Frequently Asked Questions (FAQs)
1. Attending the Police Station
Should I answer questions in the interview or reply no comment?
In drink & drug drinking cases the reason for the interview is typically to obtain a confession that you were driving the vehicle. There is no legal requirement to assist the police with these enquiries and you may give a no comment interview to test the evidence at court and present a case of no case to answer.
Can I give a prepared statement to the police before the interview.
Yes this may apply if you disagree with some aspect of the case but do not wish to incriminate yourself or you are too nervous to speak in the interview. You may discuss this with the representative before the interview.
I have been asked to attend the police station for interview. What should I expect?
If you choose to be represented the police will tell the lawyer what evidence they have before the interview. You will then have a private consultation with the lawyer who will advise you about the evidence and whether you should answer questions or give a no comment interview.
Do I need representation at the police station?
If there is going to be an interview you should have representation. The benefit is that the representative will provide support, they will usually be told the case against you before the interview so you are not ambushed and they may deal with any inappropriate conduct by the interviewing officers. If on the other hand you are attending simply to be notified on the outcome of an investigation representation is not required.
What should I do when asked to reply at the time of charge?
If you have a factual defence to the charge it is usually beneficial to make a short reply when you are charged. If instead you have instructed us to test the evidence against it is usual to respond with ‘no reply’. This does not replace the need for legal advice as each case is different.
Will I be kept in the police station for long when attending for interview?
You should be released after the interview once the police have completed the relevant documentation. Occasionally there can be a slight delay where the custody suite is busy.
What are the possible outcomes following the police station attendance?
The police may decide to take no further action, or may release you pending further investigations or they may charge you to appear at court or they may decide to send a postal requisition which is the same as being charged with notification by post.
Does the preparation fee cover the police station attendance?
The police station attendance may be dealt with by way of referral to a legal aid funded representative or you may pay privately for the firm to represent you. The preparation fee covers case preparation including the request to retain police video footage, requesting the evidence and booking representative to attend court.
2. Receiving advice on your case
When will you advise whether I have a case or not?
Before the first hearing we give initial advice on whether there are grounds to defend the charges based on your instructions. After the first hearing we give full advice on the strength of the case after reviewing all the evidence and we will assess whether the case can be dismissed where the police fail to release evidence. However in some cases we may identify evidence in support of your case before the first hearing and ask for the charges to be discontinued or we may persuade the police to take no further action even before you are charged.
Will it make matters worse if I plead not guilty?
The court is not required to reduce your driving ban for guilty plea. 'Credit for guilty plea' may only reduce the fine or community service. In this respect you have nothing to lose by pleading not guilty to defend your driving licence. There is more information about this on the Blog section of the website.
When do you advise whether to plead guilty or not guilty?
We generally don't receive additional evidence and video footage until after the first hearing. Most opportunities to have the charges dismissed happen where the police video footage shows mistakes in procedure or the police fail to supply additional evidence after the first hearing making a fair trial impossible. For this reason we won’t know how strong your case will be until after the first hearing and you should therefore plead not guilty if you would like the opportunity of defending the charges.
I have been advised by the representative at court that the evidence pack shows the police have done everything correctly. Should I plead guilty?
You may be advised by the representative at the first hearing that the evidence pack appears to show the police have done everything correctly. However in many cases the video footage shows this not to be the case so we never accept the evidence pack at face value. Also many successful cases are achieved where it is impossible to have a fair trial where additional evidence is not supplied by the police after the first hearing. The only way to take advantage of these opportunities is to plead not guilty so we can test the prosecution case.
3. Getting Ready for the First Hearing
What character references will I require if any? Is there a type of person best for this? What should be included? When will this be needed by?
Our welcome pack contains more information about who to approach and how the character reference should be structured. These are only necessary on sentencing. If you intend to plead not guilty these will not be necessary.
What information do I need to provide before the first hearing?
You will need to provide a statement (for our file only) and copy charge sheet if you have been charged. You may also be asked to comment on the evidence pack. There is nothing further for you to do at this stage.
How should I set out my statement?
You should provide your recollection of events on the date of the incident and you should discuss your personal circumstances and the impact of a ban or criminal record on your work and family situation. You should also incliude a list of the points you would like to be emphasised in court. The statement is for our file only. The welcome pack provides more guidance.
What will the solicitor do to prepare for the first hearing
We carry out several routine steps which may include the following - request police video footage to minimise the risk of this being deleted (this is vital evidence for us to check for mistakes in police procedure), review the evidence pack from the prosecution if you have been charged (the IDPC), write to the police to recommend no further action, representations for discontinuance to the prosecution, arranging independent analysis in blood or urine sample cases and prepare instructions to the representative attending court.
Does your solicitor need to request police video footage straight away?
