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Driver SOS (UK)
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Should I appeal to the Crown Court for extra offences I'm being charged with by the Magistrates?

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zippadedooda 17 Jan 2016

Hello,

Could you please let me know if the following question is is legally correct. I passed my Car, Bike and HGV 2 tests first time, i have never had any points, endorsements or bans on my license.

But back in May 2014 following a traffic incident with another vehicle, after a police interview of both myself and the other party i was charged with, '1' Undue care and attention, '2' Driving whilst not in proper control of a vehicle and, '3' Intentionally and without lawful cause leaving an object on the public highway.

I pleaded guilty to the '1' &'2' but pleaded not guilty to charge '3' and signed the charge sheet, i expected to attend court faced with the 3rd charge, so i contacted a solicitor (not a motor solicitor specialist) and he contacted the police/court services to get the details about the case, it was then that he notified me that the charges had now been changed to, '1' Driving without undue care and attention, '2' Driving whilst not in proper control, '3' Causing a danger to other road users, '4' Driving a motor vehicle dangerously, '5' Assault by beating. I attended the Magistrates Court and still pleaded guilty to the original charges of '1' & '2' but not guilty to '3' '4' & '5'.

The court then found me guilty of '2' & '4' and not guilty of the other offences. I received a 15 month ban, 200 hrs community service and a £680 fine, My solicitor is now saying that we should go to Crown Court to appeal the Magistrates sentencing on the ground that they cannot add further charges after i have already pleaded guilty to the original charge. as you can appreciate this has been a large worry for me over the last year and half, would you be able to advise me on whether the courts have actually abused the process of law by changing the charges the way that they did, and would it be wise to appeal their verdict at Crown Court considering that there could be further risks involved in doing so.

I would be really grateful if you could please give me any words of wisdom that may be able to help me come to a decision on whether its worth going to the Crown Court to lodge an appeal being that i have heard different opinions what may happen, thank you in advance on any help you can offer..

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