Motoring Offences

We are experienced motoring law solicitors and have successfully defended motoring offence prosecutions. Motoring law is a challenging area of law and we understand that quite often for those charged their livelihood can depend on their ability to drive.

We have successfully managed to help people win their motoring cases and thereby retaining their driving licence. We have also successfully managed to persuade magistrates to reduce the period of disqualification which allows clients to get their licence back much earlier. Just because you may have, or are about to get, more points on your licence – which may take you over 12 points – this doesn’t necessarily mean you must be disqualified. The court have a discretionary power not to disqualify a driver if they obtained more than 12 points on their licence. In order for the court to exercise this discretion, we can put forward an argument under the special reasons provision. To qualify as a special reason the following has to be shown to the court

• that it is not a defence to the charge
• it is a mitigating factor
• not directly related to the Commission of the offence
• it is a factor that a court can properly take into account

This is a complex area and legal advice should be sought as soon as possible.

We are experienced in representing defendants in a wide range of motoring cases: 

• drink and drug driving
• speeding offences
• mobile phone offences
• failing to provide a specimen
• failing to stop at the scene of an accident or reporting an accident
• dangerous driving
• causing death by dangerous or careless driving
• driving with no insurance
• driving whilst disqualified
• driving otherwise than in accordance with a licence

CASE EXAMPLE

DRINK DRIVING OFFENCE, GUILTY PLEA – FIXED FEE £400+ VAT +DISBURSEMENTS

What is included?

• Attendance and/or preparation;
• Considering evidence;
• Taking your instructions;
• Providing advice on likely sentence;
• Attendance and representation at a single hearing at the Magistrates Court.

What is not included?

• Instruction of any expert witnesses;
• Taking statements from any witnesses;
• Advice and assistance in relation to a Special Reasons¹ hearing;
• advice or assistance in relation to any appeal.

¹ Special Reasons pertain exclusively to situations where the accused has been found or has pled guilty and now faces disqualification unless he/she can persuade the Court that the circumstances of the offence are such that it would be unjust to impose a ban.

KEY STAGES INVOLVED

The key stages of your matter are based on the presumption that you have entered a guilty plea and have a date for your hearing. They typically include:

• Meet with you to provide instructions on what happened;
• Consider initial disclosure, and any other evidence and provide advice;
• Arranging to take any witness statements, if necessary (this will have an additional cost, which will be discussed and agreed with you prior to undertaking the work ).
• Explain the court procedure to you so you know what to expect on the day of your hearing, and the sentencing options available to the Court;
• Conduct any further preparatory work, obtain further instructions from you, if necessary, and answer any follow-up queries you have;
• Attend court on the day, meet with you before going before the court. We anticipate being at court for half a day.
• Discuss the outcome with you. If advice is required on appeal, this will carry an additional cost.

Please note we cannot provide a timescale of when your hearing will take place, as this depends on the court listing for that day.

OUR MOTORING OFFENCES TEAM

• Simon Dean – Partner
  Simon qualified in 1994 ….
• Sukhwinder (Sukhy) Ark – Partner
  Sukhy qualified in 2000 …….
• Mark Moore – Partner
  Mark qualified in 1989 ……
• Helen Bennett – Solicitor
  Helen qualified in 2006 ….
• John Walsh – Consultant Solicitor
  John qualified in 1975 …
• Charles Lorton – Consultant Solicitor
  Charles qualified in 1977 ….