The Purkiss Partnership
St Georges Road
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.
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.
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.
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.
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 does not include:
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 does not include:
Trial / Special Reasons listing
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.
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
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.
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.
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