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Price & Servicing Info (for Motoring Offences)

Price & Servicing Information (Summary Motoring Offences)

COBLEYS SOLICITORS LTD

 

PRICE TRANSPARENCY POLICY FOR SUMMARY ONLY MOTORING OFFENCES


This policy is prepared by Cobleys Solicitors LTD in order to provide clients with an easy to understand guide on the prices that we charge for privately paid, summary only motoring offences.

What are summary only motoring offences?

Summary only offences are offences that can only be dealt with in the Magistrates Court and cannot then be heard by a judge and jury in the Crown Court.

For many motoring offences in the Magistrates Court, Legal Aid is unavailable; therefore, if you wish to be legally represented you would have to instruct a solicitor on a private paying basis.

What motoring offences does this policy include?

Common examples of summary only motoring offences are:

Speeding
Using a mobile phone while driving
Failing to comply with a traffic signal
Failing to stop / report an accident
Failing to name driver
Driving without a licence
Driving without insurance
Careless Driving
Driving with excess alcohol
Driving under the influence of drugs
Drunk in charge of a motor vehicle

Why would I need to instruct a Solicitor privately for these types of offences?

When you are charged or summoned to attend court regarding a motoring offence, you are at risk of having points placed on your driving licence or even being disqualified from driving. You may wish to instruct a solicitor to represent you. On a guilty plea or finding of guilt in relation to the motoring offence your solicitor could argue for you not to be disqualified from driving in certain circumstances.

Totting up

If you reach 12 points on your licence you tot up on the points scheme, which means that you should be disqualified from driving. Your solicitor may however be able to argue for you not to be disqualified by running a special reasons or exceptional hardship argument. If successful, you will not be disqualified from driving.

In certain circumstances even when a driving disqualification should be imposed, the court may not disqualify.

Special Reasons argument

Even if technically guilty of an offence, a defendant can run a special reasons argument in certain circumstances at court. If successful, this will result in a driving disqualification not being imposed, even for offences such as driving with excess alcohol (drink driving).

The special reason not to be disqualified must be linked directly to the way in which the defendant committed the offence rather than the defendant’s personal circumstances.

Exceptional Hardship argument

When a defendant reaches 12 points on their driving licence, the starting point for the court is to disqualify them. If the defendant can successfully argue that if disqualified they would suffer exceptional hardship, and the court accepts the argument, the defendant will avoid disqualification.

Typical timescales and key stages of the matter

The majority of guilty plea cases are dealt with on one occasion and therefore conclude on that day. Trial cases for summary only motoring offences will usually be concluded within 3 months of the first court appearance, although timescales can vary from case to case.

What fees do we charge?

Guilty plea cases that are sentenced and concluded in one court session.

We charge a fixed fee of £300 + VAT

This fixed fee includes consideration of the evidence in the case, taking initial instructions and advice on plea. Thereafter the advocate will represent you at the court hearing.

This fee does not include court hearings that extend beyond one court session (a morning court hearing or an afternoon hearing), instructing of expert witnesses (for example a Doctor or a Forensic Scientist), interviewing witnesses (including character witnesses), representation at trial, exceptional hardship or special reasons hearings.

The fixed fee is based on you being represented in our local courts - Liverpool, Wirral and Sefton Magistrates Courts. Outside of these courts, travel will be charged at £50 per hour + VAT + travel expenses (mileage is charged at 60p per mile).

Exceptional Hardship / Special reasons argument

We charge a fixed fee of £400 + VAT

The price includes consideration of the evidence in the case, obtaining mitigation, consideration of evidence that assists the exceptional hardship / special reasons argument, consideration of character references and representation at court for the exceptional hardship / special reasons argument.

The price does not include interviewing additional witnesses and instructing expert witnesses.

The fixed fee is based on you being represented in our local courts - Liverpool, Wirral and Sefton Magistrates Courts. Outside of these courts, travel will be charged at £50 per hour + VAT + travel expenses (mileage is charged at 60p per mile).

Trial cases

We charge a minimum fixed fee of £1000 + VAT.

Trials can vary in size and complexity therefore, what we charge will depend on a case to case basis. The minimum charge for a trial will be £1000 + VAT.

The minimum fee of £1000 + VAT includes representation at the first court appearance when the not guilty plea is entered, consideration of the evidence, obtaining the defendant’s instructions on evidence, preparation of questioning for trial and being represented at trial by your advocate and being represented for sentence, if convicted.

The fee does not include taking statements from more than one witness, the instruction of expert witnesses, and representation for a special reasons argument or exceptional hardship argument. The fee does not include an appeal.

For cases that are more complex, for example cases involving multiple witnesses, large amounts of evidence and cases that will extend beyond a one-day trial, an estimated fee of additional costs will be given based on an hourly rate of £200 + VAT in addition to the minimum fee of £1000 + VAT.

