PRIVATELY FUNDED MOTORING OFFENCES:
Drink driving offence, guilty plea – fixed fee £300 + VAT.
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
taking statements from any 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, of X).
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.
Motoring Offences:
At Grech Gooden Solicitors we specialise in all motoring offences and in particular we have a excellent record in relation to applications to the court to avoid disqualification from driving
CARELESS DRIVING
Driving without due care and attention otherwise known as careless driving is committed where a driver does not exercise a degree of care and attention that a reasonable competent and prudent driver would exercise in the circumstances. Such offences can often occur as a result of an accident or a serious road traffic accident.
DRIVING WITHOUT DUE CARE
The legal definition of driving without due care and attention is “driving a motor vehicle on a road in a manner that falls below what would be expected of a competent and careful driver”. This a fairly loose definition and is often a matter of the Police Officer’s opinion of your driving. As such there is often plenty of scope for argument. Demonstrating to the Court that you were exercising the relevant level of care and skill can involve expert witness evidence and is usually a factual dispute which requires careful cross examination of witnesses at Trial. The credibility of the driver in such cases is usually central to the Trial issue. The quality of the lawyer you instruct is also of the utmost importance when considering the penalties.
You may face a fine, disqualification and will certainly have points added to your licence if you are convicted.
DANGEROUS DRIVING
Dangerous driving is a serious charge. The penalties for dangerous driving in the Magistrates Court are a fine of up to £5,000.00 and up to 6 months imprisonment. In the Crown Court drivers face the prospect of an unlimited fine and up to 2 years’ imprisonment.
In both Courts drivers will usually face a disqualification for driving for a minimum of a year and the Court could order that you re-take your driving test.
The offence of dangerous driving is governed by the Road Traffic Act 1988 Sections 1 and 2. While there are many different types of conduct which may amount to dangerous driving the most common include:-
i. Excessive speeding ii. Speeding in a built up area particularly near schools and hospitals iii. Using a map or reading at the wheel iv. Using a mobile phone to make or receive calls or send a text
The representation of an expert road traffic lawyer may be the difference between a charge of dangerous driving and a lesser charge of driving without due care and attention or careless driving.
POLICE INTERVIEW FOR DANGEROUS DRIVING
If you are arrested for dangerous driving you will most likely have to attend a Police interview. You have the right to legal advice before and during the interview. It is important that you contact us as early as possible.
DEATH BY DANGEROUS DRIVING
Death by dangerous driving is a very serious charge indeed since a conviction carries with it the possibility of a severe penalty – up to 14 years’ imprisonment. In addition you will face a lengthy disqualification from driving and a potentially unlimited fine. If you have been charged with causing death by dangerous driving your liberty is at stake along with your licence.
When defending a charge of dangerous driving given the gravity of the offence and potentially serious penalty, it pays to have expert motoring solicitors to assist in your case.
SENTENCES FOR DEATH BY DANGEROUS DRIVING
The most serious sentence is up to 14 years’ imprisonment. Lengthy sentences will be metered out in cases where there are no mitigating factors and the accused bears the brunt of the blame for the incident. In cases where there is less blame attached, or there is mitigation, a sentence of 2 to 7 years may be considered appropriate.
DRINK DRIVE
Our specialist motoring solicitors regularly advise and represent drink and drug related offences. They include the following:-
i. Driving or attempting to drive when unfit through drink or drugs ii. Driving a vehicle whilst over the prescribed limit or under the influence of drugs iii. Being in charge of a vehicle over the prescribed limit of alcohol or under the influence of drugs iv. Causing death by careless driving when under the influence of drugs
As experienced motoring solicitors, we will analyse your case thoroughly and advise you of any defence, special reasons or mitigation that is relevant to your case. Using our specialist experience, we can represent you effectively in Court, advising on where necessary, expert scientific witnesses to challenge the reliability and accuracy of intoximeter and breath analysing devices.
If you are convicted and sentenced to a drink driving related matter we can represent you on an Appeal in the Crown Court. There are strict time limits (see above).
USE OF MOBILE PHONE
The offence of driving whilst using a mobile phone which is one that is becoming increasingly common given the increased use of mobile phones and increased focus on the offence. This is now one of the most common offences on which we offer advice and representation. While this may seem a straight forward offence, in reality it has many shades of grey. The key question is what constitutes “use” of a mobile phone. This may be difficult to prove in a great many cases.
“Use” is also constituted by sending or receiving text messages or emailing whilst driving.
Ultimately if the Prosecution cannot prove that you used a mobile phone when driving you will be acquitted of the offence.
Given the potential consequences it is important to take specialist legal advice at an early stage.
Driving without a licence or insurance
Motor Vehicle document offences
In addition to the above, there are a wide variety of motor related document offences all of which may result in criminal sanctions. Professional drivers in particular need to pay attention to their vehicle documentation and ensure that it is all present, correct and up to date.
As experienced motoring solicitors with a proven track record of defending road traffic cases, our representation and advice can be the difference between disqualification and a lighter sentence. If your livelihood is at stake, why risk it?
EXCEPTIONAL HARDSHIP
Losing your licence can have a very serious impact on your ability to earn a living or look after your family. If losing your licence is likely to cause serious detriment to your life or the lives of others the Court may accept an argument of “exceptional hardship”.
Totting up provisions
The majority of driving offences involve the imposition of penalty points. Rather than a disqualification being imposed by the Court, most driving bans are the result of the accrual of penalty points. If you are facing a ban as a result of totting up, it is vital that you have the right advice from experienced motoring Solicitors at the right time.
Avoiding a ban
If you are at risk of accruing 12 points or more within a 3 year period you may face a mandatory 6 month ban. The Courts are obliged to disqualify you for this period however there may be exceptional circumstances in which the Court may not disqualify you.
Our experienced motoring solicitors endeavour to persuade the Court not to disqualify you if there are exceptional hardship or special reasons which apply in your case.
Again getting the right advice at the right time could mean the difference between a disqualification and a lighter sentence.
Speeding Offences
The sentence for speeding can vary between three penalty points and a disqualification from driving. A speeding sentence can include a fine of or up to £4,000. The prosecution must always satisfy the court to the criminal standard that the drive was on the offence date guilty of the offence of speeding. This means that they must satisfy the court so that even the lay bench or district judge is sure of that individuals guilt. Nothing less will suffice.
It is always open to any driver who has been charged, summonsed or provided with a fixed penalty notice to deny his or her guilt.