Road Traffic Law

Having a criminal conviction is one thing but losing your driving licence through disqualification or as a result of obtaining twelve or more penalty points over two years can be just as distressing and have a much bigger impact on you and your family. Hundreds of thousands of people each year are prosecuted and sometimes arrested in relation to driving offences. Whether you have received an Intended Notice of Prosecution, a Summons or have even been charged at a police station you could face having penalty points endorsed on your licence. Courts also have the power to impose a custodial sentence for those caught driving whilst disqualified. Can you afford not to have your driving licence?

The Road Traffic Offenders Act 1988 is the legislation that most lawyers are aware of as it sets out the offences and the penalties set by law for being found guilty of those offences. But did you know that the Courts have a wide power to disqualify offenders regardless of whether a motor vehicle is involved in the commission of an offence (section 146 Powers of Criminal Courts (Sentencing) Act 2000) but that this power cannot be used "arbitrarily"? Did you know that in some areas of the country there is provision for an alcohol ignition lock which could reduce your disqualification by as much as half? H.P. Gower Solicitors prides itself on knowing the most up to date legal information to assist our clients and a great deal more.

If you need advice on motoring matters please do not hesitate to contact H.P. Gower Solicitors. As experienced Motoring Law Solicitors, we could make the difference between you losing and keeping your licence. You can be sure that by instructing this firm you will understand the law, procedure and all of your options and be confident that we will obtain the best possible outcome for you.

Here is just a small sample of our experience.

R v H This client appeared in the Magistrates' Court charged with fraud relating to the fraudulent use of a disabled parking permit. He did not have any previous convictions and pleaded guilty at the first opportunity. The client was fined and disqualified from driving for 8 weeks under section 146 Power section 146 Powers of Criminal Courts (Sentencing) Act 2000. We appealed and were able to persuade the Court that the imposition of a disqualification was arbitrary in these circumstances and had the disqualification quashed.

R v D This client appeared charged with speeding and pleaded guilty giving him 12 penalty points in two years. We were able to amass substantial evidence relating to how the loss of his licence would mean "exceptional hardship" in his particular circumstances and were able to persuade the Court not to disqualify him from driving.

If you are eligible for Legal Aid we will advise you of this and can help you to make the appropriate application. You are, however, unlikely to be able to obtain legal aid for driving offences which are summary only (those that can only be dealt with in the Magistrates’ Court).

For offence such as these our hourly rates are:

• Partner - £250 per hour + VAT
• Solicitor - £220 per hour + VAT
• Non qualified staff - £180 per hour plus VAT

In some cases we will be able to officer a Fixe fee but this is subject to an initial assessment to establish that the case is suitable for this sort of fee. This is based on a number of factors including the complexity of the case, where it is being heard and the likely plea.

If your case is suitable for a fixed fee our fixed fees for summary only motoring offences are:

• Attendance at a single hearing at a Court within the M25 to deal with a guilty plea and mitigation - £500 + VAT (and, where appropriate, travel disbursement)
• Attendance at a single hearing at a Court outside of the M25 to deal with a guilty plea and mitigation - £500 + VAT (and, where appropriate, travel disbursement)

The fixed fee is based on an estimate of around 3 hours total preparation and attendance time plus representation at a single Court hearing. If we have represented you at a first hearing on a fixed fee basis and your case is then adjourned to anoth3er date (for sentence or a special reasons/exceptional hardship argument) our normal hourly rates would then apply for the subsequent hearing(s).

Should you wish to discuss a fixed fee we would be happy to discuss this on a case by case basis.