Driving & Motoring Offence Claims.
It's vital to seek help promptly when you're faced with a prosecution or fine for a driving offence.
Handling an alleged driving offence can be overwhelming.
We can guide you through the process.
From initial advice following a Notice of Intended Prosecution (NIP) through to trial representation, our team are experienced in handling motoring offence claims at all levels of seriousness.
With new innovations in all modes of transport, mistakes and disputes still arise on a daily basis which can cause distruption both personally and commercially.
Our specialist team can advise for both personal and commercial offences disputes.
Individual motoring offences
Losing your licence can have a huge impact on your lifestyle and well-being. This can often lead to loss of your job, relationship difficulties and cause a huge amount of inconvenience both for you and those who rely upon you.
The usual offences are:
Failure to identify driver
Speeding
Failure to identify driver suspected of an offence
Drink and drug driving
Points and disqualification including advising on any ‘special reasons’ which may apply to your case. A ‘special reason’ is a unique circumstance relevant to your case which may assist in mitigating the offence and reducing the penalty such as an emergency situation.
Careless driving including driving whilst using a mobile phone
Using and permitting use of a vehicle without insurance
Licences
Defective vehicles
12 points or more. If you acquire 12 or more penalty points on your licence over a three year period you can be disqualified from driving under the 'totting up' provisions normally resulting in a driving ban of at least six months. In such a case we may be able to argue ‘exceptional hardship’ on your behalf in order to persuade the Court to impose a shorter disqualification.
Some offences (upon conviction) lead to a mandatory ban, whilst others attract penalty points. For some offences like speeding or driving without due care and attention, there are a range of points you could accumulate depending on the situation and any aggravating or mitigating circumstances. Twelve points within three years leads to a minimum 6 month ban unless you can show that you would suffer exceptional hardship.
Commercial Transport offences & disputes
The demand for commercial transportation services has grown inline with new technologies and accessibilty to transport links and delivery of goods. however, disputes and offences committed on a commercial basis tend to be a little more complicated due to frameworks and regulations that commercial busineses have to adhere to in order to protect all parties. The usual offences we see are:
Driver’s hours offences
Operator’s licence offences
Overloading and construction use offences
Careless and dangerous driving
Contractual disputes
Representation at Public Inquiries
If you are an employee or an organistation facing or defending motoring offences that were rightfully or wrongfully given, or have a disute with the another party that needs resolving, our specialist team have significant experience in commercial transport offences.
* Please note we do not offer any legal aid assistance
Costs Guide to Motoring Offence Claims
Initial advice upon Notice of Intended Prosecution (‘NIP’)
Fixed fee: £950.00 plus 20% VAT
Fee includes:
- initial meeting with you;
- considering evidence;
- taking your instructions;
- providing advice upon your response to the NIP.
Entering guilty plea and preparing for plea and sentencing hearing
Between £1,500.00 and £2,000.00 + 20% VAT
Fee includes:
- preparation for and representation at a single hearing at the Magistrates Court to enter plea and mitigate sentence.
Entering not guilty plea and preparing for trial preparation
Up to £5,000.00 + 20% VAT
Fee includes:
- attendance and representation at the plea hearing;
- sourcing and instructing your trial advocate;
- arranging to take witness statements (if necessary);
- considering initial prosecution disclosure, and any other evidence;
- attendance and representation at a single, half day trial.
Representing you at a voluntary interview with the police under caution
Fixed fee £1,000.00 + 20% VAT
Fee includes:
- initial meeting with you;
- considering any prosecution evidence;
- taking your instructions and providing initial advice;
- representation at the interview under caution.
The above fees do not include:
- instruction of any expert witnesses;
- advice and assistance in relation to a special reasons hearing;
- advice and assistance for any hearing other than those specifically included within the above cost estimates;
- advice or assistance in relation to any appeal.
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 or our representative will attend court on the day and meet with you before going to the court. We anticipate being at court for half a day.
We will discuss the outcome with you. If advice is required on appeal, this will carry an additional cost.
Working With Our Service Team
We take great care to always ensure that you are properly advised on the merits and the risks of starting or resisting a Transport & Motoring claim and are on hand to advise and negotiate on your behalf. Our approach is always transparent and we rigorously pursue our clients’ objectives, always with commercial success in mind.
- Elisabeth Glover
If you have an enquiry in relation to Litigation or want to speak to a member of our expert team, please get in touch.