HGV Offences

Maidments is a large firm of Solicitors with a number of offices in the North West and West Midlands. We have a team of solicitors and barristers, experienced in motoring law that are here to help you defend your driving offences. We offer a comprehensive service of advice and representation in court. In the event of a successful outcome, we will seek to recover your costs through the court. In certain cases, legal aid may be available.

Whether you are a driver, owner-driver or operate a fleet of vehicles, it is all too easy to find yourself before the courts, facing the loss of your licence and potentially catastrophic financial consequences. The law relating to the use of heavy goods vehicles is complex and, at such a stressful time, it is vital to have clear professional advice to help you to achieve the best outcome.

Tachograph Offences

Anyone who drives a goods vehicle or commercial passenger vehicle is subject to complex British and/or European rules as to the hours he or she may drive and breaks which must be taken. The system for monitoring this relies on the “tachograph”, an electronic instrument installed in the vehicle. Records must be kept and made available for inspection, and the tachograph must be examined by approved workshops at regular intervals. It is an offence to tamper with the tachograph. Employers may be prosecuted for offences committed by their employees.

Totting Up

Although offences in relation to drivers’ hours do not carry penalty points, other offences do (eg offences under the “Construction and Use Regulations” relating to tyres, bakes, loads etc), and both owners and drivers can find themselves being prosecuted for these offences.

Many road traffic offences require the imposition on the driver’s licence of a number of penalty points. If a driver collects twelve or more points within a period of three years, then the court dealing with him must ban him from driving for six months on the first such occasion, twelve months the second time and two years on the third or subsequent occasion.

However, the court may be persuaded that there are “special reasons” not to impose penalty points, or that there are grounds for either not banning or for imposing only a very short ban. The rules are complex.

In certain circumstances, the law allows a driver who has been banned for more than two years to apply for the early return of his licence.

Vehicle Operator Licences

If you operate a logistics business or use goods vehicles in connection with your business, you are likely to require an operator’s licence. A separate licence will be required for each traffic area from which your business operates, and conditions may be attached. Licences may be suspended, curtailed or even revoked if offences are committed. There are also restrictions on the transportation of certain types of waste, dangerous substances and perishable foodstuffs.

Drink Driving

Driving, or attempting to drive, a vehicle whilst unfit through drinking alcohol or taking drugs, or at a time when the amount of alcohol in your body exceeds the prescribed limit will normally result in an automatic ban for at least twelve months. This rises to three years if you have been convicted of such an offence within the previous ten years.

It is also an offence to be “in charge” of a motor vehicle in such circumstances. You can be “in charge” even if your car is parked some distance away. In such cases, the court can (but does not have to) ban you.

You can be required to provide a sample of breath, blood or urine to establish whether or not the alcohol in your body exceeds the prescribed limits (35 micrograms per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 micrograms per 100 millilitres of urine).

Refusing to provide the sample will not help unless you give a reasonable reason (which will often require evidence from a doctor or other expert witness). The same penalties apply as if you had provided a sample which showed you to be over the limit.

Both offences carry a sentence of up to six months in prison, which is more likely to be imposed if the sample shows you to be more than twice the limit. However the procedures the police must follow are complex.

Dangerous Driving

Anyone who drives a motor vehicle on a road in a manner which is “far below” the standard which would be expected of a competent and careful driver, or who drives a vehicle which is in such a state that it should be obvious that to drive it would be dangerous, and thereby risks causing injury or damage, risks going to prison for up to two years. Disqualification is inevitable.

Death by Dangerous Driving

If someone is killed as a result of the dangerous driving, the driver faces up to fourteen years in prison.

Careless or Inconsiderate Driving

The offence is similar to dangerous driving, but in this case the standard of driving needs to fall only “below”, not “far below”, the standard which would be expected of a competent and careful driver or, if the driver drives without reasonable consideration for other road users, ie if he inconveniences them.

The offence is usually dealt with in a magistrates’ court, and is likely to result in a fine and between three and nine penalty points.

Death by Careless / Inconsiderate Driving

If the careless or inconsiderate driving causes an accident, as a result of which someone dies, the driver faces up to fourteen years in prison and a minimum ban of twelve months if at the time he was unfit to drive because of drinking alcohol or taking drugs, or if he refuses to provide a specimen of blood, breath or urine to establish whether or not that was the case.

Causing Death by Driving an Unlicensed or Uninsured Vehicle, or whilst Disqualified

If whilst driving on a road a driver is involved in an accident, as a result of which someone dies, he or she faces up to two years in prison if at the time he was not insured, had been banned from driving, or was not complying with the conditions of his licence.

Case Studies :-

DPP V DD
Lavender Hill magistrates Court
Offence-Speeding

Mr Dennis was caught driving at 60mph in a 40 mph zone and was facing a possible endorsement of 6 penalty points in respect of that offence which meant that as he already had 6 penalty points on his licence, he would have been liable for disqualification under the totting up procedure for a minimum of 6 months.

We successfully argued against the endorsement of his licence and persuaded the Magistrates to impose a short term discretionary disqualification which meant that he could continue to drive after the period of 28 days and his licence remained as it was before with only 6 penalty points.

