Our Prices - Motoring Offences
Motoring Offences – Our Services & Fees
Motoring Offences are handled by Mr Richard Barca and Mr Patrick Shore, partners of the firm. Their hourly rate is £300 + VAT (currently at 20%). They will be assisted from time to time, by a trainee solicitor at an hourly rate of £150 + VAT and the fees quoted below will be adjusted accordingly where the lower rate is applicable
Further details of the members of our team including qualifications and experience can be accessed here
We offer advice and assistance in dealing with all motoring offences, including speeding, driving without due care and attention, driving without insurance, failing to report an accident, driving while under the influence of drink or drugs, careless and dangerous driving.
The consequence of even minor offences can be serious, particularly if there is a possibility of an accumulation of points leading to the possibility of a ‘totting-up’ disqualification, so you are advised to consider whether the charge against you is based on sound evidence and has been processed within the mandatory time limits.
Where a driver does not accept an offer of a Fixed Penalty Notice [FPN], which might involve fines of up to £500 and an endorsement of 6 points, or the police consider a FPN is inappropriate, a Single Justice Procedure Notice will be served, with an invitation to submit a guilty plea by post or to plead guilty or not-guilty at a court hearing. Where applicable a summons to court will follow. In more serious cases, such as drink driving, which carries mandatory disqualification the Single Justice Procedure will not be applied and the driver will receive a summons to Court together with confirmation of the charge(s).
In the event that you decline a FPN, receive a Single Justice Procedure Notice or summons to court we can advise you as to the options ahead and help prepare your case for the best possible outcome. If you are not able to avoid attendance at court or opt to mitigate in person, we will provide experienced representation for you.
Our Fees: are structured as follows:
Initial Interview
The fee for an initial interview of one hour is £300 + VAT. Should a longer or shorter time be required our fee will be adjusted on a pro-rata basis. During this session our specialist solicitor will consider the charge(s) against you and all the documentation received from the police and their dates of service. Having noted your own account of the circumstances leading to the charge(s), reviewed any prosecution witness statements that have already been disclosed, you will be advised about your plea(s), the potential penalties (sentence) you could face and any steps you might take to reduce them. It will be necessary to consider previous driving offences and any endorsements remaining on your licence. Where appropriate we will advise on the merits of mitigating your sentence on the grounds of ‘exception hardship’ (e.g. the detriment effects it might have on your employment/ financial position and your dependents) or ‘special reasons’ (i.e. the particular circumstances giving rise to the offence itself).
Entering a Guilty Plea with Mitigation
If as a result of the initial interview you chose to enter a guilty plea(s) on paper, we will charge a further £300 - £600 + VAT to assist with mitigation including the drafting and submission of a statement requesting the court to consider elements of the offence which indicate it to be less serious and your role less culpable. The actual fee will be determined by the length and complexity of the mitigation required. The Sentencing Guidelines, which magistrates must follow, usually allow the court to exercise some discretion when imposing points and fines and the aim of mitigation is to persuade it to exercise that power in favour of the Defendant. It is also essential that you prepare, with the assistance of the solicitor a statement of your financial position so that any fine imposed is in keeping with your means.
Please Note: - should this stage require more than 2 hours to complete an hourly rate of £300 will apply to the additional work, but you will be informed prior to it being undertaken and your authority sought.
Representation at a Sentencing Hearing
In the event you chose to mitigate in court or have been summoned with no option but to attend and wish to plead guilty we can prepare your case and arrange representation at the single hearing for a total fee of £1,500 - £2,100 + VAT (based on the need for 5 -7 hours work), which includes:
An initial interview as outlined above;
A consideration of the availability of any other evidence, which might support your case, as well as factors which could harm it;
Any further preparatory work, obtaining further instruction from you where necessary and respond to any follow-up enquiries you might have.
Explaining the court procedure to you on the day of the hearing and the sentencing options available to the court in view of any further investigatory work.
Representation at a single Magistrates’ Court hearing
Please note: It will not be possible to predict precisely when, on the day of the hearing your case will be called, as this depends on the number and type of cases also listed at the court that day, but we anticipate that you and your legal representative will be present for up to half a day.
Discussing the outcome of the hearing with you.
The above fee does not include:
Instruction of any Expert Witnesses
Taking Statements from any Witnesses
Preparation for and attendance at a Special Reasons Hearing
Advice/assistance in relation to any Appeal
Should any of the above, additional work be necessary an hourly rate of £300 + VAT will apply. The additional fee usually falls within the range £400 - £700. However, an estimate will be provided and your authority sought prior to the work being carried-out. Add
Representation at a Trial
Should you decide to plead not guilty to one or more charges and your case is dealt with in a single hearing the range of our fees noted in section 3 above will be £1,800 - £2,400 + VAT in view of the additional preparation and advocacy required to construct and deliver a Defence.
In the more likely event the court will require a Directions hearing and possibly a Pre-Trial Review hearing, depending upon the complexity of the case, in addition to the Trial itself, there will be a charge of £1,000 + VAT for preparation for and attendance at each hearing.
Appeals
Appeals against convictions in a Magistrates’ Court, either its verdict or sentence are made to the Crown Court. Work, advising you as to the merits and procedure of making an appeal will be charged at £300 +VAT / hour. Should you decide to submit an appeal we will provide an estimate of our further costs based on the same hourly rate. In addition it will be necessary to instruct an experienced barrister to represent you in the Crown Court and our work will include drafting his careful instructions and probably attending alongside him.
Disbursements
This term refers to any expenses other than Wilson Barca’s fees and must be paid for in addition to them, for example:
Expert Witness Fees
Counsel (Barrister’s) Fees (if instructed);
Travel / accommodation costs in order to take a witness statement and / or attend court.
You will be provided with an estimate and advised as to whether or not VAT is applicable.
Either-way cases
While most driving offences are heard in a Magistrates’ Court (‘Summary cases’), either-way cases involve more serious charges e.g. Dangerous Driving i.e. there is a possibility of them being heard in either a Magistrates’ or Crown Court. In the event that the Magistrates’ Court considers that it has the expertise and sentencing powers to deal with a particular case and not refer it to the Crown Court the Defendant still has the right to opt for sentencing or a trial in the Crown Court. In such cases our fees referred to in section 5 above apply.
Indictable-only cases
These are particularly serious cases, often involving fatalities, which the Magistrates’ Court must refer to a Crown Court for sentence or trial. In such cases our fees referred to in section 5 above apply.
Timeframe for Summary Motoring Offences
When applicable the prosecuting authorities have 6 months from the date of the offence to serve a Single Procedure Notice on a Defendant, though most arrive within 3 – 4 months. The Notice should be returned within 21 days with a plea and the Defendant’s decision to mitigate a guilty on paper or in court or seek a trial following a not guilty plea. The court will usually respond to a mitigation of paper within 2 – 3 months, whereas court hearings, for sentence or trial might not be listed for 6 months or more.
In more serious Summary offences such as drink / drug driving carrying mandatory disqualifications and where the Single Justice Procedure is inappropriate a Defendant might be summoned to court for a hearing within 2 – 4 weeks of the offence.
Magistrates Courts work under significant pressure and it is not unusual for a hearing to be adjourned at very short notice.
Legal protection insurance
Legal protection insurance or legal expenses insurance is often available either as a standard or extra option attached to insurance policies held by individuals or businesses e.g. motor and residential building insurance. You are advised to check such policies for this type of cover, but if unsure we will be happy to look into it at the initial interview stage.
Public Funding
We do not assist with public funded cases.