Driving Offences

“A firm dedicated to the old-fashioned virtue of conscientious hard work in pursuit of their clients interests”.

Legal 500 – Ranked as Tier 1 (Crime), Independent Legal Directory

Driving Offences

All of us need to drive as part of our day to day lives. If you face the prospect of losing your driving licence it can have a huge impact on your life. If you are facing a prosecution for driving related allegations we have the experience and skills to help you through this process.

There are multiple offences that you can be accused of while driving or being in charge of your vehicle. We can provide you with advice and representation in relation to these allegations. It is important to understand that good quality legal advice may be the factor that stops you from losing your driving license.

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Experts in Motoring Law

As well as giving you honest and practical legal advice, we will also explore the technical and factual defences that may result in you keeping your driving license or avoiding serious punishments including potential imprisonment. Our team of lawyers are experts in motoring law and are available to talk to you on the telephone.

The law around motoring offences is complex and challenging. We have had experience in dealing with all of the various offences, the following is a flavour of the sort of allegations our clients have faced and have successfully defended on a regular basis:

  • Using a mobile phone while driving
  • Driving or being in charge of a vehicle while over the legal limit for alcohol or drugs
  • Failing to provide a specimen of blood or urine as required by the police
  • Speeding offences
  • Receiving more than 12 penalty points on your driving license
  • Road rage incidents
  • Dangerous driving
  • Driving without due care and attention
  • Causing death by careless or dangerous driving
  • Appeal of a decision in the Magistrates court

Why Hodge Jones & Allen?

We have the experience and skills that make a difference to your chances of success. We have been representing people charged with driving related matters for over 40 years. In that time the high standard of our work has been recognised in the two most prominent legal directories, Chambers and Partners and the Legal 500.

We regularly attend the Magistrates Court to represent people charged with all of the allegations listed above. Our approach to each case remains the same, methodical and forensic. We will take you through each issue in your case and whenever possible challenge the prosecution’s case against you.

When we find a point we can challenge the prosecution on or a point we can take in your favour, we use all of our experience and expertise to get you the best result. In the many years we have been representing people accused of driving offences we have built up a network of skilled experts. They can provide reports and advice on all areas of Road Traffic law.

Our experts have successfully given evidence in court on a whole host of areas. These include issues such as the speed a vehicle was going before a collision, the point of impact when a collision took place and more detailed accident reconstruction reports. We can also obtain “back calculation” reports from forensic toxicologists in relation to allegations of driving or being in charge of a vehicle while under the influence of drink or drugs. These reports use the level of alcohol in a sample of your blood or breath to work out how much alcohol was in your blood at an earlier fixed time.

We can accept funding for your case on either a private basis or via legal aid, if you are eligible. If you fund your case privately we can discuss with you the level of fees and the structure can be fixed for prescribed pieces of work or at an hourly rate.

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What is the process and how do we help?

Depending on the allegation against you it may be that your case starts with an interview under caution with the police. If it does, then you are entitled to free and independent legal advice at that interview. We can provide that advice without the need to charge you.

Request a Lawyer prior to a police interview

What you say, or don’t say, in an interview with the police can play a vital part in any later court proceedings. We can provide a lawyer who will make a difference at this early stage. Always ask for a lawyer before you are interviewed by the police.

What happens after the interview?

After the interview you may find that you are charged or summonsed to attend court and face a prosecution for driving related allegations. Alternatively you might not be interviewed and you may simply receive notification in the post that you are to be prosecuted in court.

Review the prosecution evidence

If you receive such notification you will usually have a few days to obtain legal advice and representation. This is a vital period of time in your case. If you instruct us we can obtain the prosecution evidence, analyse it and advise you on your chances of success and the best approach to take.

Early Advice is Recommended

Early advice from us can reduce or eliminate a driving ban. It can save time and money and help you to keep your driving license.

Get in touch

If you choose to contest the case, the matter will go to trial. We can then prepare your case by taking witness statements and preparing both expert reports and legal arguments to support your defence. Our hard work and attention to detail is regularly the deciding factor in these cases.

Examples of clients we have helped

Death by Dangerous driving

R v TR(2019): Death by Dangerous driving

TR faced an allegation that he had been driving dangerously before he collided with a pedestrian, causing a fatality. At the end of a four day trial he was acquitted of this charge. We instructed an expert to report on the speed of the vehicle, evidence of when and how forcefully brakes were applied as well as for how long and was acquitted at the end of the trial.

Driving with undue care and attention

R v RS (2018): Driving with undue care and attention

RS was turning right across stationary traffic when a bicycle collided with this vehicle. We obtained an expert report and, using this report, made written representations to the CPS. After considering our letter they discontinued, or dropped, the prosecution.

Failure to provide specimen for analysis

R v TC (2019) Failure to provide specimen for analysis

TC was charged with failing to provide a sample of breath as part of the drink drive procedure in a police station when she was accused of driving with excess alcohol (drink driving). Her case went to trial. Under cross examination the police accepted they had made an error in the procedure and Ms TC was duly acquitted.

Dangerous Driving

R v D

“D” was charged with causing serious injury by dangerous driving. D was driving at speed, racing and had taken cannabis and crashed his car. Passenger seriously injured. Using expertise of silk, a toxicologist and a Road Collision expert, we secured a favourable basis of plea and sentence was 5 months rather than a number of years.

Driving with undue care and attention

R v BH (2018)

BH was facing an allegation in relation to colliding with 3 parked cars while manoeuvring his van in a small residential street. We represented him at trial and cross examined the witnesses who claimed to have seen him collide with the parked cars. He was acquitted by the Magistrates’ and awarded his costs back.

Our Diving Offence Solicitors

  • Top Ranked Solicitors

Our top ranking team have years of experience representing the innocent. We stand up to the prosecution who will always be represented by an experienced solicitor or barrister. We know how to fight and win cases.

  • Here to help

Representing you at the Police Station or in Court If you need urgent representation call us today. Share a few details with us and we’ll let you know how we can help you.

  • Call FREE 24 hours a day

If you are calling outside our offices hours (9:30am to 5:30pm) call our free phone 24 telephone 0844 8480 222. There will always be someone at the other end of the telephone to assist you.

Frequently asked questions

How can I fund my case and what are your fees?

You can fund your case via legal aid, if you are eligible, or pay privately. Whether you qualify for legal aid or not will depend on the seriousness of your case and your financial position. If you do not qualify for legal aid or wish to pay privately we can discuss our fees with you in an initial consultation or over the telephone.

Am I at risk of losing my driving license?

Each offence carries separate punishments and has different guidelines for sentence. Once we know what allegations you face and what the facts are, we can give you this advice.

Will I need to attend court?

Surprisingly you may not need to attend court. If you have a received a postal charge or summons for one of the more minor driving matters you may not need to attend. However you must be clear on this point.

If you fail to attend court when you are required, a warrant may be issued for your arrest and failing to attend would amount to a criminal offence if you do not have a reasonable excuse that the court accepts.

Am I at risk of a prison sentence?

Only in the more serious cases is a prison sentence both possible and likely. For offences such as speeding and driving with no insurance it is not a possibility. For offences of driving with excess alcohol (drink driving) or drugs (drug driving) it is possible and can happen if there are aggravating factors to your case.

 

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Our offices are open from Monday to Friday from 9 am to 6 pm.

Phone:0808 231 6369
Fax:020 7388 2106
Address:Hodge Jones & Allen Solicitors
180 North Gower Street
London
NW1 2NB
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