Motoring Offences

The consequences of a driving conviction can be devastating. You may lose your licence, your independence and even your livelihood, not to mention years of higher insurance premiums.

We have specialist lawyers who can help you at every stage of the case, from charge or summons through to the conclusion of the Court proceedings.

Depending on the facts of your case, we might help you present a winning defence at trial or alternatively help ensure that you keep your licence through effective mitigation or by making an exceptional hardship or special reasons application.

Contact us for a free consultation to discuss how we can help you.

Services

We can provide assistance in relation to a wide range of driving offences, including:

  • Dangerous Driving
  • Fatal collision
  • Careless driving
  • Drink Driving
  • Driving whilst unfit due to drugs
  • Driving without insurance
  • Speeding
  • Failing to provide specimens for analysis
  • Using a mobile phone whilst driving

Exceptional hardship

The courts must consider you for disqualification if you have 12 or more points on your driving licence. However, the court may be persuaded to allow you to continue driving if you would face exceptional hardship as a result of being disqualified. Alternatively, they may agree to a much shorter ban than would otherwise be applied.

In order to prove exceptional hardship, you will need to show that you would suffer more than the ordinary inconvenience that would result from a driving ban. For example, a ban may have very serious financial implications, or it may cause significant disadvantage to others who rely on you.

A skilled solicitor and advocate will be able to prepare and present this evidence so as to give you the best chance of success.

Special reasons

Even if you are technically guilty of a driving offence, there may be an unusual circumstance which would allow you to avoid a driving ban, or penalty points. This is known as a “Special reason”.

For example, the fact that your drinks were “laced” may be a special reason to avoid mandatory disqualification as a result of drink driving. If you were speeding due to a genuine medical emergency, you might avoid penalty points or a ban. However, there are many other circumstances in which the courts have found that special reasons applied.

Special reasons arguments are often technical and you will need to obtain expert advice before you are due to appear in court.

Funding your case

Legal Aid is only likely to be available for the most serious of road traffic cases. However, for many road traffic matters we will be able to offer a fixed fee for advice and representation at Court.

The level of fee will depend on the number of hearing that are likely to be needed to resolve your case, the length of those hearings and the amount of work that is likely to be required to prepare for them.

Many road traffic cases will be resolved at the first hearing, but others may involve an exceptional hardship application, and special reasons hearing or a trial.

It may be necessary to obtain witness statements or to instruct an expert (for example a back calculation in relation to blood alcohol levels).

We offer fixed fees for a range of motoring cases, including exceptional hardship applications and special reasons hearings. The details of these fees are set out below. We may also be in a position to conduct your case on a fixed fee even if you plead not guilty and the case goes to trial.

Cases that are resolved at the first hearing

Basic fee: £875 excluding VAT

  • preparation conducted by junior solicitor (under 8 years post qualification experience)
  • Advocacy conducted by junior solicitor or junior barrister

This fee is calculated on the basis of an hourly rate of £350 per hour

Enhanced fee: £1,125 excluding VAT

  • Preparation and advocacy conducted by a senior solicitor (8 years + post qualification experience) 

This fee is calculated on the basis of an hourly rate of £450 per hour

What does the fee include?

We will conduct an initial interview with you in order to obtain relevant information. We will obtain the prosecution evidence and advise you on the appropriate plea and likely penalty.   

We will also represent you when you appear at the Magistrates Court.

What does this fee exclude?

The fee does not include:

  • Representation at any adjourned/further hearings at the Magistrates Court (see below).
  • Any disbursements incurred (e.g. medical reports or other expert reports, fees for service of witness summons, interpreters fees or our reasonably incurred travel expenses);
  • Any work conducted on an appeal against conviction or sentence;
  • Any other party’s costs for which you may be liable, for example an award of prosecution costs.

What happens if my case does not conclude at the first hearing?

Where there is a guilty plea, It is common for road traffic cases to conclude at the first hearing (unless adjourned for an exceptional hardship or special reasons application).

However, in some circumstances, a second hearing may be necessary for example whether the court orders a pre-sentence report.  In those circumstances, we will charge an additional fee:

  • £350 for a basic fee case
  • £500 for an enhanced fee case

This fee will apply for each additional hearing that it is necessary for us to attend.

A different fixed fee will apply if you plead guilty and your  case is adjourned for a special reasons hearing or exceptional hardship application.

Exceptional Hardship Hearings

Basic fee: £2,100 excluding VAT

  • preparation conducted by junior solicitor (under 8 years post qualification experience)
  • Advocacy conducted by junior solicitor or junior barrister

This fee is calculated on the basis of an hourly rate of £350 per hour

Enhanced fee: £2,700 excluding VAT

  • Preparation and advocacy conducted by a senior solicitor (8 years + post qualification experience) 

This fee is calculated on the basis of an hourly rate of £450 per hour.

What does the fee include?

We will conduct an initial interview with you in order to obtain relevant information. We will obtain the prosecution evidence and advise you accordingly.

We will obtain witness statements and any other evidence necessary to demonstrate that you will suffer “exceptional hardship” in the event that you were disqualified under the totting-up provisions.

We will represent you at the initial hearing in the magistrates court and at the exceptional hardship application (note that your case may be adjourned for this purpose).

What does this fee exclude?

The fee does not include:

  • Representation at any more than two hearings at the Magistrates Court;
  • Any disbursements incurred (e.g. medical reports or other expert reports, interpreters fees, fees for service of witness summons, our reasonably incurred travel expenses);
  • Any work conducted on an appeal against conviction or sentence;
  • Any other party’s costs for which you may be liable, for example an award of prosecution costs.

Representation at any additional hearing will be charged at the rate of:

  • £350 for a basic fee case
  • £500 for an enhanced fee case

Representation at Special Reasons Hearings or Trials

If you intend to plead not guilty, your case will be adjourned for a trial.

If you intend to rely on a special reason, your case will be adjourned for a hearing very similar to a trial at which witnesses, including any expert witnesses, will give evidence and legal submissions made.  

We may be able to conduct your case on a fixed fee basis subject to an assessment of the case and the amount of work required.

If you would like our team to contact you to arrange a confidential consultation send us an email or contact us on 020 3090 8100

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