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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70517
Experience:  Over 5 years in practice
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I was sentenced to 6months imprisonment and a 3 year driving

Resolved Question:

I was sentenced to 6months imprisonment and a 3 year driving ban for drink driving DR10. Since I applied for my licence back the DVLA told me that the court said I would need to take an extended test. This was never part of my sentence and does not form part of the guidelines for my conviction. What can/should I do
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

If its that the DVLA have got the wrong details of the sentence then you need to apply for a memorandum of conviction from the Court which should reveal the correct sentence and resolve the matter.

If, however, is that the DVLA have revoked your licence on medical grounds until you take a medical examination then they are allowed to do that. All bans of this period lead to an automatic revocation and you have to apply for your licence back.

However, you seem to be saying that they have just added a requirement which wasn't part of the sentence.

You can appeal the decision of the DVLA to the Magistrates Court but you need the memorandum of conviction.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

How do I get the memorandum of conviction

Expert:  Jo C. replied 3 years ago.
Thanks.

If you know the court at which you were convicted then you can make an application directly to the court.

You just write in asking for that information, There might be a small fee now. I don't go the Magistrates much any more but they certainly didn't use to have specific forms for them.
Customer: replied 3 years ago.

I was convicted at Magistrates but sentence was passed at crown. Would the Magistrates still have this information. The conviction was in 2007.


 


If the memorandum states that I should take an extended test (even though this is not within the sentencing guidelines) how would I appeal this.

Expert:  Jo C. replied 3 years ago.
You can apply to the Crown Court. Its easier at the Crown Court as its a court of record.

You are out of time to appeal realistically now I'm afraid. You can apply for leave to appeal out of time but this delay is substantial.

Also, if this was a sentence imposed by the Crown court then you have to show that it was manifestly excessive which is a high test.
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