i had been given my license back after the magistrates hearing and was allowed to drive until the date of the appeal. However, thats not the case, i was given a ban by the magistrate and have not been allowed to drive since. Due to the fact i appealed i have been given an extra 2 months on my ban, how does that work?
all i need to know is whether anyone other than a judge can extend a sentence. I was banned from driving by the magistrates judge and the appellant judge upheld that decision (this means he did not adjust the sentence in any way, either increasing or decreasing the ban). If i was given a ban for 15 months from the date of the magistrates hearing how come i have to serve 17 months?
It would be easy to understand this if i had been given my license back after the magistrates hearing and was allowed to drive until the date of the appeal. However, thats not the case, i was given a ban by the magistrate and have not been allowed to drive since. Due to the fact i appealed i have been given an extra 2 months on my ban, how does that work?
jinked said:
i cant really go into any details until the investigations have been concluded. Until i have the results of the investigation i can only speculate on the integrity of the officers involved and the motives of their actions.
all i need to know is whether anyone other than a judge can extend a sentence. I was banned from driving by the magistrates judge and the appellant judge upheld that decision (this means he did not adjust the sentence in any way, either increasing or decreasing the ban). If i was given a ban for 15 months from the date of the magistrates hearing how come i have to serve 17 months?
It would be easy to understand this if i had been given my license back after the magistrates hearing and was allowed to drive until the date of the appeal. However, thats not the case, i was given a ban by the magistrate and have not been allowed to drive since. Due to the fact i appealed i have been given an extra 2 months on my ban, how does that work?
Sounds like you have a case. Maybe someone on Pepipoo could advise better.all i need to know is whether anyone other than a judge can extend a sentence. I was banned from driving by the magistrates judge and the appellant judge upheld that decision (this means he did not adjust the sentence in any way, either increasing or decreasing the ban). If i was given a ban for 15 months from the date of the magistrates hearing how come i have to serve 17 months?
It would be easy to understand this if i had been given my license back after the magistrates hearing and was allowed to drive until the date of the appeal. However, thats not the case, i was given a ban by the magistrate and have not been allowed to drive since. Due to the fact i appealed i have been given an extra 2 months on my ban, how does that work?
jinked said:
richburley, the appealent judge agreed with the judgement of the court below. So, no, he didnt increase the ban.
allaway, yep, 1 copper to tell me to drive home and 4 to wait for me to leave the station and arrest me on the road infront of the station
chrispy poker, dde- drink driver education
I asume you walked up to the police station, got drunk there, then they forced you into your car, which just happend to be in their carpark. allaway, yep, 1 copper to tell me to drive home and 4 to wait for me to leave the station and arrest me on the road infront of the station
chrispy poker, dde- drink driver education
time2react said:
jinked said:
richburley, the appealent judge agreed with the judgement of the court below. So, no, he didnt increase the ban.
allaway, yep, 1 copper to tell me to drive home and 4 to wait for me to leave the station and arrest me on the road infront of the station
chrispy poker, dde- drink driver education
I asume you walked up to the police station, got drunk there, then they forced you into your car, which just happend to be in their carpark. allaway, yep, 1 copper to tell me to drive home and 4 to wait for me to leave the station and arrest me on the road infront of the station
chrispy poker, dde- drink driver education
The Tea Boy said:
T_Pot said:
Drink Drive
dont know what length ban you had, but it wasnt long enough.
dont know what length ban you had, but it wasnt long enough.
whatever the length of the ban, it should be life simple as!!!HTH
matt
Perhaps you'd like to consider that perhaps the sentencing bench got the right answer with all the facts in front of them, rather than your second guessing without the facts.
OP - the DVLA has some weird and wonderful rules of its own as well as the judicial punishments (they can for example insist that a doctor certify that you don't have a drink problem). However, I don't know of a way in which they can extend the ban.
On the bright side the court only banned you from driving, not from drinking.
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