Potential Driving Disqualification: “totting up” Of Penalty Points

Pricing

We charge a fixed fee which, dependent on the seriousness of the matter and the likely work involved, will be between £1,250 and £5,000 plus VAT @ 20%.

There may also be barrister’s fees. The instruction of a barrister will be discussed and agreed with you in advance. The barrister’s fee is likely to be between £500 and £3,000 plus VAT @ 20%.

THE FEE IS BASED ON A GUILTY PLEA AND INCLUDES:

a. Providing legal advice on the charge against you pre-court summons (or postal requisition);

b. Reviewing and advising your circumstances and evidence in support of exceptional hardship case;

c. Taking and drafting a proof of evidence/witness statement from you (ie, your version of events and personal circumstances);

d. Taking and drafting proofs/witness statements of any third party who may assist your case (ie, family, friends, employer) (max. 3);

e. Researching and obtaining any supplementary material which would assist your case of exceptional hardship;

f. Preparing a bundle of documents to be referred to in court to support your case;

g. Representing you at the first hearing in the Magistrates’ Court, entering your plea to the driving charge and thereafter making submissions of exceptional hardship on your behalf.

WHAT DOES THIS FEE ASSUME/EXCLUDE:

  • That a guilty plea has been or will be entered in relation to the driving offence and you have a date for your hearing.
  • That you will have accrued 12 or more live penalty points once you plead guilty to the driving offence.
  • The prosecution, police, HMCTS (Court service) and client will deal with matters expeditiously.
  • The matter can be dealt with in one attendance at the Magistrates’ Court, matters adjourned as a result of further speeding offences or adjournments by the court for whatever reason, a further charge will be incurred for each additional attendance required at court.
  • If material is disclosed before or at the first hearing which indicates that a not guilty plea is appropriate the matter will not be concluded at first appearance.
  • That you will communicate with us when asked to and provide full instructions when required.

If any of these key assumptions are incorrect or change over time, we will need to provide you with a revised scope of work, revised timetable and revised fee.

To help avoid any misunderstanding, we bring to your attention the fact that that we are not providing you with any advice on any of the following:

  • Attendance on or dealing with the press.
  • Booking on a speed awareness course.
  • Taking proofs of more than 3 witnesses.
  • Advising on the merits of an appeal to the Crown Court should your case be unsuccessful.
  • Attendance after court for the purpose of fines enforcement.
  • Attendance at court when produced in custody following a failure to appear on bail or response to a summons.
  • Any appeals against sentence.
  • Representation or any drafting involved in an appeal against sentence.

If applicable, we will price these and any other requirements separately for you.

When necessary, we will, in consultation with you obtain such additional advice as is required from appropriately qualified third parties. Experts fees are not included in the fixed fee.

Please note that if a not guilty plea is to be entered the fee will likely be higher than the above figures. The amount of the fee will depend on such things as the issue generally, whether complex areas of law are involved, number of witnesses, and the length of the trial.

Our Team

Nils O’Donoghue

Based: Huddersfield and Halifax Offices.

Nils joined Chadwick Lawrence in May 2011, becoming an Associate with the firm in October 2015, and a Partner in October 2017. Nils has 10 years PQE experience. Nils helps businesses and individuals with their regulatory and compliance issues both on a contentious and non-contentious basis.

Nils has an enviable success rate in motoring law matters and regularly acts for individuals who find themselves being prosecuted by the Police for speeding, drink driving and other various motoring law offences.

Nils also advises individuals who are being interviewed under caution by the Police and other prosecuting bodies, and also has experience of advising both individuals and businesses who are being investigated or prosecuted by Trading Standards, the CQC, the FCA, HM Revenue and Customs, Local Authorities and The Health and Safety Executive, import and export issues.

Nils’ hourly rate for motoring matters is £280 plus VAT @ 20%.