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Criminal Law Services...

Magistrates’ Court Road Traffic Offences

We have staff who take a particular interest in representation for all types of Road Traffic Law, be it speeding or allegations of careless or dangerous driving.

Matthew Coxall has many years specialist experience in defending road traffic offences in the Magistrates’ Court including, but not limited to:

• Excess alcohol – drink/driving – blood/urine
• Drunk in charge of a motor vehicle
• Failing to provide a specimen of breath/blood/urine for analysis
• Drug driving
• Speeding
• Careless or dangerous driving
• Failing to stop/report an accident
• No insurance (and other road traffic document)
• Driving licence offences
• Use of mobile phones in a motor vehicle
• Driving whilst disqualified
• Failing to provide driver identity information
• Totting-up/12 point disqualification issues
• Exceptional hardship arguments
• Special reasons representations

He has regular and extensive experience of advising and representing motoring offence clients at the Magistrates’ Court.

 

Costs indication

The cost of advising you or representing you in the Magistrates’ Court in relation to your particular road traffic case will vary depending upon its complexity and your own particular needs. Some cases can be simple and straightforward and are resolved quickly.  Other cases cannot be.  Indeed sometimes seemingly straightforward road traffic cases at the beginning develop unforeseen complications before they can conclude.

Unfortunately legal aid is rarely available for most driving offence cases where you are unlikely to face a custodial sentence. We will however look at each case and try to establish whether you might be able to obtain funding through legal aid or through a motoring or other insurance police.

We charge £180.00 plus vat at 20% (£36) for an initial view of your case papers and a consultation (whether remote or in person). No disbursements are incurred at this stage. A fixed fee consultation does not include representation at a hearing. It can include a follow up letter or telephone conversation with you.

A fixed fee plea or sentence hearing where the matter concludes on that day will cost £300 plus vat at 20% (£60) to £400 plus vat at 20% (£80) depending on location. This includes disbursements such as a mileage (charged at 45p per mile plus vat at 20% - 0.9p) and car park (charged at cost plus vat charged at 20%). A fixed fee hearing does not include representation at trial but may include a follow up letter or telephone conversation with you.

Fees for trial are usually fixed at £1500 plus vat at 20% (£300) to £2000 plus vat at 20% (£400).

These estimates depend on the type of case being conducted. The estimate would include the fees of a barrister (including their vat at 20%) which we would pay from the fixed fee. Barrister fees vary depending on the type of case presented but we pay those from the fixed fees. The fixed trial fees would also include disbursements such as mileage paid at 45p per mile plus vat at 20% (0.9p) and car park paid at cost plus vat at 20%.

Should any expert witness be necessary then those fees would be charged on top as a disbursement. Expert's fees vary considerably depending on the type of case but a typical expert may charge around £1000 plus vat at 20% (£200) for a report. It should be kept in mind that expert fees vary depending on the subject matter/expertise required. We would not incur such fees without your agreement and only if strictly necessary to advance your case.

A fixed fee trial would include all necessary preparation, attendances, correspondence and representation at trial. It would not include representation at an adjourned sentence date, committal to a higher court for sentence or representation at appeal. It would include a follow up letter and/or advice on appeal rights and the lodging of the appeal paperwork.

 

Timescales

We can typically review case papers within 24 hours of instruction and arrange a consultation within 48 hours (sooner if the matter is urgent). This is dependent on you retaining us by paying the required fee on account of costs for such work.

Other timescales relate to matters outside of our control but relevant timescales include:
• 14 days for the police to service Notice of intended prosecution which runs from the day after the date of the alleged offence.
• 28 days from date of receipt of such a notice to supply driver information to police
• 6 months for the police to issue proceedings for most (but not all) traffic cases
•  trial/sentence date fixed by the court within a reasonable amount of time, i.e. no excessive delay. Please note that the pressures on the court system are well known and it may take a considerable amount of time for a case to be listed. We are unable to advise on the length of time you may have to wait as such is out of control/knowledge and depends on the court venue.

For criminal matters, please Contact Us in order to discuss how we can help you.