The minimum fee is based on you being represented in our local courts - Liverpool, Wirral and Sefton Magistrates Courts. Outside of these courts, travel will be charged at £50 per hour + VAT + travel expenses (mileage is charged at 60p per mile).

Disbursements

Disbursements are the additional costs in a case which will be recovered from you. They may include travel expenses (petrol expenses / train fares) or the cost of expert reports.

Additional information

Where possible we will keep to the figures posted on this website. There may be circumstances in which there is an unforeseen complexity in the case which will require additional work that is not covered in the fixed fee. We will not proceed with this work until we have consulted you first. You will be advised at each stage of any case what the fees are and whether there will be any additional fees. Cobleys Solicitors LTD reserves the right to amend and change the fixed fees.

Who will represent me?

Our team has over 30 years of experience in delivering high quality work relating to summary only motoring offences. The motoring team solicitors are:

Paolo Martini – Managing Partner and Director.

Admitted as a solicitor in 1995, Paolo is a Head of the Criminal Department, a Crime Supervisor, a Duty Solicitor and Higher Court Advocate (Crime). Paolo has a wealth of experience in general crime and road traffic offences. He has spent most of his legal career at Cobleys and deals with some of the most serious and complex cases and prosecutions around the country. Paolo Martini’s reputation is nationwide, him having represented clients in almost every town and city in the country. Paolo’s attention to detail and total support of his client means that he has a fiercely loyal client base around the country. Paolo loves to study and prepare a case to the nth degree and always achieves his target of knowing the case better than anybody else in the court room. Knowledge is power. Cases have been won and lost on the finest of details.

Joseph Ely - Associate Solicitor

Admitted as a Solicitor in 2012, Joseph specialises full time in general crime, prison law and road traffic offences. Joe is a 24-hours-a-day-7-days-a-week hands-on lawyer who advises and supports clients at all stages from the police station detention through to trial at the Magistrates’ or Crown Court. He likes to be involved from the very first telephone call from the client or the police to the acquittal at the Crown Court. Joe is a client-centred lawyer, who is always willing to have an informal chat about potential cases as soon as issues and problems arise, providing straightforward, honest and comprehensive yet compassionate advice.

Marcela Salter – Associate Solicitor

Marcela is a Solicitor in the Magistrates’ Court team at Cobleys. Marcela has over 25 years’ experience working in Criminal Practice, working initially as a paralegal before qualifying as a solicitor in February 2016. Marcela gained a Law degree at Liverpool John Moore’s University before completing her Legal Practice Course at the same university. In 2014, Marcela completed her training contract in Manchester before returning to Liverpool.
Marcela Salter provides police station advice and assistance and regularly appears in the Magistrates’ Court and Youth Court. She is also a Duty Solicitor, having gained her Magistrates’ Court Qualification in 2017. Marcela has substantial experience of advising, assisting and representing clients for general crime and road traffic offences.
Marcela speaks fluent Spanish.

Clare Roche - Associate Solicitor

Clare Roche is a Supervisor at the firm’s Huyton office. Clare is also a Solicitor in the Magistrates’ Court team at Cobleys and a Criminal Duty Solicitor. Clare has over 17 years’ knowledge and experience working in Criminal Practice, working initially as a Crown Court Clerk and paralegal before qualifying as a Solicitor in November 2015.
Clare gained a Law degree with Honours at Liverpool John Moore’s University where she also completed her Legal Practice Course. In 2013, Clare completed her training contract and subsequently went on to practice as a Solicitor in general crime, road traffic offences and prison law.
Clare provides police station advice and assistance and regularly appears in the Magistrates’ Court and Youth Court. Clare is particularly skilled in advising, assisting and representing clients for general crime and road traffic offences.


Nick Woosey – Associate Solicitor
 

Nick Woosey joined Cobleys in 2019 and has been qualified as a duty solicitor since 2009. Nick was admitted as a solicitor in May 2006. Nick has defended many driving offences including drug driving, failing to provide a specimen and exceptional hardship arguments and has substantial experience dealing with a range of motoring offences. Nick has acted for clients in the Police Station and Magistrates/Youth court since he qualified. Nick will provide advice and support throughout the progress of your case. Nick attends court most days and also attends at police stations to represent clients.

Prior to qualifying as a solicitor, Nick worked as a Registered Nurse in health care.


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Cobleys Solicitors Ltd

Head Office:
19-23 Sir Thomas Street
Liverpool,
L1 6BW ENGLAND

FREEPHONE: 0800 145 6455*

Telephone: 0151 242 9000
Fax: 0151 236 2911
or 0151 236 0712


Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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Branch Office:
Cobleys Solicitors Ltd incorporating
Patrick McLoughlin & Co
59 Derby Rd
Huyton
L36 9UQ ENGLAND

Telephone: 0151 482 1236

* (Calls from mobiles to 0800 numbers may be subject to a charge by the provider.)
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