Not Happy with your Drink Driving Sentence?
It is understandable you may not be satisfied with a Magistrates decision with respect to your drink driving matter. If this is the case, you have the right to appeal to the District Court. There are some key things you need to be aware of.
Is There a Time Limit to File an Appeal?
Absolutely. For drink driving matters, you have 28 days from the date of the decision (or sentence) to lodge an appeal in the District Court. This must be observed as seeking to extend that time is only possible with the leave of the Court.
Where Do I Lodge My Appeal?
Your appeal must be lodged with the District Court, Criminal Division. There is a special form that needs to be completed and signed by you. Click here for a list of Registries in NSW. (http://www.districtcourt.justice.nsw.gov.au/districtcourt/contactus.html)
How Much Does Filing An Appeal Cost?
Aside from legal costs, the District Court charges a filing fee when you apply to have the District Court review your sentence. Currently, the filing fee in NSW is $108.00. Click here to all current filing fees. (http://www.districtcourt.justice.nsw.gov.au/districtcourt/forms_fees_crim.html)
How Long Does The Matter Take To Be Heard?
It depends on the Court, but generally, most drink driving appeals are heard within 6 weeks from the date of filing the appeal.
What Happens in the Appeal?
Your matter is referred to a Judge who will review all the evidence and hear from you about why the sentence should be reduced. It is important to note that you need to be properly prepared and have all the relevant documentation you seek to rely on such as references, medical evidence and submissions to name a few.
Don’t Leave it to Chance.
Appeal can result in reduction or dismissal of convictions. However, you should get legal advice about your matter before considering an appeal. Call the team at Antwan Lawyers now to explore your appeal options now on 1300 268 926.
