What is a Motoring Offence Solicitor and what do they do?

A Motoring Offence Solicitor is a specialist type of lawyer who specialises in defending individuals who have been accused of committing a driving-related offence, such as speeding, drunk driving, drug driving or dangerous driving. They provide legal advice and representation to their clients, helping them navigate the legal system and work towards the best possible outcome for their case. Motoring Defence Solicitors may also assist clients with driving licence suspension or revocation, fines, and other legal consequences that may arise from driving offences. A Motoring Defence Solicitor is a lawyer who specialises in providing legal assistance to individuals who have been accused of driving-related offences. Their primary role is to defend their clients in court and help them navigate the legal system and process. Some of the specific tasks that a motoring defence solicitor may undertake include: Providing legal advice: A solicitor will review the case and advise their client on their legal rights and options. They will also explain the potential consequences of the charges and the available legal defences. Representing clients in court: A solicitor will represent their client in court, presenting their case and defending them against the charges. They will also cross-examine witnesses and argue on their client's behalf. Helping with license issues: A motoring solicitor may assist their client in dealing with issues related to their driving license, such as license suspension or revocation. However, please bear in mind at Motoring Defence Solicitors, we deal primarily with serious motoring offences and these would include drink driving charges, drug driving as well as death by dangerous driving. Providing ongoing support: A solicitor may provide ongoing support and guidance to their client throughout the legal process and lifespan of the case, keeping them informed of any developments and advising them on their best course of action. Overall, the role of a motoring defence solicitor is to provide expert legal representation and support to their clients, helping them to achieve the best possible outcome for their case, ultimately helping them to keep their driving licence and livelihood.

Who is the best drink driving solicitor in London?

Determining the "best" legal representation is subjective and depends on your individual needs and priorities. So, instead of answering 'Who is the best drink driving solicitor in London?' we will answer the following question: 'How can I find the best drink driving solicitor for me and my case?'

is it worth getting a solicitor for a drink driving or drug driving charge?

At Motoring Defence Solicitors (MDS) London, we understand that it can be a difficult time for any individual when facing a possibly drug driving or drink driving charge. It's only natural to wonder if getting a specialist drink driving solicitor or drug driving solicitor is the right decision. There is no right or wrong answer and below is a breakdown of the pros and cons for considering hiring an expert motor offence lawyer. We do remind everyone that we offer free initial advice and we believe in being empathetic and non-judgemental. Advantages of having a specialist Motor Offence Solicitor: Expert guidance: Motoring Lawyers have deep knowledge of the law, court procedures, and specific strategies for drug / drink driving offence cases. Like a trusted guide, they'll explain your options and navigate the legal complexities with you. Mitigation support: They can help you present your case in the best possible light, aiming for a less severe penalty or driving disqualification duration. Think of them as your advocate, building a strong case to minimise the impact. Stress reduction: Facing legal charges can be overwhelming. A solicitor takes the legal burden off your shoulders, allowing you to focus on healing and managing other aspects of your life. They'll be your steady hand throughout the process. Time savings: While case preparation takes time, a good solicitor handles the legwork, saving you valuable time you can dedicate to work, family, or personal well-being. Disadvantages of hiring a Defence Lawyer: Costs: Legal fees can add up, and it's understandable if this is a concern. However, explore options like Motor Legal Insurance, which may cover some or all of the costs. Ultimately, weigh the financial investment against the potential benefits to your future and peace of mind. No guarantee: Every case is unique, and even with expert help, there's no guarantee of a specific outcome. Remember, a solicitor aims for the best possible results within the legal framework. What's right for you and your case? It truly depends on your individual circumstances. If you're unsure, a free consultation with a solicitor can offer valuable insights and answer any questions you may have. This can empower you to make an informed decision that feels right for you. Remember: You're not alone in this. Many people face similar situations, and solicitors are trained to guide you through it. There are options available, and seeking legal advice empowers you to explore them. Ultimately, the decision is yours. Choose what feels best for your well-being and future prospects. Please don't hesitate to reach out to reach out to us at Motoring Defence Solicitors (MDS) London for free, impartial advice by calling 0800 433 2880. We are here to help you navigate this challenging time with clarity and support.

Can Motoring Defence Solicitors London defend motorists in Scotland?

Unfortunately the short answer is no. The law in Scotland is slightly different to that in England and Wales and we would recommend speaking to a specialist based in Scotland. In the United Kingdom, legal representation typically operates within the jurisdiction of the specific country or region. Therefore, a solicitor licensed to practice in England and Wales may not automatically have the right to represent a client in Scotland. The legal systems in England and Scotland are separate, and lawyers need to be qualified and registered in the jurisdiction where they intend to practice. If you require legal representation in Scotland for a drink driving case, it is advisable to engage a solicitor or lawyer who is qualified and authorized to practice law in Scotland. They will be familiar with the specific laws, procedures, and legal practices applicable in the Scottish legal system. It's crucial to consult with a local solicitor in the relevant jurisdiction to ensure that you receive accurate and effective legal advice tailored to the specific laws and regulations governing the area where your case is being heard.

