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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70191
Experience:  Over 5 years in practice
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I was convicted of unfit to drve due to drugs in my appeal

Customer Question

I was convicted of unfit to drve due to drugs in my appeal the judge said my conviction was one year driving ban with no need to reset my driving test now I find that I have ti resit my driving test was the judge worng/
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think he should be?
In what specific way?
Customer: replied 2 years ago.

I need to know can the judge over rule the law or do i have to resit my driving test?

Expert:  Jo C. replied 2 years ago.
The Judge can't make unlawful orders.
But if you have appealed a sentence to the Crown Court and been resentenced then it is the latter sentence that applies.
A ban is mandatory for this offence but an order to retake is not. If the Judge ruled that you did not need to retake your test then you do not.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

How do I go about getting what the judge said unto the court records.

Expert:  Jo C. replied 2 years ago.
You would have been given the outcome at court?
And you were there to hear it?
You could apply for a memorandum of conviction but there is cost in that.
Customer: replied 2 years ago.

How do I go about that? The barrister was there and I asked him three

times if my conviction was one years ban from driving and I did not need

to resit my test and he agreed that was the case, each time I asked him.

I do not understand why the court records do not state this.

Expert:  Jo C. replied 2 years ago.
Normally people don't make that application.
They are told the sentence in court and it is explained by their advocate.
To apply for a memorandum of you just contact the relevant court and ask for their procedure which is normally to make a written application and pay the fee. It is rarely listed for an oral hearing.