Always In your Corner
Motoring & Transport Law
KMC Legal and Finance appreciates how important your driving licence is to you. The team have years of experience in finding ways to defend cases or when that is not realistic we look to ensure that any penalty points or fines are kept to a minimum.
Unlike many firms or so-called specialist websites, we do not have a panel of lawyers but instead we have experienced Solicitors who are experienced in dealing with cases in the Magistrates’ and Crown Courts around the country. We believe that this gives you an advantage as we know the system and how to get results in these situations.
We are often instructed when clients have been let down by the solicitors provided as part of their motoring insurance. The reason is that often those firms work on a percentage basis so if they are not sure of a success they will not take the risk. As you may have guessed, they are large firms with little experience of the reality of the courts. They will simply read files and then instruct others to attend court. We know that the risks are often worth taking as you have lots to lose but little to gain by just pleading guilty. Our business is heavily based on recommendations so good results are what define us.
further assistance
KMC Legal and Finance deploy experts to assist in supporting defence arguments to include post driving alcohol consumption experts (hip flask defences), medical experts especially in cases where failing to provide a specimen is alleged, drug experts and road traffic collision investigators.
Of course there are occasions when the motoring offences are more serious and lead to matters being sent to the Crown Court. Although we have a number of Solicitors who are Higher Court Advocates, we will often want to involve Barristers who specialise in motoring defence and are experienced with the Crown Courts. If needed, we will recommend a selection of Barristers that fit both your case and your budget. If we do instruct a Barrister, remember that you remain our client and that the Barrister is instructed by us on your instructions. You retain control and we make the decisions together.
Offences
We deal with all levels of offences with particular emphasis on these:
- Speeding
- Totters
- Failing to give details/nominate a driver (s.172 offences)
- Failing to report
- Failing to stop
- Due care
- Excess alcohol
- Dangerous driving
- Death by dangerous driving
We are based in the Midlands, so we can access most courts and are used to travelling throughout the county. Where possible we use our in house advocate to reduce costs to clients, we can offer fixed fees for driving matters which manage costs, our hourly rates are set out in our standard terms and conditions.
Costs
Legal Aid is not generally available for driving offences. That is because it is not only means tested but subject to what is known as an “interests of justice test”. That means being in danger of being sent to prison. If we believe that you may qualify for legal aid, then we will assist you in applying. This may be the case where there are relevant previous driving disqualifications, or due to the seriousness of the offence committed itself.
If you are found Not Guilty of the offence(s), or the Prosecution discontinue the matter, then we will ask the Court to make a Defence Costs Order. This means a portion - but not necessarily all of your legal fees - will be refunded by the Court. Guidance on obtaining this money can be found here. If you wish for us to do this on your behalf then there is an additional cost which is set out in our terms and conditions. https://www.gov.uk/guidance/claim-back-costs-from-cases-in-the-criminal-courts.
We will agree the choice of advocate with you on a case by case basis.
Our team have a number of 5 star reviews for motoring related offences!
We have recently succeeded with a number of exceptional hardship applications and have had cases thrown out for the police failing to give the proper statutory warnings.
