Cost of solicitor for advce/circuit court appeal

k.p.h

I'm looking for a solicitor to give me some advice about a possible appeal/application for reinstatement for my driving ban. I know legal advise is not allowed on the forum so I wont go into the details of the case but it is for driving without insurance.

I have spoken to the district court and they informed me I would have to apply to the circuit court. That is about all I really know.

I just wanted to know if anyone knew anything about the process or if they had successfully appealed and could explain what they done.

Also I am a student so cost is a huge issue, and also the reason I urgently need my licence back. I have never dealt with a solicitor before in this manner so no nothing about the costs involved. Dose anyone have an idea (even ballpark) of how much it would cost to get some advise about the situation,the cost to make an application/appeal. And maybe even a total cost.

I really don't have a clue TBH so any advise on how to approach the situation would be appreciated.

Also the difference between the district court and the circuit court .?

coylemj

If you're convicted in the District Court of a road traffic offence, you can lodge an appeal to the Circuit Court. In that case the whole case is heard again and the Circuit Court judge makes a decision which can be one of the following....

1. Dismiss the appeal and affirm the District Court decision. The decision of the District Court stands so you gain or lose nothing by taking the appeal but if you paid for legal representation in the appeal the money is down the drain because you've achieved nothing.

2. The Circuit Court can affirm the conviction and vary the penalty upwards or downwards, unless the District Court imposed the maximum penalty (very rare) in which case the worst the Circuit Court can do is affirm both the conviction and penalty. In your case you'd be pleading severe hardship because of the loss of your licence and you'd be aiming to have the driving ban dropped in which case it would probably be substituted with a big fine and a few points on the licence.

3. The Circuit Court can allow the appeal and quash the conviction in which case you're in the clear. In your case this would only be a realistic possibility if you could prove that you were covered by an insurance policy on the date in question.

Your best bet right now is to go to the Circuit Court office ASAP with details of your conviction (the original summons will do) and ask to lodge a notice of appeal. You have I think 14 days from the date of the conviction in the District Court to lodge the appeal so do this without delay. The staff should show you what to do and while the appeal is pending your driving ban is suspended i.e. you can continue to drive.

You can then consider how to pay for a solicitor. The Circuit Court will eventually contact you with a date for the appeal.

k.p.h

Thanks coylemj, I think I am beginning to understand the process a bit more clearly now after some reading on the citizens information website . Unfortunately it is well after the 14 days allowed, dose that mean I cannot appeal through the circuit court now (thats what I take from the info on the website)? Is their a window for appeal and if it is not done in that time frame the option is removed and early restoration becomes the only option.?

Driving Offences

If you have been convicted of motoring offences and disqualified from driving in a District Court, you can appeal the disqualification to the Circuit Court. You must lodge an appeal within 14 days of your conviction. If you wish to represent yourself, the court clerk in your local District Court will help you complete the necessary forms. Alternatively, your solicitor can assist you.

If you have been disqualified from driving and wish to apply to the courts for an early restoration of your licence, you may do so in person or through a solicitor following payment of the appropriate fee. You may apply for the early restoration of your driving licence when half your disqualification period is over, but you cannot appeal convictions involving a disqualification of two years or less. The court can reduce the period of disqualification to two-thirds the original period of disqualification.

Also the cost of a consult with a solicitor ? Anybody got an idea of cost ?

bath handle

k.p.h wrote: »

Thanks coylemj, I think I am beginning to understand the process a bit more clearly now after some reading on the citizens information website . Unfortunately it is well after the 14 days allowed, dose that mean I cannot appeal through the circuit court now (thats what I take from the info on the website)? Is their a window for appeal and if it is not done in that time frame the option is removed and early restoration becomes the only option.?

Driving Offences

If you have been convicted of motoring offences and disqualified from driving in a District Court, you can appeal the disqualification to the Circuit Court. You must lodge an appeal within 14 days of your conviction. If you wish to represent yourself, the court clerk in your local District Court will help you complete the necessary forms. Alternatively, your solicitor can assist you.

If you have been disqualified from driving and wish to apply to the courts for an early restoration of your licence, you may do so in person or through a solicitor following payment of the appropriate fee. You may apply for the early restoration of your driving licence when half your disqualification period is over, but you cannot appeal convictions involving a disqualification of two years or less. The court can reduce the period of disqualification to two-thirds the original period of disqualification.

Also the cost of a consult with a solicitor ? Anybody got an idea of cost ?

What happened i. the District Court. Were you there?

k.p.h

bath handle wrote: »

What happened i. the District Court. Were you there?

No tax and insurance (second offence). Sister signed for summons and it was misplaced so missed the court. When I realized I had missed it I rang the prosecuting guard, he said it was a bad day to miss as the judge was in bad form so full fines and "2" years off the road.

2 years up today so I ring the court clerk and turns out it was 4 years. Cant for love nor money find the documents from the case and definitely do not remember anything saying 4 years but obviously the court clerk is not going to get it wrong. Obviously all my fault too so I'm not surprised I got 4 years TBH.

The problem is I was pretty much banking on it being back for my second year in college as I have no transport to and from college. Also my sister is joining my brother in Australia after Christmas leaving me in Ireland with my 2 elderly parents. It's trick situation TBH.

I'm eligible for rent allowance as I'm on Back to Education Allowance so one option is going to be move closer to college but that dose not help the situation long term.

