The use of mobile phones in vehicles has long been under the spotlight. It has been illegal to use a mobile phone whilst driving since 2003. We have seen penalties gradually increase since the introduction of the offence in 2003 when penalties were...
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Road traffic, motoring & driving offence solicitors - lawyers
Our motoring offence solicitors have decades of experience in successfully protecting people’s driving licences, with clients across England and Wales Stephensons are the firm to contact if you need a specialist motoring defence solicitor, whether you have been accused of drink driving, speeding, careless driving or even causing death by dangerous driving our driving offence solicitors can advise and assist you. Call 01616 966 229 to speak with a member of our specialist motoring offences team.
Motoring offences are a common occurrence and a particular hazard for business people on the move, our expert motoring solicitors represent clients nationwide and have an excellent track record in helping people retain their driving licence. Even in cases where a disqualification is mandatory, reducing the length of time spent disqualified can get people back working several months earlier than they would otherwise.
Motoring offence advice - Why choose Stephensons?
Paul Loughlin is a specialist motoring offences solicitor with over 10 years of experience, here he talks about the services offered by Stephensons and why he would confidently recommend them to his family and friends.
Paul also discusses why he feels the service offered by Stephensons is value for money as well as highlighting the need to instruct a legal team who specialise in motoring offences if accused of such an offence.
Driving offence advice
Sometimes a motoring offence may be minor; other times it could be far more serious with potentially devastating consequences. If you have received a notice of intended prosecution or have been contacted by the police we can advise you on the best course of action to take. It is always best to contact us early as some options, such as driver awareness courses, are not available once a court date has been set. If you have been summonsed to court our solicitors can provide you with information on the likely outcome of your case and, if necessary, defend you in court, especially if you face a driving ban / disqualification.
For advice from our specialist motoring offence team please call 01616 966 229.
Motoring offences - areas of specialism
Our specialist motoring offence solicitors can advise on a wide range of offences including but not limited to:
Driving offences FAQs
What should I do if I receive a Notice of Intended Prosecution from the Police?
Contact us immediately and speak to one of our lawyers before you complete and return any paperwork to the police. We will have a look at the notice that you have received and ensure that the notice complies with the legal requirements. We will advise you on whether to complete it or not and how to complete it, if necessary. Many technical defences are dependent on this part of the process being carried out correctly by the police. Speak to a lawyer today about this.
What if I haven't received the notice of intended prosecution within 14 days?
Section 1 of the Road Traffic Act requires a notice of intended prosecution to be served on the registered keeper of a vehicle within 14 days for most types of motoring offences. There are however, exceptions to this rule, such as:
- If, owing to the presence of your vehicle on a road, an accident has occurred
- You were given a verbal warning by the police at the time of the offence
- You have been offered a fixed penalty
- The offence itself is an exception to the rule due to a statutory provision
What if I'm not sure who the driver was?
If the registered keeper of the vehicle is a company then Section 172 of the Road Traffic Act 1988 imposes an obligation to keep records of who is driving the vehicle unless it is unreasonable to do so. If the keeper is an individual then he/she must take all reasonable steps to establish who was driving. Gathering and presentation of evidence is vital for such defences to be successful. If you are not the registered keeper then the prosecution must prove that the information they are asking you for in the Notice is "within your power to give". To mount a challenge on this ground important tactical decisions must be made in preparing your case. We have to the experience to make these decisions for you.
What if the police say that they want to speak to me about a driving incident?
Tell them you want to take legal advice first. Often the police will ask you for an informal chat to "get your side of the story". Don't be fooled. You are likely to find that when they arrive they caution you before asking you questions. Very often the police rely on you admitting that you were the driver or making some other comment that makes their lives easier. If we are able to intervene at an early stage in the process then the chances of winning your case are much greater as this is often the most vital stage in the process. Call our team before you say anything and speak to us before you speak to the police. It's your legal right to do so.
If I do go to court am I likely to be disqualified?