What do Motoring Defence Solicitors London charge for drink driving?

At Motoring Defence Solicitors, we keep our costs and pricing transparent. To aid a positive outcome of your case there are from time to time third parties costs such as expert witnesses. These payments are called ‘disbursements’ and can vary from case to case. We ensure that we always consult you about these costs in advance for you to agree and approve. Whatever the serious motoring offence you are facing (i.e drink driving, drug driving, dangerous/careless driving, failing to provide, death by driving etc) our fees are calculated in the same way. As expert Motoring Offence Lawyers, we charge a rate of £317+ VAT per hour for all time spent working on your case. Letters and telephone calls are charged out at 1/10 of the hourly rate. The total cost of your case therefore depends upon the amount of work required and the complexity of the case. Many types of case will incur “disbursements” which are effectively the cost of third parties (such as expert witnesses) who are instructed as part of your defence. We will provide you with an estimate of costs for your case. This estimate will be based on our experience of dealing with similar cases over the past 10 years.

Which serious Motor Offence has been on the rise over recent years?

Serious motoring offenses are typically those that involve significant risk, potential harm, or a blatant disregard for traffic laws. The classification may vary by jurisdiction, but common examples of serious motoring offenses include: Dangerous Driving: Operating a vehicle in a manner that poses a serious risk to others on the road. Drink Driving (DUI/DWI): Driving under the influence of alcohol or drugs above the legal limit. Drug Driving: Operating a vehicle under the influence of illegal drugs or prescription medications impairing driving ability. Excessive Speeding: Driving significantly above the posted speed limits, especially in residential areas or school zones. Driving Without Insurance: Operating a vehicle without the legally required insurance coverage. Driving While Disqualified: Driving a vehicle while disqualified from holding a driving license due to prior offences. Failure to Stop/Report an Accident: Fleeing the scene of an accident without stopping or reporting the incident. Careless or Inconsiderate Driving: Operating a vehicle without due care and attention, potentially causing harm or danger. Driving with a Suspended Licence: Operating a vehicle while your driving license is temporarily revoked. Vehicular Manslaughter: Causing a fatal accident due to dangerous or reckless driving. While all these offences are concerning, drug driving has seen the most significant increase in recent years across many countries, including the UK. Reasons for Rise in Drug Driving: Increased awareness and testing: More widespread drug testing, including roadside saliva tests, has resulted in increased detection. Shifting drug use: Increased availability and recreational use of illegal drugs, particularly cannabis, contribute to the rise. Misconceptions and underestimation: Many drivers underestimate the impairing effects of drugs compared to alcohol, leading to riskier behaviour. Lack of social stigma: Compared to drink driving, the social stigma associated with drug driving might be lower, leading to normalisation and less deterrence. It's important to remember: All the mentioned offences are serious and pose significant risks to yourself and others on the road. Never drive under the influence of any substance that impairs your ability to drive safely. If you are unsure about how a substance might affect your driving, always err on the side of caution and avoid driving. Penalties: Here's a breakdown of the maximum penalties for each offence: Dangerous driving: Up to 14 years' imprisonment, unlimited fine, and disqualification from driving for a minimum of 12 months (can be longer). Drink driving: Up to 6 months' imprisonment, unlimited fine, and disqualification from driving for a minimum of 12 months (can be longer, depending on the level of alcohol). Drug driving: Up to 6 months' imprisonment, unlimited fine, and disqualification from driving for a minimum of 12 months (can be longer). Failing to provide a specimen: Up to 6 months' imprisonment, unlimited fine, and disqualification from driving for a minimum of 12 months (can be longer). Additional Resources: UK Government - Road safety: https://www.gov.uk/government/collections/road-safety-research-and-statistical-reports National Highway Traffic Safety Administration (NHTSA): https://www.nhtsa.gov/laws-regulations/impaired-driving

What is the difference between a solicitor, barrister and lawyer?

