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Motoring Offences

Our professional rules require that we should publish guidance as to our fees for minor road traffic matters.

Legal Aid may be available to enable us to represent clients free of charge. You should find out whether Legal Aid is available before considering instructing us on a privately funded basis. Please see the section head “Legal Aid” on our home page or speak to us for further details, or alternatively look at the Legal Aid Agency website.

Sometimes, the Court Duty Solicitor may be able to represent a defendant in Court free of charge.

If you are not eligible for Legal Aid then what follows contains general guidance relating to our fees for the most common minor road traffic offences that are dealt with in the Magistrates’ Court.

More serious road traffic offences and all cases dealt with at the Crown Court fall outside this guidance and we can discuss our fees on request, but legal aid is likely to be available for these types of offences.

“Special Reasons” for Not Disqualifying or Endorsing a Licence with Penalty Points

Special reasons may exist that allow the Court not to order a licence to be endorsed with penalty points or to disqualify a driver. “Special Reasons” concern the circumstances of the offence and must be matters the Court ought properly to take into account when imposing its penalty.

“Exceptional Hardship” and Other Circumstances for Not Ordering a Disqualification

Where a Court imposes penalty points this may in turn also require the Court to disqualify the driver. Typically, this arises where points are added and the driver has then accumulated twelve or more points so that the driver is liable to be disqualified under the “totting up” rules. The Court may find that they need not disqualify (or to disqualify for a lesser period) if the circumstances justify this. Such circumstances can include, for example, where “exceptional hardship” would be caused to the driver or others if the driver were to be disqualified.

The law relating to “special reasons” and “exceptional hardship” is complex and requires advice in the individual circumstances.

The fees mentioned below assume that the case will be dealt with at either Leicester Magistrates’ Court or Loughborough Magistrates’ Court. If a case is to be dealt with at another Court then our fees and disbursements may be different due to the increase in travel time and costs etc. The fees also assume that there are no unusual or exceptional circumstances and that you (and others, where appropriate,) will cooperate with ourselves.

Unless otherwise expressly agreed between us the fee shown below includes:
• Considering evidence.
• Providing advice in relation to plea and likely sentence.
• Where appropriate, advice on whether an exceptional hardship, or special reasons argument should be made.
• Representation before the Magistrates’ Court, and on the assumption that the case will be concluded on the same day.
• Meeting with you so that you may provide instructions.
• Considering the initial disclosure of the evidence from the Crown Prosecution Service and provide initial advice.
• Arranging to take any witness statements necessary (this will have additional costs calculated at the rate of £120.00 plus VAT per hour for each witness).
• We will explain the Court procedure to you (either on the day of your hearing or beforehand if we feel this to be appropriate) so you know what to expect and the sentencing options available to the Court
• We will discuss the outcome with you. If advice is required on an appeal this will carry an additional cost

Please note: We cannot provide a timescale of when your hearing will take place as this depends on the Court listing for that day and other factors.

The fees do not include:-
• The instruction of any expert witnesses
• Taking statements from any witnesses
• Advice or assistance in relation to an appeal

Initial fixed fee appointment: £150.00 plus VAT

We will charge a fixed fee for an initial meeting at our offices (lasting no more than 1 ½ hours) to discuss any charge that has been brought against you, the possibility of applying for Legal Aid, the evidence, the likely outcome, and the Court’s sentencing powers. As appropriate, we will also discuss the possibility of an exceptional hardship argument or a special reasons argument.

Drink or Drug Driving, Speeding Offences, Driving without Due Care and Attention

A guilty plea dealt with on the day: our fee £300.00 plus VAT

Not Guilty Pleas:

Where a not guilty plea is entered, the case will need to be fully prepared for a trial and, representation at the trial itself. The time spent in preparation and the time spent at the trial hearing will vary from case to case. Accordingly, it is not possible to accurately estimate our likely fees without fuller information to the nature of the charge and the evidence etc. We can discuss our likely fees with you. We maybe able to agree a fixed fee with you if you provide us with full particulars. If a fixed fee is not agreed, our fees will usually be calculated on the basis of an hourly fee of £130.00 plus VAT (plus disbursements).

All Other Cases As above, our fees will reflect the work involved and unless, a fixed fee is agreed, it will be based upon an hourly rate of £130.00 plus VAT.

 
 
Black & Co Solicitors, 14 Wood Street, Earl Shilton, Leicestershire, LE9 7ND
Tel: 01455 844005 Fax: 01455 851434