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Criminal motor defence

Our criminal motor defence team is made up of specialist lawyers who have extensive experience of advising drivers, insurers and corporate clients in the aftermath of serious motoring incidents.

Our service includes:

  • Prompt advice in the immediate aftermath of a serious collision;
  • Attendance at police station interviews under caution;
  • Liaising with the police about the return of property and further interviews;
  • Advice on the charges faced, prospects of successfully defending those charges and potential penalties;
  • Representation in court in the event that charges are brought; and
  • Attending inquests to support drivers who are called to give evidence and report on evidence to insurers.

The team has expert lawyers with experience of criminal motor defence cases based in our offices throughout the country meaning that we can provide a truly national service.

We work in conjunction with our motor claims colleagues to share information where possible and avoid unnecessary duplication of costs. This allows early and accurate reserving decisions to be made and assessments of liability.

One of the Partners within the team, Martin English, has independent LEXCEL quality accreditation for providing advice and assistance at interviews under caution and providing advocacy assistance in the magistrates court. 

Martin is ranked in Legal 500 for his expertise, with the following published client feedback in the 2023 Edition:

‘Martin English – what a great lawyer. A bright and knowledgeable individual whose commitment to his clients is unparalleled.’

Examples of our cases include:

  • Representing a driver sentenced to 2 years’ imprisonment for causing death by dangerous driving. The Prosecution, through the Solicitor General, made an application to the Court of Appeal that the sentence was unduly lenient. This application was resisted despite the 90% success rate associated with such applications. The Court agreed that the sentence was not unduly lenient in light of the powerful mitigation advanced on behalf of the driver.
  • Acting for a driver charged with death by dangerous driving following a fatal collision caused by driving through a red light. The driver was initially sentenced to 8 months’ imprisonment but the Judge accepted that this sentence had been handed down in error and a suspended sentence was imposed.
  • Representing a driver charged with two counts of causing serious injury by dangerous driving in a complex case involving five different experts. The driver had an unexplained blackout prior to the incident which caused him to suddenly lose control and drive across the opposite carriageway.
  • Acting for a local authority in relation to a serious collision arising from a road rally event in 2023. This involved advising on the local authority’s responsibilities associated with the organisation of the event and the roles of the police, HSE and local authority Environmental Health Officers in investigating the incident.
  • How we determine our price

    This section applies to our advice to you in respect of a motoring offence with which you have been charged.  It applies only where the offence in question is a “summary” offence, in other words, an offence which would normally be dealt with in the Magistrates’ Court.  Examples of such offences include: driving whilst disqualified; driving without insurance; careless and inconsiderate driving; driving whilst unfit (alcohol or drugs); failing to give information as to the identity of the driver; failing to stop or report; and speeding.

    We have set out below the fees that we would typically charge for handling your case:

    Fee (excluding VAT)
    The below represent our average
    What services are, or are not, included?

    Type of offence

    Driving whilst disqualified:

    Trial £2,000-£5,000
    Guilty plea £1,500-£1,850

    Driving without insurance:

    Trial £2,000-£5,000
    Guilty plea £1,500-£1,850

    Careless driving:

    Trial £3,000-£5,000
    Guilty plea £1,500-£1,850

    Driving whilst over the prescribed limit; drink or drug driving – including in-charge and failure to provide a specimen:

    Trial £5,000-£8,000
    Guilty plea £1,500-£1,850

    Failure to provide information (driver ID):

    Trial £2,000-£5,000
    Guilty plea £1,500-£1,850

    Failure to stop (report accident):

    Trial £2,000-£5,000
    Guilty plea £1,500-£1,850

    Speeding:

    Trial £3,000-£5,000
    Guilty plea £1,500-£1,850

    VAT is charged in addition at 20%.

    On a guilty plea:

    Services included:

    1. Considering evidence
    2. Providing advice in relation to your plea and likely sentence
    3. Advising you on the options available to the court in relation to sentencing
    4. Advising you on whether you should make an exceptional hardship, or special reasons argument
    5. Representation at a single hearing.

    The following would not be included:

    1. The instruction of any expert witnesses
    2. Taking statements from any witnesses including character references
    3. Providing advice and representation in relation to a special reasons hearing or an exceptional hardship hearing
    4. Any hearing at which you admit the offence but not all the facts (a Newton Hearing)
    5. Any advice on appeal
    6. Any fine imposed by the court, surcharge or order for costs made in favour of prosecution.

