Motoring Offences

MOTORING OFFENCES (DEALT ONLY IN THE MAGISTRATES COURT)

Examples of such cases include drink driving cases, failing to provide a specimen, no insurance, driving without due care, speeding, failing to stop for the police, disqualified driving, taxi touting, no insurance, no licence, amongst others.

TYPES OF WORK WE DO BY FIXED FEE

All rates detailed will attract additional VAT at the present rate of 20%.

Making written Submissions letter or mitigation letter only for you

We can work to try and persuade the police against commencing court proceedings where possible. Representation at court for this discreet work is not included. We will meet with you and we will be take instructions from you and we will usually analyse the case evidence before mitigating on your behalf to attempt to persuade the court not to impose a ban where the law. We will write a letter with your mitigation on your behalf. As indicated above Representation by us at court is not included. £600 plus VAT for up to 4 hours work ranging to £1,000 plus VAT for up to 6 hours work covered.

The service fees include –

  • Reading evidence
  • Attending/preparation on you virtually or in person as agreed or necessary
  • Instructions from you and us advising you on your plea at court
  • Advice on likely sentence
  • Making writing submissions for you
  • We will undertake work which includes, letters, calls, emails, preparation and attendance up to the maximum no of hours agreed in the fixed fee with us.

This does not include –

  • Any further work such as taking statements
  • Attending court
  • Preparing the case any further
  • Instructing experts
  • Incurring any expert fee or disbursements

We can appear at court for Exceptional Hardship/Mitigation or Guilty plea at court. A Single hearing fee is detailed below and does not include trial preparation or a trial.

Representation at court by an advocate will include meeting with you in advance and taking your instructions. We will collate your documents in support and prepare for the hearing. We will appear at court on your behalf and act for you at court for up to half a day. A member of our team will attend or we will choose a suitably qualified barrister or solicitor to appear for you. The fee for this will be between £800 - £1,500 plus VAT depending on the amount of work required.

The service fees include -

  • Reading evidence
  • Attending/preparation on you virtually or in person as agreed or necessary
  • Advice on likely sentence
  • Attendance and representation once at the Magistrates Court.
  • Advising you on your plea at court
  • This is to include an experienced advocate or barrister to represent you at court for up to a half day hearing and sentence hearing if appropriate.
  • We will undertake work which includes, letters, telephone calls, emails, preparation, taking statements from witnesses etc.

This does not include –

  • Preparing the case any further after its conclusion for appeal
  • Incurring any expert fee or disbursements

Not Guilty plea trials or a Special Reasons Argument

We will fully prepare your case for trial. We will read and prepare all evidence served. We can take all necessary statements from your witnesses where the fee agreed covers the work required. We will make representations to the CPS where appropriate to try and get them to drop the case before trial. We will deal with the court and apply for adjournments when necessary.

We will deal with disclosure issues that arise during the case such as asking for CCTV for example.

We will provide a qualified advocate to represent you at trial.

Not included in the fee is the price of any expert. If an expert is necessary, for example an alcohol expert, we will discuss the possible fees in advance and agree these with you.

A special reasons argument is where you have pleaded guilty and seek to persuade the court from not imposing a driving ban. Special reasons can apply to all sorts of driving cases and can result in avoiding the usual sentence which would be expected for such an offence. In particular, a special reasons argument could help you avoid a driving disqualification or points being endorsed on your licence after having been convicted.

Examples such as laced drinks, shortness of distance and driving during a genuine emergency. We will have to obtain disclosure from the CPS, interview you and your witnesses and attend the hearing.

The above cases cost from £1,500 plus VAT up to £3,000 plus VAT depending on the complexity of the case and the work involved. Any sentence hearing is also covered by the fixed fee agreement.