We are often asked what the difference is between various legal professionals and there are so many titles now that people are understandably confused. To put it in the simplest of terms: Your case/defence would usually be prepared in an office by a solicitor. In today’s modern world however, there are various other professionals that perform similar duties to that of a solicitor and you will often find that Legal Executives, Caseworkers or Paralegals are responsible for preparing your defence. The title here usually represents the individual’s qualification and the route they took to obtain that qualification. For example, a solicitor and a legal executive perform largely the same role. The main difference is how that person became qualified. A solicitor would do a degree, then a course called the Legal Practice Course (LPC) before having to secure a 2-year training contract before being a “qualified solicitor”. By contrast, a Legal Executive may have taken a more work-based approach to their studies. Many Legal Executives work in the legal profession as they obtain qualifications and are therefore learning the skills that the LPC or training contract may bestow upon a potential solicitor. Paralegals and caseworkers are usually non-qualified professionals. The main thing to remember with who you instruct is their experience in the area you want to instruct them in. You would not want to ask a qualified mechanic to conduct brain surgery so why ask a qualified solicitor (who may work in Employment) to represent you above a non-qualified caseworker who has years of relevant experience? A barrister, solicitor-advocate or legal executive advocate are the people who represent you in the courtroom and these are the professionals who are best-equipped to represent you. The skills required to effectively prepare a case are vastly different to those needed in a court advocate and that is why it is almost always beneficial that you have one person dedicated to the preparation of your case, and one person dedicated to advancing and arguing it in court. Those who prepare your case must be thorough, meticulous, understanding, empathetic and analytical whereas your advocate needs to be a quick thinker on his feet, adaptable to fluid circumstances and be a fierce advocate to successful argue your case. It is worth remembering that our trial system is known as taking an “adversarial” format. This means you have one advocate against another and your advocate needs to be prepared to go into court and argue your case to the best of his ability. The term “lawyer” is more general and can encompass all the roles/professions mentioned above.

Motoring Defence Solicitors (MDS)

Specialist Drink Driving and Drug Driving Solicitors

Do not hesitate to contact us today 0800 433 2880

We are expert criminal defence lawyers specialising in drink driving, drug-related driving offences, failing to provide a specimen and dangerous driving (including those involving a fatality).

Welcome to Motoring Defence Solicitors London

We are a criminal defence firm dedicated to providing bespoke and specialist representation to motorists charged with serious road traffic offences, including drink driving, drug driving, failure to provide a specimen for analysis and death by dangerous driving

Our specialist lawyers at MDS have been helping motorists stay on the road since 2008 and utilise expertise accumulated over 35 years of experience.

If you have been charged with an offence or think you are about to be charged, then we can help you. We offer free advice as we strongly believe that you should be able to make an informed decision about how to deal with your case without having to pay in advance.

Based at our head office in Central London, we represent motorists all over England & Wales and can provide expert advice/ guidance on a range of road traffic matters.

Motor law is a niche area of criminal law and there is a rarity of firms with genuine expertise in this area. If you are charged with an offence we recommend that you do not delay in seeking legal advice. It is crucial you are aware of the legalities of your position as soon as possible and early advice/representation can often make a significant difference to the result.

Road Traffic & Serious Motoring Offences

The advice and representation we can offer relates to (but is not limited to) the offences below.

Please be advised that we are unable to help you with any civil matters. As a criminal practice, we cannot advise you on parking or any penalty charge notices, fines, recovery of seized vehicles, licences issued by local authorities or disputes with insurers. These are all civil matters and you must seek advice from a civil firm and we would refer you to the Law Society’s “Find a Solicitor” service.

If you are facing an allegation being made against you (eg. Drink driving, driving without insurance, speeding etc) then we can assist.

Drink Driving

One of the more serious offences that can result in immediate disqualification and in some cases, a prison sentence. There are different types of drink driving case depending on the type of sample you gave to the police (breath, blood or urine). Overall, regardless of the type of sample, we have a 93% success rate of defending motorists charged with this offence meaning that the clear majority of our clients are found not guilty even when they thought they had no options available to them. In some types of case, we have maintained a 100% success rate for over 10 years! To speak to one of our expert drink driving solicitors, please call us on 0800 433 2880

Drug Driving

In 2015, the process for prosecuting motorists driving whilst under the influence of drugs was streamlined to be similar to that implemented in drink driving cases. This involved setting legal limits of specified legal and illegal drugs. Since 2008, our specialist drug driving solicitors have never lost a case of drug driving or driving whilst unfit through drugs.

Failing to Provide a Specimen for analysis

A slightly lesser-known offence but one that is treated with almost equal seriousness to offences of drink & drug driving. If suspected of one of these offences you will be arrested and required to provide a sample of either breath, blood or urine which would then be used as evidence against you. Failing or refusing to do so is a criminal offence would result in you being charged with failing to provide a specimen and you could face almost identical penalties for this offence as if you had been charged with drink or drug driving.

Dangerous driving, careless driving and cases involving a fatality

These are the most serious offences a motorist can face, and it is every motorist’s worst nightmare for a death to arise from their driving. Depending on the circumstances, a motorist can be charged with dangerous or careless driving, death by dangerous or careless driving or death by driving whilst unlicensed, uninsured or whilst using a mobile telephone. The potential penalty for some offences under the bracket can be life imprisonment so it is of the utmost importance you speak to a specialist dangerous driving lawyer as a matter of urgency. Not only can the advice you receive drastically affect the result of the case, we have no doubt that you will feel better and reassured once you know more about the position you are in.