    For representation at trial:

    Services included:

    1. Considering evidence
    2. Providing advice in relation to your plea and likely prospects of success
    3. Advising you on the options available to the court in relation to sentencing
    4. Written plea and case management
    5. Minimum attendance/preparation for trial of two hours
    6. Representation at a single half-day trial hearing.

    The following would not be included:

    1. The instruction of any expert witnesses
    2. Taking statements from any witnesses including character references
    3. Providing advice and representation in relation to a special reasons hearing or an exceptional hardship hearing
    4. Any hearing at which you admit the offence but not all the facts (a Newton Hearing)
    5. Any representation in person at a case management hearing
    6. Any fine imposed by the court, surcharge or order for costs made in favour of prosecution
    7. Any work following the conclusion of your final hearing.

    Please note that the fee ranges stated above reflect the work that we would expect to carry out in respect of a typical guilty plea or trial case and, where appropriate, is based on the following assumptions:

    • That you have a hearing date already listed
    • That your case is not adjourned requiring further attendance.

    Why might our fee vary?

    Factors that may result in a change from the fee indicated above include:

    • If either of the assumptions listed above proves to be incorrect
    • If the hearing runs beyond half a day
    • The location of the trial/sentence hearing
    • The number of witnesses involved
    • The number of offences charged
    • The instruction of expert witnesses
    • If the court requires a report from the probation service.

    Before you commit to paying, we will explain to you any variance from the indicative fee if this is apparent from the outset. We will also keep you updated at all times if any of these, or other, factors are likely to result in an increase in our fee.

    What other costs may arise?

    You may have to pay certain expenses and other costs. To the extent that such costs relate to amounts that we must pay to third parties, they are known as “disbursements”. The costs and expenses most likely to arise are expert’s fees, our travel expenses and, if we consult a barrister to represent you, barrister’s fees. The amount payable will vary depending on the circumstances of your case. We will aim to provide you with an estimate of such costs when you instruct us and will, of course, keep you updated as the case progresses.

    Timescale and key stages of the process

    These are the key stages of the trial process:

    1. Entering a not guilty plea (usually done in writing or online)
    2. The prosecution serves its case
    3. Case Management hearing – identifying for the Court the issues in the case and which witnesses will be required. Fixing a date for trial
    4. Trial.

    This process will typically take 12-26 weeks to complete, but this may vary. Typical factors which may influence the duration include:

    1. Witnesses availability
    2. Local Court availability
    3. The Crown Prosecution Service resources.

    We will keep you updated at all times if any of these, or other, factors are likely to result in delay.

    Who will be dealing with your case?

    Your application will typically be handled by a solicitor in our Regulatory team, supported as necessary by our trainees/paralegals. A solicitor acting for you may be described in correspondence as a “Partner” or “Legal Director”, a “Principal Associate”, an “Associate” or a “Solicitor”. Partners and Legal Directors have equivalent status. An Associate is, generally, more experienced than a Solicitor, but not as experienced as a Principal Associate. Our trainees/paralegals are not (yet) solicitors, and usually have no other formal legal qualification.

    We will always ensure that the solicitor acting for you has the requisite level of experience to handle your case competently. In any event, all work will be supervised by a Partner or Legal Director, being the most senior member of the team allocated to you.

    If we do not provide you with a fixed fee quote, or if we do additional work for you which is outside our fixed fee quote, please note that our hourly rates (exclusive of VAT) for each type of solicitor or other team member who may be involved in your transaction, are as follows:

    Partner or Legal Director (London) £450 per hour
    Partner or Legal Director (outside London) £350 per hour
    Principal Associate (London) £400 per hour
    Principal Associate (outside London) £300 per hour
    Associate (London) £360 per hour
    Associate (outside London) £260 per hour
    Solicitor (London) £330 per hour
    Solicitor (outside London) £230 per hour
    Trainee or paralegal (London) £250 per hour
    Trainee or paralegal (outside London) £175 per hour

    If we need to rely on our hourly rates, we will endeavour to provide you with an estimate of the time that each member of the team is likely to take in order to conclude your case.

    Once you know who will be in the team allocated to your transaction, you will be able to find out more information about the team by visiting the Regulatory section on our website.

    If you have any queries, please contact Dewi Ap-Thomas at dewi.ap-thomas@weightmans.com in the first instance.

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