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Motoring Law

What is Motoring Law?


Motoring Law relates to specific offences relating to driving, such as Drink driving, Dangerous & careless driving, Speeding offences, Driving without a licence, Driving whilst using a mobile phone and like offences

What work we will undertake for you?


Under maintenance 

Work expected to be carried out in this transaction but not included.


None.

Time frame


Motoring Offences


For most offences, the Police have 6 months from the date of the incident to start the Court process. Some Police forces will serve papers within weeks of the offence, whereas others will not actually get a file to Court until the 6 months is almost up. You do not have to be served with the Court papers within 6 months, the Police merely have to start the process in that time. Consequently, it may be 7-8 months from the offence before you actually attend Court.


Most cases that have to go to court have a Plea and a Trial Hearing unless a guilty plea is entered on the first appearance. It wil usually take 1 month for plea and 2-3 months for trial.

Fees


Legal Aid


Legal aid is available to assist individuals who cannot afford legal representation in criminal matters.


To qualify for legal aid, applicants must pass both a means test and an interests of justice test.


Means Test


The Means Test is based on the applicant's financial situation, including household income, outgoings, capital, and equity.


Applicants with an income of £12,475 or less are eligible for legal aid, while those with an income between £12,475 and £22,325 will need to complete a full means test.


Applicants with an income of £22,325 or more are generally not eligible.


Certain applicants, such as those under 18 or receiving specific benefits, automatically qualify for legal aid.


Interest of Justice Test


The interests of justice test considers the merits of the case, including the nature of the offence, the likely sentence, and the risk of custody. Factors such as the likelihood of losing liberty or livelihood, suffering serious damage to reputation, or the need for expert cross-examination are also taken into account.


Crown Court


For Crown Court trials, applicants may have to contribute towards their defence costs based on their income and capital assets.


Contributions to legal costs in Crown Court


Following a review of the financial information provided the Legal Aid Agency will advise if you are required to contribute towards the legal costs. These may include:


  • a lump sum contribution from assets;


  • monthly payments from income;


  • repaying some or all of the legal aid costs at the end of the case.


Please note changing circumstances may affect the determined contributions


Applying (if not in receipt of qualifying benefits)


To prepare the application for legal aid funding, please provide us with the following information as soon as possible:


  • evidence of your income and expenditure, such as payslips and bank statements;


  • details and statements of any benefits you currently receive;


  • your national insurance number;


  • any court documents you may have;


  • any relevant letters you may have;


Accurate and detailed information must be provided to the Legal Aid Agency and be kept up to date with any changing circumstances. Inaccurate information provided may lead to the cancellation of legal aid funding and potential prosecution.


The statutory charge


You may be required to repay some of the legal costs if money or property is awarded to you. The amount is determined through a statutory charge on the money or property. The Legal Aid Agency may defer the repayment if the property is to be used as your home or you are awarded money to buy a home.


Private Paying


If you do not qualify for legal aid, you will be charged at the following rates.


Private matters are charged out in two ways, a fixed fee for certain aspects and at an hourly rate for other.


Fixed Fee aspect


Type of Hearing


Plea and Mitigation Hearing 


£750.00 + VAT (£900.00 inc VAT)


Case Management Hearing


£750.00 + VAT (£900.00 inc VAT)


Special Reasons / Exceptional Hardship


£850.00 + VAT (£1,020.00 inc VAT)


Half a day Trial


£1,200.00 + VAT (£1,500.00 inc VAT)


Full days Trial


£2,000.00 + VAT (£2,500.00 inc VAT)


The above prices are exclusive of Travel and Mileage, which are billed at the following rates

  • Hourly rate +      VAT (not charged for Telford / Welshpool / Aberystwyth)


  • £0.45 per      mile. (charged to all courts)


Hourly Rate


All other work billed at an hourly rate


Letters and telephone calls to be charged in units of 6 minutes. (minimum 1 unit)


Payment on account


The client should be provided a bill for all works undertaken before each court attendance. The client should be asked to pay this along with a payment on account for the Fixed Fee and travel expenses for the Court Hearing.


All fixed fee payments and travel expenses must be paid prior to attendance at Court, or we do not attend.

Matter Specific Disbursements


Experts fees that may be required in some cases.


  • In cases Drink driving / Drug driving cases an experts report may be required - Estimated £150 plus VAT


  • In some cases a Medical Report may be required - Estimated - £400/£500 plus VAT.


Not included


Travel expenses 45p a mile.


Any other disbursements will be discussed with the client prior to being incurred.

General Disbursements

For more information about general disbursements listed below and their cost please click on the "General Disbursements" button below:

  • Identification of client.

Fee earners specialising in this field. Please click on their profile to see relevant experience.

Michael Davies

Michael Davies

Clare Stephens

Clare Stephens

Matthew Davies

Matthew Davies

Chloe Harries

Chloe Harries

Kimberley Roberts

Kimberley Roberts

Kelly Beesty

Kelly Beesty

Adrian Roberts

Adrian Roberts

Ellis Hawthorn

Ellis Hawthorn

Richard George and Jenkins Ltd trading as Richard George & Jenkins CRN: 14500107

Registered Address: Cross Chambers 9 High Street Newtown SY16 2NY

VAT NUMBER: 439800971

SRA NUMBER: 8003727.

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