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Losing your driving licence could have a substantial detrimental impact on numerous aspects of your life, your job, your family and your social life. It makes sense that to remain in the driving seat that you seek legal advice.

Whatever the circumstances, whether you have been arrested or interviewed by the police, or received a postal requisition through the post, make sure you have legal representation from the start. Don’t be tempted to leave it until it is too late.

Call us as soon as possible if you are accused of a motoring offence for an appointment and we can discuss your individual circumstances.

Some of the offences which you may be accused of are

Driving under the influence of drink or drugs – usually carries a penalty of disqualification for at least 12 months. The court will also impose a fine or worse. In certain circumstances it may be possible to reduce the length of the ban, or even avoid it altogether, by putting forward ‘special reasons’. We can advise you on this.

Dangerous or careless driving – cover a wide range of poor driving, from clipping a car or pulling out without checking through to excessive speed or a police chase, with an equally broad spectrum of penalties. If you are found guilty of dangerous driving the sentence can include imprisonment and you will be banned for at least a year and have to take an extended retest.

Speeding offences – if you have not been stopped by the police, for example if you are caught by a speed camera, you will receive a Notice of Intended Prosecution and it is at this stage that you should call us. For company cars, the court will expect the business owner to have a system for recording who is driving a vehicle at a particular time. Failure to respond to the request to name the driver of the vehicle could result in points on your licence, or even a ban.

Failure to stop and report an accident – if you have an accident, however minor, and cause damage to someone’s property, you are legally required to stop and exchange contact details with the other person. If you cannot, for example if you cannot locate the owner of the other vehicle, you must report the accident to the police as soon as reasonably practicable (always within 24 hours). Failure to do so is a serious offence and can even result in a sentence of imprisonment. At least 5 points would have to be put on your driving licence

Totting up penalty points – accumulating a total of 12 penalty points in any 3 year period usually means a disqualification of at least 6 months. However, it is possible to reduce the length of any ban, or even avoid one altogether, in a number of circumstances, for example, to prevent you losing your job as a result of a ban. We can advise and assist you with this.

The Police and Criminal Evidence Act provides for free and independent advice for anyone detained in police custody. You are entitled to your choice of solicitor, so you can ask the police to contact Elliot Mather on your behalf. We operate a 24hr call out system which means that representation from our expert team can be requested at anytime of the day or night.

Out of Hours Emergency Phone Numbers

Chesterfield - 07717802850
Derby - 07776240152
Mansfield - 07741592301
Nottinghamshire - 07741592301

Pricing

DRINK DRIVING / FAIL TO PROVIDE / DRUNK IN CHARGE /DRUG DRIVING

Drink driving reading between

  • breath 36-89
  • Blood 81-206
  • Urine 108 - 274

Guilty plea £395.00 plus VAT

Drink driving between

  • breath 90 and above
  • Blood 207 and above
  • Urine 275 and above

Guilty plea £500 plus VAT

SPEEDING / FAILING TO PROVIDE DRIVER DETAILS (s172)

No exceptional hardship or risk of disqualification

Guilty plea £295 plus VAT

Risk of disqualification through exceptional hardship application or excessive speed.

Guilty plea £500 plus VAT

DRIVE WITHOUT DUE CARE AND ATTENTION / FAIL TO STOP / FAIL TO REPORT

Guilty plea £395 plus VAT

The above price includes the following

  • Two hours attendance and preparation
  • Consideration of evidence
  • Taking instructions
  • Advice on plea and likely sentence
  • Attendance and representation at a single hearing at the Magistrates Court.
  • Advice on the merits of an appeal

This does not include

  • Instructions of expert witnesses
  • Taking statements for any witnesses
  • Advice and assistance on special reasons hearing
  • Assistance in relation to any appeal.

The key stages of your matter are based on the presumption that you will enter a guilty plea and have a date for your hearing. The key stages are usually:

  • Meet with your solicitor to provide instructions on what happened
  • We will consider initial disclosure and any other evidence and provide advice.
  • Arranging to take any witness statements if necessary (this will have an additional cost of £100 plus VAT)
  • We will explain the court procedure to you so you know what to expect on the day of your hearing, and the sentence options available to the court.
  • We will conduct any further preparatory work. Obtain further instructions from you if necessary and answer any follow up questions you have
  • We cannot provide a timescale of when your hearing will take place as this depends on the court listing for the day.
  • We will attend court on the day and meet with you before the court hearing. We anticipate being at court for half a day. Should this be exceeded there will be an additional cost of £150 plus VAT
  • We will discuss the outcome with you and advise on the possibility of an appeal. If you wish us to assist in the preparation and conduct of your appeal, this will carry and additional cost.

DRINK DRIVING / FAIL TO PROVIDE / DRUNK IN CHARGE / DRUG DRIVING

Not guilty plea/ special reasons for drink drive

  • Half day trial (3 hours advocacy) £900 plus VAT
  • Full day trial (up to 6 hours advocacy) £1,250 plus VAT

SPEEDING / FAILING TO PROVIDE DRIVER DETAILS (s172)

Not guilty plea

  • Half day trial (3 hours advocacy) £900 plus VAT 
  • Full day trial (up to 6 hours advocacy) £1,250 plus VAT

DRIVE WITHOUT DUE CARE AND ATTENTION / FAIL TO STOP / FAIL TO REPORT

Not guilty plea

  • Half day trial (3 hours advocacy) £900 plus VAT
  • Full day trial (up to 6 hours advocacy) £1,250 plus VAT

The above price includes the following

  • All of the above for the guilty plea
  • Taking detailed proof of evidence, defence witnesses statements
  • Attendance at initial hearing and subsequent hearings.

This does not include

  • The cost an expert witness report.

NB- should you wish to request a Partner or Senior Solicitor there will be an additional cost to the above of £100 plus VAT per fixed price.

Our Team

Simon King

Simon King

LLP Member and Head of Department
Julie Page

Julie Page

LLP Member and Head of Department
Steve Brint

Steve Brint

LLP Member
Sarah Neale

Sarah Neale

LLP Member
Joe Harvey

Joe Harvey

Senior Associate Solicitor
Felicity Coats

Felicity Coats

Associate Solicitor
Chris Lacey

Chris Lacey

Solicitor Advocate
Serena Simpson

Serena Simpson

Solicitor
Laura Cook

Laura Cook

Accredited Representative
Katie Hempstock

Katie Hempstock

Trainee Solicitor
Alice Radford

Alice Radford

Paralegal

Ask us a Question

Or if you would prefer to email, send it to Enquiries@elliotmather.co.uk

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Elliot Mather LLP maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.

Registered Office: St. Mary's Court, St. Mary's Gate, Chesterfield, Derbyshire, England, S41 7TD

VAT Number: 126 3019 03

Regulatory Notice: Elliot Mather LLP is a limited liability partnership. Partnership number OC321320.

Authorised and regulated by The Solicitors' Regulation Authority. To view code of conduct visit www.sra.org.uk/code-of-conduct.page

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August 5th 2019 at 9:15am