Criminal Defence Solicitors

Motoring Offences:

Whether you need a solicitor to represent you for a motoring offence in court depends on several factors, including the severity of the offence, the complexity of the case, and your own confidence in handling the legal process.

When You Might Not Need a Solicitor

Straightforward Cases: If the case is straightforward and you feel confident in presenting your case, you might choose to represent yourself for minor offences, such as speeding or a minor parking violation. You might not need a solicitor, especially if you intend to plead guilty and the penalties are relatively minor.

When You Might Need a Solicitor:

For serious offences such as dangerous driving or drink driving having a solicitor can be crucial. These offences can carry heavy penalties, including fines, disqualification from driving, or even imprisonment.

Lack of Legal Knowledge: If you are not familiar with the legal system and court procedures, a solicitor can ensure that your case is presented effectively and that you understand your rights and obligations.

Complex Cases: If the case involves complex legal arguments, such as disputing the evidence presented by the prosecution or presenting a defence that requires legal expertise, a solicitor can provide the necessary guidance.

Previous Offences: If you have previous motoring convictions, a solicitor can help mitigate the impact of additional penalties.

If you face significant penalties that could affect your livelihood, such as a long driving ban or a large fine, it’s advisable to seek legal representation.

Steps You Can Take

Consultation: Consider having an initial consultation with a solicitor to get advice on your specific situation and understand your options.

Legal Aid: Check if you qualify for legal aid, which can help cover the cost of legal representation if you cannot afford it.

Court Procedures: Familiarise yourself with the court procedures and what to expect during the hearings. Many courts provide resources and guides for self-represented litigants.

Evidence and Documentation: Gather all necessary evidence and documentation related to your case. This can include witness statements, photographs, and any other relevant information.

Overall, while it’s possible to represent yourself for a motoring offence in court, having a solicitor can provide significant advantages, especially for more serious or complex cases. The court process can vary in length, but being prepared and informed can help you navigate it more effectively.

Our Fees:

For cases not covered under the legal aid scheme, our services will be charged depending on the complexity of, and time required for each case. Our rate in these matters is £200 per hour plus Vat (£40) giving a total of £240 per hour. Your case will be dealt with by one of our qualified criminal defence solicitors.

For Example:

In the Magistrates court:

– A guilty plea for an uncomplicated motoring offence, concluded in a single hearing, will cost £400.00 + 20% vat (£80) = £480, or if over 3 hours £600 + 20% VAT (£120) = £720.

– A more complex matter requiring two hearings will cost £750.00 +20% vat (£150) = £1,000.

– An attendance where a not guilty plea is entered and thereafter an additional Trial hearing not exceeding one day, will cost £1,500.00 + vat (£300) = £1,800.

– A not guilty plea and thereafter an additional two-day trial will cost £2,200.00 + vat (£440) = £2,440.

 

Additional charges for travel time, at our standard rate of £200 per hour + vat (£40) = £240 per hour total may apply where the case is not at our local court.

Extra Fees (Disbursemnents)

In addition to the fees we charge for our work representing you, where your case requires it, we may incur additional expenses (known as Disbursements). The most common disbursements are in the form of instructing an Expert witness or Barrister.

Expert Witnesses

Purpose: Expert witnesses provide specialized knowledge and opinions to assist the court in understanding complex evidence or technical details. They offer their expertise in various fields such as forensic science, medicine, engineering, or any area requiring specialised knowledge that is beyond the general understanding of the court.

Costs:

• Preparation Fees:  There are many reasons we might instruct an expert witness, such as to prepare a specialised report regarding medical/technical evidence or enhancing CCTV. The costs for such services will depend on the precise nature of the work requested and the experience of the expert instructed. Costs can vary from £150.00 to £2000.00 plus VAT at 20% depending on the amount and complexity of the work involved;
  

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• Attendance Fees: Generally Expert witnesses receive daily or half-day fees for attending court, which may also include an element for travel time. If an expert insists on an hourly rate this can vary from £50.00 – £200.00 per hour plus VAT at 20%,
  

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• Travel and Subsistence: Experts are reimbursed for travel expenses, including mileage.

These costs will always be agreed with you in advance.

 

What are the Key Stages of a court case:

 

Here’s a guide to the key stages of a motoring offence at court, including the average time scales based on information from the UK government.

 

1. Charge and Summons

– Time Scale: Typically, 1-3 months after the offence.

– Description: After the police complete their investigation, you may receive a notice of intended prosecution (NIP) followed by a court summons. This process starts once sufficient evidence is gathered to charge you with a motoring offence.

 

2. First Hearing at Magistrates’ Court

– Time Scale: 2-6 weeks from the date of the charge.

– Description: Your case is initially heard in the Magistrates’ Court. You will be asked to plead guilty or not guilty. If you plead guilty, the case may be concluded with sentencing on the same day. Alternatlively, your case may be adjourned for the preparation of pre-sentencing reports. These are prepared by the probation service who will meet with you and discuss your circumstances. The report will recommend suitable sentencing options.

 

3. Plea and Case Management Hearing (PCMH) (Crown court only)

– Time Scale: 4-8 weeks from the first hearing if pleading not guilty.

– Description: If you plead not guilty and your case is in the Crown Court, a PCMH is scheduled to outline the details of the case and prepare for trial. This includes setting timelines for the submission of evidence and witness statements.

 

4. Trial Preparation

– Time Scale: 2-4 months after entering your not guilty plea.

– Description: Both the defence and prosecution prepare their cases. Evidence is gathered, and witnesses are interviewed. The court schedules a trial date, taking into consideration the availability of the parties involved.

 

5. Trial

– Time Scale: 3-6 months from entering your not guilty plea.

– Description: At the trial both sides present their evidence and arguments. The magistrates, judge or jury (Crown Court) then deliberate and provide a verdict. Most trials in the magistrates court can be dealt with in one day, however more complicated trials may take multiple days.

More serious matters will be dealt with in the Crown Court. The length of a trial in the Crown Court will be determined by the number of witnesses and the complexity of the case.

 

6. Sentencing

– Time Scale: Immediate to a few weeks after the trial.

– Description: If found guilty, sentencing may occur immediately or be scheduled for a later date. Sentences for motoring offences can range from fines and points on your license to disqualification from driving or imprisonment for severe cases.

 

7. Appeals (if applicable)

– Time Scale: Within 21 days of the conviction or sentence.

– Description: If you wish to challenge the court’s decision, you can file an appeal. The appeals process can vary in length depending on the complexity of the case and the court’s schedule.

 

Average Time Frame

The entire process, from charge to final resolution, typically takes between 6-12 months, though it can be longer in complex cases or those involving serious offences.

 

Sources

This information is based on data and statistics from the UK government’s Criminal Justice System reports and the Crown Prosecution Service (CPS) data summaries​ (GOV.UK)​​ (Crown Prosecution Service)​​ (GOV.UK)​.

 

For more detailed information, you can visit the UK Government’s website on criminal justice statistics or the Crown Prosecution Service’s quarterly data summaries.

Crown Court Appeals for Motoring Offences

 

When appealing a motoring case in the Crown Court, the most significant cost factor will be your choice of advocate. Depending on your budget and the seriousness of the allegation, we can advise you to instruct the most suitable representation, such as a highly experienced barrister or a less experienced High Court advocate. We will always provide an accurate fee estimate before instructing any advocate to ensure you have a clear understanding of the potential costs, key stages and timescale involved.

The total cost can be between £1,500 +  vat (£300) = £1,800, to £2,000 +  vat (£400) = £2,400. These costs may be higher if you wish to instruct a more experienced, or specialist Barrister.