Driving with excess alcohol and dangerous driving carry an obligatory disqualification for a minimum of 12 months and in the case of dangerous driving an extended retest must be passed at the end of that period.
For any offence that carries points the court have a discretionary power to disqualify. In speeding cases the courts will consider a disqualification when the speed alleged is 30mph above the speed limit. With these sorts of offences each case will be judged on it's individual merit but generally the court will take into account the seriousness of the offence (eg how fast, other "aggravating features"), mitigating factors relating the offence or the defendant, previous convictions and a defendant's means.
If a driver gets 12 points within a three year period then he/she falls to be disqualified under the totting up provisions for a period of 6 months. However we can help "totters" avoid a ban if it can be shown that they would suffer exceptional hardship. This requires thorough preparation and gathering of evidence and it is important that the case is presented to the court in an appropriate manner. We have many years of successful experience with cases like this.
Although every case is different if you explain the circumstances of your case to one of our lawyers we can give you an indication as to what you can expect to receive by way of punishment. We can put your mind at rest or warn you if we think you have something to worry about!
We charge based on both fixed fees and hourly rates depending on the complexity of the matter. The range of fees for defence against motoring offences are:
Penalty points speeding (guilty plea)
Between £600 and £900 for written representations by post
Totting up 12 penalty points (guilty plea, exceptional hardship)
Between £1,620 and £2,040
Speeding offences where there is a risk of disqualification (guilty plea)
Between £1,440 and £2,040
Drink and drug driving (guilty plea)
Between £1,440 and £2,040
Failing to provide a specimen (guilty plea)
Between £1,440 and £2,040
Drink driving/drug driving (not guilty)
Between £4,200 and £7,800
Failure to provide a specimen (not guilty)
Between £4,200 and £7,800
All not guilty plea estimates are based on the matter concluding after representation at court where the hearing has been designated for a trial listed for one day. We offer fixed fees wherever possible but from time to time we may have to operate on the basis of an hourly rate ranging from £235 per hour to £345 per hour - the vast majority of cases can be dealt with on the basis of a fixed fee. A particularly complex matter or a matter that will need to be dealt with in the Crown Court would be dealt with by way of an hourly rate. Fixed fees include taking statements from, and examination of witnesses.
All prices quoted are inclusive of VAT. Call our specialist motoring offence solicitors on 01616 966 229 .
Third party costs, including barrister’s fees will be included within any fixed fee package unless stipulated otherwise.
Each case falls on its own facts and additional third party costs may be necessary dependant on the issues/length of proceedings. Where an expert witness is required, the costs associated with this are dependent on the issues in the case and may need to be added to any of the above estimates of fees - expert fees can be variable, from £300 plus VAT and in very rare cases around or in excess of £1,000 plus VAT. It may also be necessary to obtain more than one expert report depending on how the case progresses.
How long will it take?
For guilty plea cases, this will depending on the court date for the final hearing. For not guilty pleas the average timespan is 3- 6 months.
What qualifications do the team hold?
All motoring offence work is supervised by a qualified solicitor. Specific experience can be seen looking at the profiles of each team member.
Key stages when entering a guilty plea:
These are the key stages and they are included within our prices:
- Initial meeting to take detailed instructions to assist with drafting full statement
- Unlimited contact with your case handler throughout the case
- Corresponding with and reviewing information and evidence received from prosecution and courts where necessary
- Advice regarding the court process, what to expect and the sentencing options available to the court
- Taking statements from, and examination of witnesses if necessary
- We will conduct any further preparatory work, obtain further instructions from you if necessary and answer any follow up queries you have
- Detailed guidance on what character references should address
- Representation at court
- Advice and assistance regarding result and what happens after the hearing/conclusion of the case
It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.
The national law firm, Stephensons has been shortlisted in three categories at the forthcoming Modern Law Conveyancing Awards . Stephensons is in contention for Regional Conveyancing Firm of the Year – North of England, as well as National...
Motoring Offences reorder
- Sean Joyce
- Paul Loughlin
- Brea Carney-Jones
- Jessica Macaulay
- Cameron Stubbs