How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71137
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I was sentenced to 6months imprisonment and a 3 year driving

This answer was rated:

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

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?

Customer: replied 4 years ago.

How do I get the memorandum of conviction


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 4 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.

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.
Jo C. and other Law Specialists are ready to help you