Speeding

Thousands of speeding tickets are issued and thousands of speeding prosecutions are commenced every year. You would think by now that the police and prosecutions department would always act in accordance with the relevant legislation.

Challenges in the divisional court (1. See Coombes below) and cases in the local magistrates and crown courts over the past years however demonstrate that mistakes are being made.

When it can be proven that those mistakes impact unfairly upon the motorist defendant the courts can often be persuaded to acquit.

Alcohol related allegations

Andrew was at the high court in 2000 when the judgement in DPP –v- Teixiera put paid to most of the more technical defences previously attempted in drink drive cases.

It is very difficult now to challenge the workings or accuracy of the intoximeter machines at the police station.

Mistakes are still being made by police officers when conducting the ‘intoximeter procedures.  These mistakes can, in some circumstances, give rise to a successful challenge if any prosecution results.

Specific medical conditions and circumstances can still lead to successful challenges to alcohol intoximeter readings.  Each case needs to be considered on its particular circumstances and merits.

Other defences and special reasons

Duress of circumstance can still in exceptional cases result in acquittals.

In addition specific defences such as ‘post driving consumption’ and special reasons arguments based upon ‘laced drinks’, ‘shortness of distance’ and ‘emergency’ are regularly argued successfully in the local courts.

Disqualification

The courts are becoming more and more willing to exercise their powers to impose ‘driving disqualifications’, now often as a punishment in its own right and not just for traffic related offending.

‘totting’ or ‘penalty point’ disqualifications can often be avoided by thorough preparation and careful presentation.

Alcohol related disqualifications can in some circumstances be avoided or reduced.

Document offences

From dealing with initial requests for ‘drivers details’ to issues surrounding the revocation of ‘driving licences’ or relating to the wording of ‘insurance policies’, ‘road traffic’ legislation that on the face of it should be straightforward and clear cut is often far from it.

Private fees

In many Road Traffic cases legal aid is unlikely to be available; in that scenario we offer a service based on a fixed fee option, assessed on a case by case basis depending on the circumstances and complexity of your case.

Examples of our typical fixed fee options:

SPEEDING – GUILTY PLEA                                                   £500   PLUS VAT (@ 20%)

Fee Includes

• Taking your initial instructions (telephone / video call)
• Considering prosecution papers
• Initial Advice on plea / sentence
• Attendance and Representation at a single hearing at the local Magistrates Court
• Conducting hearing and presenting mitigation
• Letter confirming outcome / sentence etc…
• Advice of Appeal

Fee does not include:

• Preparing ‘Exceptional Hardship’ or ‘Special Reasons’ argument
• Attendance at second, or further hearing
• Instructing any expert witnesses / interpreters / translators
• Taking witness statements
• Drafting appeal documentation

Face to face attendances prior to court can be arranged but will ordinarily attract an additional fee.

Most GUILTY PLEA TRAFFIC cases will be finalised at the first hearing.

EXCESS ALCOHOL – SPECIAL REASONS HEARING         £1800              PLUS VAT (@ 20%)

Fee includes

• Taking your initial instructions (face to face meeting in office)
• Considering prosecution papers
• Initial Advice on plea / sentence / Special Reasons
• Detailed letter of adviceAttendance and Representation at the first hearing at the Magistrates Court.
• Competing ‘Preparation for Effective Trial Form’ (PET form)
• Taking proof of evidence and witness statements
• Drafting instructions to Expert Witness (if applicable BUT NOT experts fee)
• Hearing preparation
• Bad character / Hearsay applications if applicable
• Attendance and Representation at the Magistrates Court on first day schedule for hearing
• Conducting Special Reasons hearing and presenting mitigation if appropriate
• Letter confirming outcome / sentence etc…
• Advice on appeal

Fee does not include:

• Any expert fees incurred (back-calculation etc)
• Attendance at second, or further hearing (if case adjourned)
• Instructing interpreters / translators
• Drafting appeal documentation

Expert Fees:

• Most experts charge in the region of £250 (plus VAT @ 20%) for a standard alcohol related report
• Most experts charge in the region of £600 (plus VAT @ 20%) for a standard drug related report
• interpreters / translators fees vary depending on work required

Trial / Special Reasons listing

• We have no control as to when and where a trial / special reasons hearing will be listed
• Currently due to the COVID backlog, cases are taking up-to 6 months to be heard

Representation at trial / special reason hearing

We have no control of whether a case is heard at the time, and on the day it was initially listed or whether it is heard later in the day or even adjourned to another day perhaps because of court over-listing, or because of witness difficulties.

We have no control of whether at the conclusion of a trial / special reasons hearing the Court might decide to adjourn for sentencing arguments to a later date.

For representation at a Magistrates’ Court trial, or special reasons hearing our fee would normally be £1,500 for the first day of trial / hearing which will cover the majority of Magistrates’ Court trials, and an additional fee of £750 for each subsequent half day at trial / sentence should it be necessary.

Legal Representation

The names, qualifications and experience of the firms legally qualified advocates is contained elsewhere in this website.

We have no control on when and where a trial / special reasons hearing, or any of our cases will be listed.  As a result, we cannot guarantee that any specific solicitor, or barrister will be able to attend to conduct the hearing.

We will endeavour to maintain continuity of advice and representation and to comply with any clients stated preference regarding representation, but we reserve the right to change the identity of the representative attending and to employ independent counsel at our discretion.

Payment of Fees

We would ordinarily require fees to be paid in full and in advance of the firm undertaking any significant work on any given case file.

Fees can be paid by PAYPAL

Or via bank transfer

Account            THE PURKISS PARTNERSHIP

Sort Code         200500

Acc No.              60293520

Cheque Payments

Payments by cheque will only be accepted when received 28 days prior to any court attendance, to enable the cheque to be cleared through the bank in advance.

Cash Payment

If paying by cash, proof of identity such as a valid passport will be requested to enable us to comply with the Solicitors Regulation Authority money laundering requirements.

 

Before you go before the court facing any road traffic allegation seek professional advice as to what options and arguments might be available to you.

1. In Coombes v DPP [2006] EWHC 3263 (admin), (2006) the times, 29 December, a driver’s conviction for speeding, contrary to the road traffic regulation act 1984, s. 89, was quashed by the Divisional Court (following an unsuccessful appeal to the Crown Court) because the road sign imposing the 30-mph limit in question was obscured by overgrown hedgerows, so that it became visible to motorists only at the point where it was passed.
2. In DPP –v- Teixiera EWHC admin 931 (2001) Any defect in the functioning of an intoximeter device had to be relevant to the facts in a particular case to justify an acquittal.