Do I need a Lawyer or not?

There are schools of thought that say that for motoring offences a lawyer is never necessary, and alternatively that you always need a lawyer. Both of those views are obviously wrong, and you may want to make up your own mind about someone who tells you that you should always pay for a lawyer.

Let's look at an example situation.

Mr. X has been caught speeding at 80 mph on a motorway. He admits the charge, has a clean licence, and wants above all to not be liable for legal fees and get out of the experience as cheaply as possible. He stands to get 3 points on his licence. He doesn't stand to lose his licence, and is happy to take the points. Contacting a lawyer to get him to write him a written plea to take to court for a small fee might be a good idea, but representation by one at court? Probably unnecessary expense.

An alternative situation involves a driver who was "caught" doing the same speed, but is adamant that he wasn't driving at that speed. Can a lawyer advise a client to plead guilty to something he hasn't done? Of course not. If the client wants to fight for the truth to come out, then it is the lawyer's job to fight for him tooth and nail.

These are two situations which are very similar. In one, a lawyer seems unnecessary, and in another, it is clearly advisable.

Can a lawyer realistically suggest that they are providing a service to a client who is already guaranteed the result they want? Probably not. However, it is dangerous to assume that you don't need a lawyer without taking advice first. If the speed in the above examples was higher, or if the client had 7 or more points on his licence, then a lawyer is simply necessary, as the client could be at a high risk of losing his licence.

In cases where somebody is relying on a legal defence, such as emergency, or is asking the court to use its discretion not to order a Ban (see Special Reasons), legal precedents (past decided cases), or multi-stage legal tests can arise for which a Lawyer is again highly advisable.

For any excess alcohol charge, we advise contacting us for a free chat to consider your options.

Technical Defences to speeding or drink driving charges

Generally speaking, any challenges to technical evidence relating to either speed detection equipment such as Laser or Radar equipment (LTI2020, Prolaser, Falcon Radar etc.) or alcohol monitoring equipment (Lion Intoxilyser 6000 or ECIR) require expert legal representation and possibly expert evidence to combat the evidence effectively.

Similarly, cases in which a challenge to a Police Officer's credibility (because they are either mistaken or not telling the truth), the Police Officer concerned will have a lot of experience in a courtroom. Even an intelligent and educated defendant can be at a disadvantage in this environment, which can seem tailor-made to exclude and marginalise the accused person.

The circumstances where a Lawyer is not required are usually limited to guilty pleas for:

• Speeding offences for low speeds (for example 36 mph in a 30 mph zone), unless the defendant has a high number of points.

• Other 3 point offences (i.e. low tread on a tire), unless the defendant has a high number of points.

If you wish to find out if you need a lawyer for your case, then please phone us on freephone 0808 155 4870 and we will be happy to give you an idea of whether one is necessary in your circumstances.