If you are facing a driving charge in the UK, you may have wondered if you need a solicitor.
To offer a quick answer – you are not legally required to hire a solicitor for the majority of road traffic offences.
However, you should note that receiving specialist legal advice may make a significant difference to the outcome of your case.
Seeking out the right legal advice is certainly recommended when facing serious penalties, such as a driving ban, court summons, or a ‘totting up’ (12+ points) disqualification. A specialist solicitor can help challenge evidence, present ‘special reasons’ to avoid penalties, and, in serious cases, prevent imprisonment.
In this mini guide, we will take a look at when you likely do, and do not, need a solicitor when facing a driving charge. We will discuss how they could help, and the experience a solicitor should have to advise on driving offences.
When you likely do not need a solicitor
Motorists can handle routine driving charges themselves without legal representation in many cases.
Fixed Penalty Notices (FPN) are issued for low-level offences such as a standard speeding ticket or jumping a red light. If you are accepting an FPN – you would usually pay a fine and / or be given three penalty points. This matter is resolved simply without going to court.
If you intend to plead guilty with no mitigating circumstances, you may choose to accept the offence and deal with the matter independently.
In both cases above, hiring a solicitor may not change the outcome significantly.
When you should seriously consider a solicitor
There are several scenarios in which seeking specialist legal advice is highly recommended. These include the following more serious cases:
Risk of a driving ban
Under the UK’s ‘totting up’ system, drivers who accumulate 12 or more penalty points within three years are automatically disqualified from driving.
In some cases, a solicitor can help to present an ‘exceptional hardship’ argument, which may persuade the court not to impose a ban. Drivers might struggle to make this argument effectively in the absence of proper legal preparation.
Serious offences
Legal representation is vitally important in more serious cases such as drink or drug driving, dangerous driving, causing serious injury by careless or inconsiderate driving, or causing death by dangerous driving.
These offences can result in lengthy driving bans, large fines, and in some cases imprisonment. A specialist solicitor can help to build the strongest possible defence; reviewing the evidence and challenging procedural issues where there is the opportunity.
Court summons
If you receive a court summons or a Notice of Intended Prosecution (NIP), the matter may proceed through the court system.
At this stage, an experienced solicitor can help by; examining the prosecution’s evidence, identifying potential legal or procedural flaws, and advising you on the best course of action.
If you have a defence
In some cases, drivers believe they are innocent, or have a special reason as to why an offence has occurred, such as a genuine medical emergency, a drink having been spiked, or driving for a very short distance in extraordinary circumstances.
In general, these arguments require diligent legal presentation and supporting evidence to succeed in court, and as such a solicitor can make a huge difference to the outcome.
Your job depends on your licence
Delivery drivers, sales professionals, or tradespeople often depend on the use of their vehicle to work. Losing a driving licence can mean losing their job, and a solicitor may present an exceptional hardship argument in these cases, which explains the consequences of a ban to the court.
If you have been arrested
If, following an incident on the road, you have been arrested or have been asked to attend a police interview, it is imperative that you seek legal advice as early as possible.
This is because statements made during police interviews can significantly affect the outcome of your case, and so having a solicitor present ensures your rights are protected.
How a specialist road traffic solicitor can help
Road traffic law can be complex, and many cases involve technical evidence such as speed detection devices, breathalyser results, or CCTV footage.
An experienced, specialist solicitor such as Auriga Advocates can challenge unreliable or incorrect evidence, identify legal or procedural errors, present mitigation or special reasons arguments, and represent you in court if necessary.
Our team has over 60 years of experience in road traffic law, and will offer genuine, practical advice after reviewing your case thoroughly. We will develop your defence using a range of available evidence, to reach the strongest possible case. For more information, call our friendly team today on 01270 509496.