The service fee includes

  • Reading the evidence
  • Obtaining disclosure
  • Attendance and representation once at the Magistrates Court.
  • Meeting with us in advance to provide instructions virtually or in person as agreed or necessary
  • Taking witness statements from any witnesses or making enquiries and preparation where the fixed fee hours agreed will allow that additional work
  • Reading your supporting documents
  • This is to include an experienced advocate or barrister to represent you at court for a half day hearing.
  • We will undertake work which includes, letters, telephone calls, emails which are all time charged at a minimum of 6 minutes each , preparation and attendance up to the maximum no of hours agreed in the fixed fee with us

This does not include –

  • Extensive enquiries tracing witnesses
  • Incurring any expert fee or disbursements

FACTORS THAT CAN AFFECT THE FIXED FEE

We always endeavour to ensure that our fees do not exceed those particularised above . If you instruct us at late notice close to a hearing or in connection with multiple allegations or the court dealing with your case is at a distant location, then there will be an increase to the fees quoted above. Having many witness enquiries or obtaining experts reports will complicate the case. We will always agree this with you in advance. If the case becomes more complex because more documents need to be considered then this will complicate the case.

  • The fee for any court attendance, guilty plea hearing, not guilty plea hearing or special reasons hearing/ exceptional hardship does not include:
  • The cost of instruction of any expert witnesses
  • Advance conferences with advocates or barrister other than at court on the day unless agreed
  • Disbursements some of which attract VAT such as alcohol reports, some interpreting agencies charge VAT whilst smaller agencies do not. Photocopying and expert reports such as psychiatric reports attract VAT.
  • Advice or assistance in relation to any appeal.

Most cases will not require additional cost, however potential expenses and disbursements are listed below, and some experts and professional charge VAT and others do not if they are not registered for VAT.

  • Interpreters and translation fees range from £25 - £50 plus VAT per hour if needed. It is not possible to predict the cost of these as this varies according to the particular circumstances.
  • Court fees – we cannot estimate these but they are unlikely to apply in most cases.
  • If we need to stay overnight, then hotel accommodation may be chargeable (amounts subject to VAT) but we would try and avoid this where possible.
  • Psychiatric reports can cost from £500 plus VAT to £5,000 plus VAT or on very rare occasions a higher amount
  • Alcohol reports cost from £500 plus VAT to £1,500 plus VAT.
  • Medical experts can cost from £500 plus VAT to £5,000 plus VAT

VAT is charged at 20%

The Key stages of your case depend on you having advised us correctly about the next hearing and you also have a date for your hearing.

  • You will provide instructions to us
  • We will consider evidence and advise you on your plea at court
  • We can take any witness statements if necessary (this could have an additional cost dependant on the complexity of the case and whether it can be covered in the hours agreed).
  • We will explain the court procedure so you will know what to expect on the day of your hearing, and the sentencing options available to the court.
  • We arrange any further preparatory work; obtain instructions from you and answer queries you have.
  • We will instruct experts and incur disbursements if you agree the associated fees
  • The actual timescale of when your hearing will take place depends on the court listing for that day.
  • Where we agree to attend court, we will meet with you before going into the court.
  • Fees for court attendances are estimated on half a day case.
  • We will discuss the outcome achieved with you. If our opinion is required on appeal, we will agree costs.

Fee includes:

  • 2 hours attendance/preparation:
  • considering evidence
  • taking your instructions
  • providing advice on likely sentence
  • Attendance and representation at a single hearing at the Magistrates Court

 

The fee does not include:

  • instruction of any expert witnesses
  • advice and assistance in relation to a special reasons hearing
  • advice or assistance in relation to any appeal

 

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.

  • Meet with your solicitor to provide instructions on what happened.
  • We will consider initial disclosure, and any other evidence and provide advice.
  • Arranging to take any witness statements if necessary (this will have an additional cost dependant on the complexity of the case and the level of fee earner dealing with the matter..
  • We will 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.
  • We will conduct any further preparatory work, obtain further instructions from you if necessary and answer any follow up queries you have.
  • We cannot provide a timescale of when your hearing will take place, as this depends on the court listing for that day.
  • We will attend court on the day and meet with you before going before the court. We anticipate being at court for [e.g. half a day].
  • We will discuss the outcome with you. If advice is required on appeal, this will carry an additional cost.

 

TIME ESTIMATE

In most cases motoring cases are dealt with at a single hearing the whole case is usually completed on that day. However, each case is different, and we cannot provide a precise timescale of how long each case will take or when hearings will take place, as this depends on many factors such as the complexity of the matter and court listings.   Based on our vast experience, we would expect matters to generally to conclude within 3-6 months if contested.

Time frames change based on the adherence of all parties to timetables and attendance of witnesses and court time available. As matters progress, we should be in a better position to advise you of the likely timeframe