Client Information Sheet: MOTORING OFFENCES

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Introduction

 

As part of our professional rules, we aim to ensure that anyone wishing to use our services has the information they need to make an informed choice of legal services provider, including understanding what the costs may be.

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Why instruct Petherbridge Bassra Solicitors?

 

ROAD TRAFFIC OFFENCES

 

The Specialist Road Traffic Team at Petherbridge Bassra are pro-active in fighting for our clients whether conducting a case to trial or offering the best possible arguments to the Court to avoid fines, points or disqualification.

 

No stone will be left unturned to protect your Licence

 

The Specialist Road Traffic Team at Petherbridge Bassra comprise Higher Court Advocates, Solicitors, Paralegals and support staff and you would always be represented in Court by a lawyer experienced in dealing with this difficult area of law.

 

Road Traffic Law

 

Road Traffic offences cover a very wide spectrum from minor offences to the most serious allegations of Causing Death by Dangerous Driving. In most cases points are awarded against the Licence. The award of points over a period of time can lead to serious problems with the potential for disqualification. It is important therefore to consider each and every time when a fine and points might be awarded against your Licence as at the time it may not appear to be a significant penalty but later on if further points accumulate the risk of disqualification can be considerable.

  

Our Road Traffic Law Department covers the following areas:

 

• Careless Driving

• Construction and Use

• Dangerous Driving

• Death by Dangerous Driving

• Death by Careless Driving

• Drink Driving

• Driving Disqualified

• Driver Identification

• Driver's Hours

• Drunk in Charge

• Failing to Stop/Report

• Insurance

• Speeding

• Speed Camera/Radar

• Tachographs

• Taxi Drivers

• Totting Up

• Traffic Signs

• Exceptional Hardship

• Special Reasons**

 

 

Motoring offence, summary only* Guilty Plea

 

Our Fees

 

Fixed Fee:                   From   £500

VAT on above at 20%              £100

Total costs             From £600
 

Factors that could increase the above fees are:

 

1. Additional hearings

2. Complex legal arguments

 

What is included?

 

• Attendance and/or preparation;

• Considering evidence;

• Taking your instructions;

• Providing advice on likely sentence;

• Attendance and representation at a single hearing at the Magistrates Court.

 

What is not included?

 

• Travel for out of town cases

• 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.

• Advice and assistance in relation to an Exceptional Hardship hearing;

 

Expert witnesses

 

Not all matters will require the preparation of an expert report. However, where this is required, we will advise on the choice of a suitably-qualified expert and obtain a quotation. Typically, experts may be called to conduct alcohol back calculations, lung function tests and drug calculations, for example. Expert fees will be charged additional to our fees referred to earlier. This is known as a ‘disbursement’.  We expect you to make a payment on account in advance of us instructing an expert. These reports can vary hugely in terms of cost but typically range between £500 to £1,000 (£600 to £1,200 including VAT) but can be considerably more in certain circumstances.

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Key stages involved

 

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. They typically include:

 

• Meet with your you to provide instructions on what happened;

• Consider initial disclosure, and any other evidence and provide advice;

• 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;

• Conduct any further preparatory work, obtain further instructions from you, if necessary, and answer any follow up queries you have;

• Attend court on the day, meet with you before going before the court.

• Discuss the outcome with you. If advice is required on appeal, this will carry an additional cost.

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How long will my case take?
 

It is very difficult to provide a precise timescale of when your hearing will take place. Summary-only road traffic cases take between one week and three months to conclude depending on the court listings. Most offences of this nature when someone pleads guilty can be dealt with at a single hearing.

 

Most cases of this nature where a not guilty plea is entered will require two hearings: a plea and case management hearing then the trial itself. Depending on how busy the Court is then your trial may not be listed for 2-3 months.

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Our Motoring Offences Team

 

Tariq Hussain

Managing Director and Head of Motoring Offences Department

Tariq originally qualified as a Barrister in 1991 later qualifying as a Solicitor in 1997. As a highly-experienced criminal advocate, Tariq is a specialist in road traffic matters with well over 20 years of experience in the field.  Tariq is a Duty Solicitor and a Higher Courts Advocate. He was a Partner at Petherbridge Hussain between 2000 and 2007 and founding Partner of Opus Law in2004. Subsequently, Tariq became a Partner at Petherbridge Bassra in 2007 later assuming the role of Managing Partner.

 

E-mail: tariq@petherbridgebassra.com
Tel: 01274 724114

 

 

Lisa Julian

Director

Qualifying as a Solicitor in 1996, Lisa is a Duty Solicitor and a Higher Courts Advocate. As a highly-experienced criminal advocate Lisa has extensive experience of all aspects of criminal law including motoring offences. Lisa was a Partner at the practice of Petherbridge Hussain between 2003 and 2007 and subsequently was a founding Partner of Petherbridge Bassra in 2007 where she continues to practise.

 

E-mail: L.Julian@petherbridgebassra.com
Telephone: 01274 724114

 

 

Alan Petherbridge

Consultant Solicitor

Qualifying as a Solicitor in 1981, Alan is a highly-experienced criminal advocate with extensive experience of all aspects of criminal law including motoring offences. Alan is a Duty Solicitor and a Higher Courts Advocate. Alan’s early career was gained at T I Clough and Company in 1982-1996 where he was a Partner and later became Senior Partner. Alan subsequently established the practice of Petherbridge Hussain where he was Senior Partner from 1996 to 2007. With the formation of Petherbridge Bassra in 2007 he assumed the role of Senior Partner.

 

E-mail: alan@petherbridgebassra.com
Telephone: 01274 724114

 

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Last update: November 2023

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* A summary only offence is an offence which can only be tried in the magistrates' court. There are exceptions. Under the Criminal Justice Act 1988 (CJA 1988) offences specified in the Act can be tried on indictment by a jury if they are linked to an offence triable only in the Crown Court. The principal summary only offences are:

• driving whilst disqualified

• careless and inconsiderate driving

• failing to give information as to the identity of the driver

• failing to stop or report, and

• speeding.

 

** Special Reasons pertain exclusively to situations where the accused has been found or has pled guilty and now faces disqualification unless he/she can persuade the Court that the circumstances of the offence are such that it would be unjust to impose a ban.