Hadi Law

If you have been charged with a road traffic offence, you may think it is pointless instructing a Motoring Offences Solicitor because there is probably little they can do and it costs a lot of money. Fortunately, both these assumptions are false. An experienced Solicitor can make a great deal of difference to the outcome of your court case and, given the consequences that can arise from being convicted of a serious motoring offence, including a prison sentence, the investment you make instructing a Solicitor to advise and represent you is well worth it.

What is a Motoring Offences Solicitor?

A Motoring Offences Solicitor specialises in road traffic law and has a deep understanding of the Road Traffic Act 1988 and other road traffic regulations. They also know the ins and outs of police procedure and how the Courts operate. They can provide legal advice and representation on the following offences:

How Can a Motoring Offences Solicitor Help if I am Charged with a Driving Offence?

Most people who have been charged with a road traffic offence have never been to court before. The experience can be incredibly frightening and intimidating. The police and crown prosecutor’s job is to produce evidence to gain a conviction. If you choose to defend yourself, you may not have the knowledge of the law or court procedures. This can easily result in you not presenting a defence properly or, even worse, not realising that a defence is available.

What if I Choose to Plead Guilty?

Even if you choose to plead guilty, a Motoring Offences Solicitor can provide expert advice and represent you when it comes to sentencing. A common example is where you have, or if you are convicted of a new offence, and a conviction would result in you ‘totting up’ 12 or more points within a three year period. Your Solicitor may be able to prevent the Court from automatically disqualifying you from driving by proving you would suffer ‘exceptional hardship’ if your driving licence is taken from you. Another factor many people who defend themselves are unaware of is that the Court must follow the Sentencing Guidelines when deciding what penalty they will hand down if you plead guilty or are convicted. These guidelines provide for aggravating and mitigating factors which must be considered by the judge or magistrate/s. For example, when sentencing for causing injury by wanton or furious driving, aggravating factors that may increase your sentence include:
  • Previous convictions (depending on how long ago the convictions were and whether they relate to the current charge).
  • Committing the offence whilst on bail.
  • The complainant was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
  • You were driving for commercial purposes
  • You were driving a goods vehicle, PSV etc
  • Other driving offences were committed at or about the same time
  • You tried to blame someone else
  • You did not stop and/or obstructed or hindered attempts to assist at the scene
  • You were carrying passengers
  • The offence was committed while you were subject to court order(s)
Mitigating factors can minimise the sentence. These include, but are not limited to:
  • You have no previous convictions or no relevant/recent convictions and a good driving record
  • The complainant’s or a third party’s actions contributed significantly to collision
  • The offence was committed due to inexperience rather than irresponsibility
  • There was a genuine emergency
  • You tried to help at the scene
  • You are genuinely remorseful
  • The complainant was a close friend or relative
  • You have a serious medical condition which requires urgent, intensive, or long-term treatment
  • Age and/or lack of maturity
  • Mental disorder or learning disability
  • You are the sole or primary carer for dependent relatives
A specialist Motor Offences Solicitor will have an in-depth knowledge of the above factors. They can make carefully crafted submissions to the Court on your behalf, setting out the mitigating factors and, where possible, arguing against any aggravating factors.

Wrapping Up

If you have been charged with a road traffic offence, it is crucial to instruct an experienced Motor Offences Solicitor advise and represent you. Chances are they have dealt with many similar types of cases and therefore, have the expertise required to present your case to the judge or magistrate/s in a professional, prepared, and persuasive way. You will have the piece of mind that they will meticulously review your case, recommend the best course of action, and take care of the matter for you, relieving you of stress and anxiety. For further information on any careless or dangerous driving matter, please speak to our motoring offences law team on 01772 447000 or reach out to us on our seven-day-a-week WhatsApp helpline on 07869760533.

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