Driving whilst unfit through drink or drugs

This offence is slightly less common now compared to a few years ago as the introduction of the “drug driving” offence changes the legal landscape and made it easier for charges to be brought against motorists. This offence can still be brought however in cases where a motorist may not necessarily be over the legal limit but have consumed/been exposed to enough alcohol or drugs to make them “unfit” or “impaired”.

Drunk or unfit whilst in charge of a motor vehicle

Unsuspecting motorists with even the best intentions can often find themselves charged with a criminal offence of being “in charge” of a motor vehicle whilst either 1.) Over the legal limit of alcohol or drugs, or 2) “Unfit” through drunk or drugs. The most common example of this charge being brought is when a motorist decides to “sleep it off” in their vehicle after a night of drinking. These circumstances can justify the charge being brought by the police but does not mean that you are guilty.

Failing to furnish information

When a speeding motorist is snapped by a camera, a Notice of Intended Prosecution is sent to the registered keeper of the vehicle. The registered keeper has a legal responsibility to provide information that will help the offender be prosecuted and so are expected to identify the driver at the time the alleged offence was committed. Failing to provide this information (which may be for a number of reasons) will result in this charge being brought. Whilst speeding cases are the most common example of when this charge can occur it can happen when the police are investigating various offences where the identity of the driver is unknown. A conviction for this offence carries a minimum of 6 penalty points and a fine of up to £1000.00

Speeding, mobile phone offences, driving with no insurance and "totting" cases

These offences are all common offences that result in penalty points which can then often lead to a 6-month disqualification depending upon the number of points on your licence. We are often asked if there are ways you can avoid a driving ban and the answer is quite often “yes”. If you have been charged with an offence attracting penalty points, we can first consider whether you have defence to the allegation. In the absence of a defence, we would focus on limiting the damage and avoiding a disqualification to try and ensure you get the best result possible.

Speak to our legal expert Neil today by calling 0800 433 2880

At Motoring Defence Solicitors, you will always speak to an expert direct. Neil has over 15 years experience dealing with clients facing serious motoring offence charges.

Neil Sargeant Head Of Motor Law

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Latest Motor Law News & Advice Articles

Motoring Defence Solicitors (MDS)

We are specialist Drink Driving Lawyers in London as well as provding expert legal defence services for Drug Driving, Careless Driving and Death by Dangerous Driving Motor Offences

0800 433 2880

info@motoringdefencesolicitors.co.uk

Providing Expert Legal Services for the following Motor Offences

DRINK DRIVING

If you are facing an allegation of drink driving, it is important you seek advice from specialist drink driving solicitors. We urge you to contact us as soon as possible to discuss all of your options.

DRUG DRIVING

Over 95% of our clients charged with drug driving have been found not guilty. Seeking advice early can significantly impact upon your chances of success at trial if you decide to defend the matter.

FAILING TO PROVIDE

Failing or refusing to do so is a criminal offence would result in you being charged with failing to provide a specimen and you could face almost identical penalties for this offence as if you had been charged with drink or drug driving.

DANGEROUS DRIVING

We urge you to speak to a specialist lawyer as a matter of urgency. Not only can the advice you receive drastically affect the result of the case, we have no doubt that you will feel better and reassured once you know more about the position you are in.

DRUNK IN CHARGE

Over 95% of our clients charged with drug driving have been found not guilty. Seeking advice early can significantly impact upon your chances of success at trial if you decide to defend the matter.

DRIVING WHILST UNFIT

Historically, Section 4 of the Road Traffic Act 1988 was used to prosecute motorists who were driving whilst affected by drugs under the charge of “driving whilst unfit through drink or drugs” which carries similar penalties to those of drink driving.

CARELESS DRIVING

Sometimes called driving without due case and attention, careless driving is driving below the standard expected of a competent and careful driver. The huge range of outcomes that result from a charge of careless driving can be minimised by seeking help as soon after the incident as possible.

CAUSING DEATH OR
SERIOUS INJURY

IMPRESSIVE SUCCESS RATES

No firm can ever guarantee a specific outcome. What we can guarantee is where there is a way to defend your case, we will identify it when the evidence becomes available to us. We are proud of our impressive track record, winning over 90% of trials overall. In some types of cases we have maintained a 100% success rate at trial such as cases involving:

*100% of cases won involving blood & urine samples taken at a hospital (01/01/2022-01/01/2024)

Call us on:
0800 433 2880

Call us on:
0800 433 2880

Motoring Defence Solicitors (MDS)

Specialist Drink Driving and Drug Driving Solicitors

Welcome to Motoring Defence Solicitors London