Steering you in the right direction

When faced with an issue which could impact your ability to drive, whether physically or legally, the importance of your vehicle in your daily life comes into sharp focus. Everyday tasks such as commuting to work, school-runs and attending appointments become much more difficult and it’s almost unimaginable how they could possibly be done without your car or driving licence. 

With a specialist motoring offence solicitor on your side, you may be able to avoid such drastic implications. Our team is backed by a tier 1 Legal 500 ranking. Contact us today to find out how we can help you.

How we can help you

If you are facing driving charges, you’re bound to be apprehensive about what a guilty verdict may mean for you and your everyday life. Whether you wish to avoid a hefty fine, penalty points or disqualification, our expert team can help. Our motoring law services can assist you with: 

  • Speeding charges 
  • Drink-driving charges 
  • Dangerous driving/driving without due care and attention charges 
  • Road traffic accident compensation claims 

No matter the charges or circumstances, we believe that everyone has the right to the best possible legal advice and representation. Drawing from our extensive experience, we will tailor a strategic and proactive approach to your case, ensuring your legal rights are protected at all times.

What happens next

In most cases, driving offences are non-prisonable, although some matters may involve police station questioning or hearings at a Magistrates’ Court or Crown Court. In these cases, our expert team of criminal defence lawyers and Higher Court Advocates will be able to guide you through every step of the process. 

Accessible and responsive advice

With offices based in Derby, Burton Upon Trent, Leicester, Swadlincote and Stoke on Trent, we pride ourselves in providing an accessible service. Where cases are held by courts in other parts of the country, we have the experience and ability to arrange for the transfer of proceedings to our local court. 

From our years of experience, we understand how important responsive action is in these cases. Therefore, where matters involve police proceedings, we can offer a 24 hour, seven days a week service, meaning no matter the time or day, our experts are on hand to help you in any way they can. 

With the belief that everyone has the right to legal representation, we can advise on whether legal aid is available for your case. Although this is typically only available for more serious driving offences, such as: 

  • High-reading drink-driving offences 
  • Offences resulting in death or serious injury 
  • Imprisonable offences aggravated by previous convictions

In all other instances, we will transparently discuss private funding options with you to ensure there are no costly surprises along the way.  

Additionally, we have extensive experience in guiding clients through the process of making an Exceptional Hardship Application, which has become increasingly harder and requires detailed preparation. If we believe you have been wrongfully convicted or given an unduly harsh sentence, our experts will provide in-depth advice to strengthen the merits of your potential appeal.

Don’t just take our word for it…

Our highly-experienced department is recognised as being in the top tier of the Legal 500, with Partners in the department, Andrew Oldroyd and Kevin McGrath, identified as a leading individuals. 

Andrew Oldroyd heads the criminal defence practice at Smith Partnership with the assistance of Kevin McGrath, who leads the corporate crime and fraud unit. Noted for its ‘great experience, technical ability and commitment‘ the firm takes on defence cases relating to homicide, drug conspiracies, sexual assault, motoring offences and prosecutions by various regulatory bodies. Other key contacts are David Cusack and Crown Court litigators, Vasanti Vaitha and Beth McGovern.

The combination of friendliness and professionalism – they are very approachable and do not give the impression of “judging” clients. They have a strong work ethic and far better respected than other firms in the local area with a high volume of Higher Court Advocates.

Very strong criminal team, with great experience, technical ability and commitment.

Huge presence in The Midlands for crime. Andrew Oldroyd partner takes the case on as though each client is a family member.

The Legal 500, 2023

Why Choose Smith Partnership?

With Smith Partnership on your side, you can rest assured knowing that your case is backed by the best possible representation and defence. 

As a firm, we pride ourselves in providing a clear and practical service. This means that any communications or advice you receive from our solicitors will always be straight-talking and free of any legal jargon. We understand how important it is to be fully aware of your position and options throughout every stage of a motoring offence case so if at any point you are uncertain, any member of our dedicated team will be more than happy to help.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

Leaving the scene of an accident is ill-advised and has serious sentencing consequences if you are charged with an offence. We would advise you to make immediate contact with the police to explain the circumstances. A member of our team will be able to help you coordinate this and attend the police station with you.

Whilst the personal consequences could be significant, you cannot receive a custodial sentence as driving without insurance is non-imprisonable.

If you have been required to attend court, it is likely that the implications of the charges are significant. This could include the prospect of disqualification or imprisonment. We will always be able to assist with court proceedings and advise as to law and procedure. We can discuss available fee options, which could include Legal Aid in the most serious cases.

You should make immediate contact with a member of our team. The circumstances of the offence and the level of speed will determine whether a court appearance is necessary. Your employer should also be informed. Should a period of disqualification ensue, there could be implications for your future HGV licensing status.

Drivers generally face a minimum six-month disqualification on accumulating 12 points over a three-year period. Recent publicity has reflected upon drivers who have accumulated alarming levels of points and retained their licences. This is feasible when a driver can establish, by giving appropriate evidence, that he or she and/or third parties would suffer ‘exceptional hardship’ if he or she was banned. New Drivers who accumulate six points will have their licence revoked by the DVLA which will necessitate re-taking their test. This should be distinguished from a disqualification by the court.

As of 1 March 2017, the fixed point endorsement is six points.

Contact a member of our defence team immediately. Depending on the circumstances, the court may be able to deal with the case in your absence and we will be able to advise you accordingly. If you wish to avoid attendance, we will be able to assist with written representations on your behalf. If the speed is excessive or you have previous driving convictions, the court may demand your attendance if they wish to consider disqualification. We will prepare your case thoroughly to ensure the best possible outcome.