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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can I appeal sentencing on a drink drive sentence 6 months

Customer Question

Can I appeal sentencing on a drink drive sentence 6 months after sentencing, I was never told I could before
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

On what basis are you hoping to appeal please?
Customer: replied 2 years ago.
My sentence seems very high compared with people I have spoken to and the situation. I am hoping to reduce the sentence
Customer: replied 2 years ago.
Do you have an answer?
Expert:  Jo C. replied 2 years ago.
Thanks.

I am sorry for the delay. I did respond to this but it obviously didn't up load.

I cannot give you good news I'm afraid. This would have been a sentence of the Magistrates Court. As such you had 21 days from the date of sentence to appeal.

Unfortunately you are well out of time now. Time limits are not always enforced strictly but its not likely that this type of delay would be disregarded I'm afraid.

You can always judicially review the decision but that is a high test unfortunately and you are out of time for that as well. A judicial review must be brought 'promptly or within 3 months'.

Also, you should bear in mind that its never a good idea to compare your sentence to that of other defendants. Sentencing doesn't work on that basis. The sentence you received may well have been manifestly excessive but the issue is the circumstances of the offence and the offender.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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