Motoring Defence Solicitors London

Specialists in Drink Driving & Drug Driving offences

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Specialist Motoring
Offence Lawyers in London

Welcome to Motoring Defence Solicitors; dedicated exclusively to providing bespoke and specialist representation to motorists charged with road traffic offences.

Based at our head office in Central London, we represent motorists all over England & Wales and 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. 

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Specialist Motoring Offence Solicitors London
Why we offer initial free advice?

Motoring Defence Solicitors has been defending motorists since 2008 and has accrued an outstanding success rate with clients being found not guilty.  Many firms that “specialise” in road traffic law only represent motorists in pleading guilty to minimise the penalty and are not aware of defences that may be available. We have a proven track-record of winning cases and offer free initial advice.

Instructing representation is a big decision that should not be taken lightly. You need to ensure that the representative you are paying to represent you is able to do so effectively. You must also be able to trust your representative and have confidence that they are acting in your best interests. We offer initial free advice so you can:

  1. Get a sense of who we are and who will be preparing your case;
  2. Find out about the options available to you; and
  3. Begin to build a rapport with your lawyer.

We want to ensure you are comfortable and fully informed before you make any commitment about your case.   

Defending road traffic allegations is often mistakenly viewed as being only available to the wealthy with high-profile cases being reported on each year in the news.  We offer expert and specialist representation without a celebrity price tag as we understand that most motorists who are dependent upon their licence do not benefit from unlimited funds and justice should be accessible to all.

Should I have been able to speak to a specialist motoring offence solicitor when I was at the police station?

Access to free legal advice is one of your basic legal rights whilst in police custody. When you arrive into the custody area, the offer of a solicitor/legal advice should be one of the first steps of their procedure. That said, the police do have a duty to investigate any allegation promptly so it may mean that the breath test procedure will not be delayed whilst you seek legal advice. The issue can often be a complicated one however and there are some situations where lack of legal advice can be hugely significant in a case. 

Drink Driving

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

Drug Driving

100% 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. 

Blood & Urine Samples

​100% of our clients have been found not guilty at trial when a sample of blood was taken regardless of the charge. If you have donated a sample (blood/urine) contact us as soon as possible 

Hospital Procedure

Donating a sample whilst in hospital has a significant impact on your case and the advice we will give you. If you were a patient during the police officer’s procedure, contact us today!

Most Common Questions & Answers for
Road Traffic & Motoring Offences

We have addressed some frequently asked questions that may also be of assistance

The short answer is it largely depends upon the circumstances and the level of penalty you face. Drink driving (and drug driving) can attract a range of penalties starting at 12 months ban but more serious cases can see that ban increased significantly to several years. These offences can also attract community orders and terms of imprisonment, so we would recommend you speak to us for some free advice about whether you need help with your case. Also, if you’re unsure between the difference between solicitors and barristers, our motor law expert Neil Sargeant has written an article on this very topic, please click here to read the full article.

The law and the proceedings that arise from its implementation are vast, confusing and complex. It is an odd period we currently live in where the value of a solicitor, barrister or other type of lawyer is not widely known but a professional in this field can help you navigate these proceedings and hopefully come out with a good result. You should always bear in mind that even though road traffic cases are often considered to be minor, you (an individual) are still being Prosecuted by the state (a huge, governing body). You are immediately at a disadvantage in this situation because the Prosecution/The State, hold all the cards and have all the information. Instructing a representative can help put you on a level playing field to ensure equality of arms and will almost certainly make it more likely that you receive effective justice. So many motorists do not seek advice after they have already been convicted and this is hugely frustrating as there are often things we could have done to help prior to the case progressing so far.

Motoring Defence Solicitors do not accept cases that are legally aided so if you wish to instruct us you will either need to pay privately or fund the case via a policy of insurance. The reason for this is simple: we want to provide you with the best level of representation. As a rule, legal aid is unavailable for those charged with road traffic offences unless two strict tests are passed. The first is the “means test” where a defendant applying for legal aid must show they earn the minimum in terms of income. Even if you pass that test, you must also pass “the interests of justice” test. You would likely not pass this test unless you were at risk of prison.