What I'm trying to figure out really is their any point going to see a solicitor with all this.? I can't afford to go to a solicitor and him to tell me their is nothing to be done, and even if their was a course of action its still questionable if I could afford it anyway :rolleyes:

coylemj

Unless you get a response here in the Legal forum, I'd suggest you head over to the Motors forum, start a new thread saying you were banned for 4 years 2 years ago and ask how to go about getting your licence reinstated if you can't afford a solicitor. I think you can apply to be reinstated after half the ban has been served but don't hold me to that.

ResearchWill

coylemj wrote: »

Unless you get a response here in the Legal forum, I'd suggest you head over to the Motors forum, start a new thread saying you were banned for 4 years 2 years ago and ask how to go about getting your licence reinstated if you can't afford a solicitor. I think you can apply to be reinstated after half the ban has been served but don't hold me to that.

You can apply after half but the reinstatement can only happen after 2/3 so in a four year ban apply after 24 months back on road after 32 months.

If you wish to appeal the original decision of the DC, then you will have to apply to DC for leave to extend time to appeal, if granted you can then apply to CC to reduce the disqualification.

If you do not appeal the original decision but only go for reinstatement then it is an application to the DC for reinstatement.

My advice go to a solicitor, explain your situation and ask for a quote, explain what you can pay. You will have a huge insurance bill when you get back on the road which is not a problem I assume, so why not pay a professional the few quid to do the right job.

Milk & Honey

Given that 24 months of the ban have been served and the time it would take to get leave to appeal from the District court and wait for a hearing date in the Circuit Court there is probably no point in going to the Circuit Court. It could be another 6 months before the appeal in the Circuit Court would get on and there is no guarantee that the ban would be reduced. Two convictions for driving without tax and insurance is not going to be viewed in a good light. There is one DJ who gives a 3 month sentence for a second no insurance conviction.
It would be better to apply to the District Court for re-instatement and try and get back after 32 months.

ResearchWill

Milk & Honey wrote: »

Given that 24 months of the ban have been served and the time it would take to get leave to appeal from the District court and wait for a hearing date in the Circuit Court there is probably no point in going to the Circuit Court. It could be another 6 months before the appeal in the Circuit Court would get on and there is no guarantee that the ban would be reduced. Two convictions for driving without tax and insurance is not going to be viewed in a good light. There is one DJ who gives a 3 month sentence for a second no insurance conviction.
It would be better to apply to the District Court for re-instatement and try and get back after 32 months.

I know of cases where leave to extend time for appeal and appeal have happened in a matter of days where the circumstances warrant it. This is why you need good legal advice, a good local solicitor will know if it is possible in you circuit area, with all your facts.

To the OP if your licence is important to you invest some time in asking a solicitor and tell him what you can afford to pay.

k.p.h

Thanks everyone. At least I know the different courses of action available to me, I'm going to have to get a solicitor in either eventuality so I might as well just bite the bullet and go see one ASAP. Moral of the story .. don't get caught. Just joking, It was definitely not worth it.

bath handle

k.p.h wrote: »

Thanks everyone. it.

A solicitor who does legal aid in your local District Court is likely to be more reasonable in terms of price.

newmug

bath handle wrote: »

A solicitor who does legal aid in your local District Court is likely to be more reasonable in terms of price.

How do you find out who does legal aid? Whenever you ring any of the solicitors around here, the secretarys refuse to answer questions, they just want to arrange an appointment at E200 per hour immediately!

coylemj

newmug wrote: »

How do you find out who does legal aid?

If you go to the court where they do public order/assault/theft cases, the solicitors who hang around all day are doing free legal aid.

Most solicitors in the traffic courts are engaged privately and would typically only have one case in that sitting so once their client's case is dealt with they are gone.

dats_right

There are potentially two options here; i) Appeal the original conviction to the Circuit Court, or; ii) Apply to the District Court for the re-instatement of your licence.

Option ii) is by far the simplest and most cost efficient way of having your licence restored. However some of the other posters have already set out the requirements in terms of the amount of the ban you have to serve before applying and getting your licence back.

Option i) it would appear that you were correctly served in accordance with Court Rules. The fact that the summons was misplaced and the court date missed is unlikely to satisfy a Court to overturn your conviction. In any event, you are expected to act with reasonable haste in prosecuting an appeal. The Court would therefore expect very compelling reasons to extend time for making an appeal to two years. In addition if you committed the offence then there is no point even considering appealing the conviction, as even if you can overcome the delay issue, you would be expected to show that you were adequately insured and held a licence at the relevant time. I suppose you could appeal on grounds of severity of sentence only but again the delay aspect stands seriously against you here.

By the way, option i) would be the more expensive of the two and would probably also involve instructing a barrister.

If you wish you can say what part of the Country you are in and I am sure posters will be able to give you a list of solicitors who practice in this area of law.

k.p.h

Yeah I have actually decided to peruse the reinstatement option, for pretty much the reasoning that you mention dats_right. Had a chat with an uncle who is a guard and he said I would have to appeal the sentence and not the conviction also.

The complications of appealing so long after the case and the cost really don't make it a great option.

Also he thinks I would be successful in getting it reinstated as I have spent so long off the road as it stands and also because I have genuine reasons for requesting reinstatement.

Along with the genuine reason I would be able to produce evidence of my means to get back on the road legally e.g car,tax,nct and most importantly insurance.

It's going to be another 8 months until 2/3 of my sentence is served which luckily will be pretty close to my work placement from college, so hopefully it will work out OK.It,s the Kilkenny DC that I am dealing with so I suppose finding a solicitor that operates in KK would be the best option. Thanks again lads.

Milk & Honey

You can make the application any time after have of the ban has been completed. It is as well to prepare as soon as possible.The form of the local judge is crucial to the success of the application, so go to the local DC and see how the applications are dealt with.