With the cost of living crisis showing now signs of improvement if you are facing a road traffic prosecution the costs of representation will loom large in considering whether to pay for representation, try for duty solicitor or legal OR represent yourself.
Duty solicitor/ Legal Aid
For minor motoring offences which do not carry imprisonment or disqualification you will get duty solicitor or legal aid. Even if you offence does carry imprisonment of disqualification you will have to be within financial limits which are currently £12475 – £22325 (if you have dependants). At the higher level you could be ordered to pay contributions which are often more than private fees. Most motoring offences to not carry a risk of imprisonment and as such few fall within the merits element of the assessment. Below is a link to the eligibility calculator.
https://www.gov.uk/guidance/criminal-legal-aid-means-testing
Duty solicitors will not represent you on a not guilty plea. They are listed for each courthouse to deal with early guilty pleas and prisoners. Your case would be one of many in most courts and you would have to wait your turn. Needless to say the amount of time that can be spent on your case is minimal and there will be no pre-court preparation. But it is free. We have seen cases where the duty solicitor is so busy that they have been unable to represent everyone who wanted them and those people have, at the last minute, had to represent themselves. Duty solicitor, is a risky option – you do not know who you will get, they will have little time to prepare and they may not have time to represent you.
Legal Representation by Solicitor/barrister
You may wish to pay for legal representation to ensure you get the specialism you need. If your livelihood depends on keeping your licence it is important that you consider carefully who and what you are getting for your money. Remember general criminal solicitors are not specialists and they do tend to be more re-active than pro-active. Generally they are not much cheaper than some specialist firms. Specialist firms such as Auriga would be your best option due to the fact they are specialists and their modus operandi is to be pro-active in all cases and dedicate time to their client’s cases. It is this prompt early action and pro-active involvement which enables us to succeed.
However, whether a general criminal lawyer or a specialist they will have to be funded. So, you will need to consider whether to engage a solicitor and pay privately for them or represent yourself. A private solicitor will remove the stress of preparation and representation in court. They have the knowledge and experience to do this confidently on your behalf.
Self Representation
Representing yourself in the Magistrates Court can be daunting particularly without any support and having to learn everything yourself from google and the internet. Both can often be misleading and take you down the wrong path.
Self representation is certainly cheaper without fees but if you are pleading not guilty to an offence you also have to consider the prosecution fees you would incur if you lost.
Below are some considerations to help:
Below is a table of considerations:
Is there anyway to represent yourself with legal support?
Solicitors do not generally offer legal support as they wish to secure funds from representing you and preparing your case for you. However, Auriga have always offered trial guides and support.
However, in recent months it apparent that a lot of people cannot afford the fees of specialist solicitors so they feel lost. Many, despite have a good defence chose to plead guilty as they feel they have no choice even when it means they will lose their jobs or liberty. But, we have come up with a solution. Auriga Academy. Auriga Academy offers a series of courses depending on whether you want to plead guilty, guilty with exceptional hardship or run a trial.
They cost a lot less than full representation and yet, offer you a really good chance if you chose to represent yourself because we are with you each step of the way. Our clients are getting a lot of success using these with our support.
What do you get:
- Step by step guide to the court procedure and documentation
- Templates to use for evidence in your defence
- Detailed information on what to do at court at each hearing (there are often two hearings for a not guilty plea)
- Advice on whether to plead guilty or not guilty
- How to work out your likely sentence
- How to cross examine witnesses
- What to say at each stage of your case at court.
- Review and advice on your case from one of our specialist lawyers
If you cannot afford legal representation our courses offer you the next best way of defending your case with far less financial risk. They are a more cost effective way of dealing with less serious cases such as speeding or mobile phone offence. They offer a really effective way of defending yourself if you face more serious penalties such as disqualification which will impact on your livelihood.
If you are interested in one of our courses take a look at
https://aurigaacademy.getlearnworlds.com/home
OR
Call us on 01270 509496 where one of our experts will discuss the courses with you and give you some FREE initial advice on your case.
Andrea Clegg
8 January 2024