Even if your case did qualify for legal aid, we would not accept instructions as legal aid is simply too restrictive. To effectively represent you we must be able to prepare your case effectively and legal aid does not provide funding for so many aspects that are required in defending a road traffic case. For example, if you were charged with drink driving and were challenging the reliability of the blood sample, you would need an expert witness who is suitably qualified and experienced enough to do that. These experts are extremely limited and none that we know of accept cases that are legally aided due to how little the experts would be paid.

We appreciate this may be hugely frustrated but please remember that there are other funding options available. With privately funded cases we can often arrange flexible payment agreements and many motorists have insurance policies that can cover the costs, so we would recommend you contact us to discuss this in more detail. We also have a dedicated page on our fees, please click here.

We are often asked this question as many motorists assume that there is no defence. Unlike general crime (theft, rape etc) there can be what is called a “statutory defence”. This is a defence that is written somewhere in amongst the vast volumes of text that contain the laws that govern us all. Somewhere in a book, it will say that “you are not guilty of theft if xxxxx” (or something to that effect). The difference with road traffic cases such as drink and drug driving is that there are very few “statutory defences” but instead, there are a range of technical defences. The term “technical defence” or “technicality” itself often inspires an eye roll or disbelief but we believe this is due to a lack of understanding. For example, the law says that if you drive whilst over the limit of alcohol then you are guilty of a criminal offence and that is right. If, however, the evidence that you were over the limit is a blood sample, and we find that the blood sample was contaminated or flawed in some way- how or why should that person still be convicted of a criminal offence? Whenever a person is prosecuted, it is “the State” prosecuting an individual. The state is the huge governing body of our country with a frightening level of power and influence over our lives. If they want to prosecute someone and potentially deny that person of their liberty, they must ensure they are doing so correctly and they must ensure that any conviction is “safe”. Regardless of your feelings towards terminology like “technicality”, if it is your life that is at risk of being turned upside down, would you be happy possibly being convicted as a result of “dodgy” evidence?

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 contract, 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.

Instructing a firm of specialist Motoring Solicitors is a decision not to be be taken lightly. When you instruct a lawyer, you are putting your trust in them and their ability to prepare your case to ensure you get the best representation. The “best representation” is that which keeps you fully informed and makes you aware of all the potential consequences to your decisions and actions throughout the case. Decisions and actions have consequences and some of them can be life-changing so if you are instructing a representative, you must have a degree of trust in them. Your representative is going to be advising you on evidence in your case and some of this may be evidence/advice that you don’t particularly like. In these situations, you need to be comfortable in accepting that even though you do not like the advice, you trust that it is still the best advice under the circumstances. Sometimes pleading guilty to an offence can be better in the long run but this is not always easy to accept. He worst situation you can be in is having paid a representative to help you and not trusting that they are acting in your best interests.

The best way to put your mind at rest about any representative is by speaking to them as only then will you get an idea about their skills and experience. Everybody has different personalities and you need to have a good fit with your representative.

So many firms claim to specialise in road traffic law but when you scratch beneath the service it becomes apparent that they only really represent motorists who are pleading guilty to an offence and, as explained further up the page, representation is not always needed. If you want to defend a case such as drink driving, we would recommend asking specific and direct questions about that specific person’s experience. How many cases do they deal with? How many of their clients charged with drink driving are found not guilty? You claim to have a great success rate but is this your success rate or that of a colleague’s? These are all questions that are worth asking.

Officers only need “reasonable suspicion” that a motorist may be over the legal limit in order to require breath sample. If an officer forms the opinion that your driving is erratic or that you are going too fast they can use this to justify a requirement for a breath sample and subsequent arrest. 

The best way to put your mind at rest about any representative is by speaking to them as only then will you get an idea about their skills and experience. Everybody has different personalities and you need to have a good fit with your representative.

So many firms claim to specialise in road traffic law but when you scratch beneath the service it becomes apparent that they only really represent motorists who are pleading guilty to an offence and, as explained further up the page, representation is not always needed. If you want to defend a case such as drink driving, we would recommend asking specific and direct questions about that specific person’s experience. How many cases do they deal with? How many of their clients charged with drink driving are found not guilty? You claim to have a great success rate but is this your success rate or that of a colleague’s? These are all questions that are worth asking.

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Road Traffic & Motoring Offences

The advice and representation we can offer relates to (but is not limited to) the following:

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!

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 has never lost a case of drug driving or driving whilst unfit through 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”.

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.

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.

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 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.

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.

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

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