Driving Offences

With constant changes not only to the law and sentencing guidelines, but also the ways that our roads and motorways operate, it's now easier than ever to find yourself on the wrong end of a motoring offence. Options of fixed penalties or awareness courses will eventually be replaced by a court summons and often the first you are aware of the matter is when the relevant paperwork drops through the letterbox.

Our road traffic team have decades of experience in helping and representing those investigated and prosecuted for all manner of driving offences. We can help you from the moment you become aware that you may be charged or summonsed, all the way through to the conclusion of any Court proceedings.

We understand how stressful and upsetting it is to be facing a motoring offence allegation, which could not only cause inconvenience, but in many cases also lead to the loss of your employment and consequently even your home. Driving convictions have far reaching consequences and in some cases can lead to a prison sentence, as well as the loss of your driving licence.

We have established an enviable track record in cases spanning all levels of seriousness and complexity, including:

• Careless Driving
• Dangerous Driving
• Death by Dangerous Driving
• Discretionary Disqualification
• Excess Alcohol
• Failing to Provide Breath/Specimen
• Penalty Points Disqualification
• Restoration of Licence
• Special Reasons Arguments
• Speeding
• Totting Up Bans
• Using mobile phone/device whilst driving

Should you find yourself facing any form of driving offence, however trivial you think the matter may be, call Foster & Coleman for the very best advice and representation.

It is essential that you obtain specialist legal advice at the earliest opportunity so that any potential prosecution can be addressed, whether that be defending the allegation at trial or mitigating your circumstances in order to obtain the lowest possible penalty and minimise the impact on you or your business.

Thorough consideration of the specific facts and legal position relevant to your case can often show that you may have a defence which could negate any fines, points or disqualification. We will explore every aspect to obtain the best possible results and, in some cases, we may be able to help you avoid Court altogether.

We have considerable experience in preparing and advancing successful arguments of ‘exceptional hardship’, where the court are considering a disqualification in cases where penalty points have reached the limit of 12 points.

Steve Foster oversees all our criminal and motoring offences, assisted by other members of staff and where appropriate external Counsel.

The hourly rates for our lawyers vary, depending on their experience. A junior fee-earner is charged at £200 per hour plus VAT and a Senior Solicitor/Director is charged at £330 per hour plus VAT.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as travel expenses, counsel’s fees, medical and experts’ reports. These are generally payable in addition to any legal fees and are charged at cost. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Costs

The total cost of your case will depend on a number of factors. These include, but are not limited to:

• The nature and complexity of the case
• The location of the court and the length of the hearing
• How many witnesses there are and what the issues in the case are
• Whether there is expert evidence or not. If you need to instruct an expert, you will be responsible for their fees
 

Every case is different, so it is very difficult to give an accurate estimate of the costs of your case without knowing anything about it. However, as a ‘fixed fee’ guide:

• Straightforward guilty plea and mitigation – (Magistrates Court) £1,500 -£3,000 plus VAT 
• 2-hour trial (Magistrates Court) - £3,000-£4,000 plus VAT
• ½ day trial (Magistrates Court) £4,000-£5,000 plus VAT
• Full day trial (Magistrates Court) £5,000-£6,000 plus VAT

A fixed fee includes:

• Meeting with you to take your instructions
• Obtaining and considering the prosecution statements
• Taking statements from witnesses
• Advising you on the law, your prospects of success and the court procedure
• Representation at court on the day of your hearing

 

If you are found ‘not guilty’ after trial, we will apply for a costs order. However, the amount awarded would be limited to the amount payable under specified Legal Aid rates, which are considerably lower than our private client rates. This means that you are unlikely to recover the full legal representation costs you have paid to us.

If there are further hearings, in addition to the scheduled date for your trial, there will be additional costs.

In relation to any subsequent appeal proceedings in the Crown Court, it is very difficult to give an accurate estimate of the total fees you are likely to incur, as each case is assessed on its own merits and facts. However, once we have had an initial discussion with you and have been provided with further information, we will be able to give you a more accurate estimate and will keep you regularly updated as the matter progresses. Wherever possible we will endeavour to provide you with a realistic and competitive quote for a fixed fee, which will depend greatly on the level of experience of the barrister instructed to represent you. Counsel's fees generally range between £700 to £1,000 plus VAT per day (including Brief Fee) for attending a hearing (including preparation). The issue of counsel’s fees will always be discussed and agreed with you in advance.

Notable and recent cases where our team have acted include:

• R v M – Death by Careless Driving – Bromley Magistrates Court –Community Order imposed (2018)
• R v W – Death by Careless Driving - Westminster Magistrates Court –Community Order imposed (2019)
• R v M – Drunk in Charge – Wimbledon Magistrates Court – Acquitted (2021)
• R v H – Speeding x 2/Fail to Notify Drivers Details – Wimbledon Magistrates Court - Client liable to penalty points disqualification, but successfully argued that one of offences should be withdrawn and Court agreed – Points and fine only, no disqualification (2021)
• R v L – Speeding – Bromley Magistrates Court - Client liable to penalty points disqualification, but ‘exceptional hardship’ successfully argued – Points and fine only, no disqualification (2021)
• R v G – Excess Alcohol (Breath reading in excess of 120mg with sentence starting point being ‘custody’) – Reading Magistrates Court – Community Order imposed (2022)
• R v W – No Insurance – Bromley Magistrates Court – Client liable to penalty points disqualification, but ‘exceptional hardship’ successfully argued – Points and fine only, no disqualification – (2022)
• R v K – Drive Otherwise in Accordance with Licence, No Helmet, and No Registration Plate – Bromley Youth Court – Representations were made that our client should have been dealt with by the police rather than Court were refused by the police, but successful representations were made at the hearing to the Prosecutor and Court and all charges were withdrawn (2022)

GET IN TOUCH

---

Service Testimonial