Our solicitors have decades of experience in protecting our client’s driving licences. Whether you are accused of an alcohol-related offence such as driving with excess alcohol or failing to provide a specimen, dangerous/careless driving or speeding we can provide you with advice and representation anywhere in England and Wales.
Alcohol and drug offences
If you are charged with an alcohol/drug-related offence there are certain circumstances where you may be able to argue that there are “special reasons” why you should not be disqualified from driving.
Motor vehicle interference
Under section 9 of the Criminal Attempts Act 1981, it is an offence to interfere with a motor vehicle or trailer or any of the contents with the intention of stealing the vehicle/ trailer or any of their contents or of taking the vehicle without the owner’s consent.
The maximum sentence is 3 months imprisonment in the magistrates’ court, although the more usual sentence is a financial penalty.
Penalty points
If you are facing disqualification as a result of accumulating 12 points it may be possible to preserve your driver’s licence by making an “exceptional hardship argument” to the court. We can advise you of what is required and your prospects of such an argument succeeding. Follow the link to learn more about driving endorsements and how the penalty points system works.
Disqualification
If you are already disqualified from driving and have been disqualified for a substantial period of time, it is possible to apply to the court to remove the disqualification early.
Expert advice
In addition to our knowledge and experience of road traffic law we have access to some of the best expert forensic scientists, vehicle examiners and crash scene investigators in the country. If you have received a summons to attend court our solicitors can advise you on the likely outcome of your case and, if necessary, defend you in court.
Funding road traffic cases
We have a duty to explore your eligibility for legal aid funding. However, some cases such as simple motoring offences do not attract legal aid and some people, because of their means, are not eligible for legal aid. Alternatively, you may wish to fund your defence privately whether you are eligible for legal aid or not.
In accordance with the SRA Transparency Rules, we now provide the following general information regarding our private client fees and specific information concerning any fixed fee quote for a motoring offence to be met by a guilty plea.
Fixed Fees
We often represent clients on a fixed-fee basis. That fee is calculated on the basis of the amount of work we believe will be involved in a case. For straight forward, not guilty/guilty plea case in our local court (St Albans Magistrates’ Court) our usual fixed- would be £1,050 plus travel disbursements and VAT .
This fee includes:
- Obtaining and considering the prosecution evidence
- Taking your instructions in a pre-court conference
- Considering up to 5-character references
- Advising you regarding the court procedure, strength of evidence, plea and likely sentence
- Representation in court in a single hearing where we are at court for up to half a day
This fee does not include:
- Instruction of any expert witnesses
- Taking statements from any witnesses
- Advice and assistance in relation to a special reasons/exceptional hardship hearing
- Advice or assistance in relation to any appeal
- Travel disbursements for attending court. Mileage is charged at 45p per mile plus VAT*(approximate travel
- disbursements to our local court in St Albans would be £12.20 plus VAT*)
More lengthy and complex cases such as an exceptional hardship argument would usually attract a fee in the region of £1,750 plus travel disbursements and VAT and a trial or a special reasons hearing with no additional witnesses or expert evidence would start at £2,500 plus travel disbursements and VAT.
Typical disbursements consist of mileage to court from our offices in Hemel Hempstead and parking. Where expert evidence is required, the typical cost of a forensic toxicology report would be in the region of £275 plus VAT. Additional fees would be incurred if the expert was required to attend court which would typically be in the region of £500 to £1,000 plus travel expenses and VAT, but could be more depending on the distance involved. It may be possible for the expert to participate in the hearing remotely which would reduce their costs.
Hourly Rates
If we are not representing you for a fixed fee, our hourly rates are as follows:
Senior solicitors Tina Wagon, and Dhiraj Bance – £275 plus VAT
Solicitors Aleksandra Sobieraj – £250 plus VAT
It is difficult to say how long a case will take to conclude as each one depends upon the complexity of the case, the number of witnesses, whether expert evidence is required and the length of time the hearing takes in court and any waiting at court. The following is an approximate guide:
| Driving with excess alcohol, guilty plea, no expert evidence and dealt with in one hearing without a pre-sentence report | 3 hours plus travel at half rate | estimated cost £675 – £750* |
| Speeding, guilty plea | 3 hours | estimated cost £675.00 – £750.00* |
| Exceptional hardship argument with no additional witnesses | 5 hours | estimated cost £1125 – £1,250* |
| Trial/special reasons argument with no additional witnesses or expert evidence | 10 hours | estimated cost £2,250 – £2,500* |
| *plus disbursements and VAT which is currently charged at the rate of 20%. | ||
Typical disbursements consist of mileage to court from our offices in Hemel Hempstead and parking. Where expert evidence is required, the typical cost of a forensic toxicology report would be in the region of £275 plus VAT. Additional fees would be incurred if the expert was required to attend court which would typically be in the region of £500 to £1,000 plus travel expenses and VAT, but could be more depending on the distance involved. It may be possible for the expert to participate in the hearing remotely which would reduce their costs.
Supervisors Tina Wagon and Aleksandra Sobieraj
Recovery of Legal Fees
In the event that you are found not guilty or the case against you is discontinued it is possible to make an application to the court for a Defendant’s Costs Order which allows a claim for a partial refund of costs to be made. However, any such costs will only be refunded at legal aid rates which are approximately one-quarter of private client rates. Please note that we make a nominal administrative charge of £50 plus VAT for assisting you in recovering any legal costs.