Testimonial

‘You were great, couldn’t have made it better if you tried, no stress at all’

DPP v PK
Birmingham Magistrates Court
Offence- Excess Alcohol and Failing to stop after a Road Traffic Accident

Miss Kelly was convicted after trial

Testimonial

‘Mandy McIntosh has recently represented me in a case which is now resolved. It was only because of Ms McIntosh’s support and professionalism in dealing with the case that enabled me to get through the past few months, which has enable me to undertake my own job which is extremely busy and very demanding.

I would highly recommend Maidments to a colleague or friend should the need ever arise.

DPP V AR
Redhill Magistrates Court
Offence-Racially Aggravated Assault

The matter was listed for trial before the Magistrates Court but we successfully persuaded the Crown Prosecution Service to offer no evidence against Ms Rossell and a Defence Costs Order was granted.

Testimonial

‘An ‘A’ class service from Mandy McIntosh, a truly wonderful, outstanding solicitor.

My feelings from the outset were right in choosing Mandy. Although I went through a very frightening experience Mandy never let me down not once.

My case never got to trial, and if it had, the belief in what Mandy was doing was always there.

I will never forget Mandy for everything that she has done throughout my process, and the kindness and professionalism she showed throughout my case.

I would highly recommend Maidments Solicitors especially Mandy to anyone who was in need.

I wish Mandy all the best, along with good things in life.’

DPP v AI
Wirral Magistrates Court
Offence-Driving with Excess Alcohol

Mr Ives-Towend was charged with an offence of driving whilst in excess of the legal limit-He was acquitted after trial.

Testimonial

‘I would like to say a very big thank you to Mandy. Right from the start of my son’s case she has been excellent. We were both extremely upset at the time but after speaking to Mandy we both felt better.

We both feel that if it wasn’t for her we think that Andrew would now be without his driving licence and deeply in debt. We were both made to feel like friends and not merely clients. She has been outstanding and we are very very grateful.’

DPP v BA
West London Magistrates Court
Offence- Assault

Mr Ainslie was summonsed to appear before the Magistrates in connection with an alleged assault which he vehemently denied from the outset.

The matter was listed for trial but after successful negotiations with the Crown Prosecution Service we persuaded them to offer no evidence and Mr Ainslie was bound over to keep the peace.

A Defence Costs Order was granted.

Testimonial

‘I just wanted to say a really big thank you for all your work on Barry’s case. It’s been a very anxious 7 or so months and you’ve been brilliant, not to mention incredibly patient. We’ll always be very very grateful to you.’

DPP v JG
Manchester City Magistrates Court
Charge-Failing to Provide a Specimen of Breath for Analysis

Mr Gittens was charged with failing to provide a specimen of breath for analysis when suspected of driving in excess of the legal limit, a charge he always denied.

He was successfully acquitted after trial and a Defence Costs Order was granted.

DPP v Simone Moss
Swindon Magistrates Court
Charge- Driving under the Influence of Drink or Drugs

Ms Moss was charged with one offence of Driving with Excess Alcohol which she fully accepted. We successfully mitigated on her behalf and she was made the subject of a Community order and a Disqualification from driving for a period of 30 Months.

Testimonial

‘Just a quick note to say thank you so much for all your help and support over the past few weeks. Not only were you professional, but extremely kind and sympathetic.’

Pricing

Our pricing for dealing with motoring cases in respect of a single hearing in the Magistrates Court for a summary only road traffic offence are as follows:

Exceptional Hardship Argument

£500 – £2,000 plus VAT at 20%.

The fee will depend on location and degree of complexity.

Guilty Plea and Sentence

£400 – £1,250 plus VAT at 20%.

The fee will depend on location and degree of complexity.

Trial

Trials will normally be dealt with based on hourly rates as below.

No two trials are exactly the same so we cannot provide you with a reliable estimate of the cost. The typical costs, however, of a straight forward case proceeding to trial with no unexpected complications is in the region of £1,000 – £2,000 plus VAT at 20%.

However, on occasions, for a relatively straight forward matter, a fixed costs package may be agreed.

Key Stages

The fees set out above cover all of the work below:

• Taking initial instructions.
• Reviewing the papers advising you on merits.
• Preparing correspondence to the prosecution.
• Preparing for hearing.
• Attending court and representing you there.

These apply in all of the three categories above.

Disbursements

Disbursements are the costs payable to the third parties such as experts. Occasionally we may seek to instruct an expert report and costs of any disbursements in respect of this will be in addition to the above.

Expert reports for motoring offences may typically costs in the region of £500 – £1,500 plus VAT at 20%.

Hourly Rates

Where a case is dealt with by reference to our hourly rates, the following are applied:

	Senior Solicitor	Solicitor/Senior Legal Executive
Preparation, attendance, advocacy, waiting, travel	£198.00	£174.00
Letters out	£19.80	£17.40
Telephone calls	£19.80	£17.40

Plus VAT at 20% on each of the above.

Preparation, attendance, advocacy, travelling and waiting are all charged per hour or part thereof.

Letters out and telephone calls are all charged per item.

* Exceptionally the figures, preparation, attendance and advocacy above may be subject to an increase dependent on the seriousness, and/or complexity of your case. Such figure will be assessed at relevant stages in the proceedings and fully communicated with you. In the event that you are successful and awarded a Defendants Costs Order, you will only have to pay the difference between the costs submitted at the above hourly charging rates and the amount subsequently paid by central funds following consideration of any defendant’s costs order.