If you are defending the charges it is very important that we formally request police video footage straight away in case this is deleted. Once we attend the first hearing we then ask the court to order the police to send this to us. The police are typically required to supply this within 28 days of the first hearing. See the article 'when to request video footage' on the blog page for more information on how the request for the video footage itself can result in dismissal of charges.
When will my solicitor get to see the evidence against me?
We normally receive the evidence pack or IDPC (initial disclosure of prosecution case) a few days before the hearing. This usually includes the bare minimum of what you are entitled to including the charge sheet, case summary, witness statements from the arresting officers and details of any criminal record. If you are defending the charges, the critical evidence, including video footage and police documentation that we need to check for mistakes in procedure, is not routinely provided until after the first hearing.
4. Representation at court
Do I need representation at the first hearing?
If you are pleading not guilty it is important to have representation so we can present the legal issues properly, make the correct requests for video footage and documentation and explain which witnesses are needed, how long the case is likely to last and edit witness statements if necessary to avoid evidence being used against you unfairly. We also need to confirm to the court which expert witnesses will be used for the defence. Also on occasion when unrepresented the court may impose bail conditions to prevent clients driving until the next hearing. By having our representative at court we can strenuously oppose these bail conditions so you can continue driving.
Can I choose a more senior lawyer to represent me?
You may choose the seniority of the lawyer who deals with your case. There is more information about this on the fees page of the website in the section titled 'choosing your level of service'. After reviewing the benefits of having a more senior lawyer you should contact the office before the hearing to confirm your preference. Once you have made your choice we will then confirm the booking.
When will I find out who will represent me at court
You may contact the office a week or so before the hearing for the name of the representative.
Will the representative contact me before the first hearing
We routinely we ask all of our representatives to make a courtesy call to clients a day or so before the first hearing to arrange a time to meet at court and introduce themselves. It is not possible to guarantee the courtesy call will happen as we deal with many lawyers around the country and they may have court or police station commitments at short notice which make this impractical. However, please rest assured that if we have confirmed the booking the representative will be fully briefed with the legal arguments in your case and there will be time before the court deals with the case to ask your representative any questions and discuss the best way forward.
What time should I attend court and what should I wear?
You will have been given a time to attend court on the charge sheet or the postal requisition. The cases will start to be called into court around 30 minutes later. The court ushers will decide which order the cases are dealt with. Formal wear is always the best choice to create the right impression and helps to show due respect to the court which may be reciprocated when it comes to making their decision.
Why does my representative at court ask the same questions I've already been through with the original lawyer?
Although you will been given advice from the original lawyer it is normal for the representative to spend some time with you at court going through the evidence and instructions again. This is something that all lawyers do. It can appear that the representative does not know about the case. Rest assured that your representative is simply following what is common practice for lawyers.
I'm at court and the advice from the representative is different from the advice by the original lawyer. What should I do?
No two lawyers will necessarily agree! You should contact us immediately before your case is called into court in the unlikely event the advice of the representative is different from the advice given from the original lawyer or the representative is not approaching the case in the way you were expecting. This will allow us the opportunity to resolve any issues with the representative and fix matters before it is too late.
What happens at the first hearing when I plead not guilty
On the day of the first hearing your case will be called into court and you be asked to confirm your name and address and your not guilty plea. Our representative will explain to the court what the case is about and ask for police video footage and documentation to be sent to our office within 28 days. Your case will then be adjourned to allow time to prepare your defence and consider asking the prosecution to discontinue the charges. You will be able to continue driving assuming there are no bail conditions and you have a full driving licence.
5. How our fees operate
How much do I pay for representation?
We operate fixed fees for representation and fixed fee for case preparation. The fixed fees apply to each hearing on a ‘pay as you go’ basis. This means the quicker the case is resolved the cheaper the process. See the fees page on our website for more details.
What is the total cost?
We charge fixed fees for each hearing so the total cost depends on the number of hearings. The minimum number of hearings necessary to deal with the case is one hearing for a guilty plea and two hearings for a not guilty plea if there is a trial. See our fees page for more information.
Are there any hidden fees?
All fees are set out on our website and our welcome pack.
Where can I find out more information about your fees?
We have a fees page on our website dedicated to making sure you are fully aware of legal fees.
What are the levels of service?
This refers to the seniority of the representative at court. Our website fees page has a quick comparison between levels of service.
My case has been adjourned. What do you charge for the next hearing?
We charge a separate preparation fee and representation fee for the next hearing. However we offer payment plans on request and if charges are discontinued 7 days or more before the next hearing you will not have to pay for the representation fee.
Why do I have to pay for the next hearing? Hasn’t the work already been done?
We continue to have care and conduct of your case after each hearing and are required to carry out case preparation including file reviews, case updates and dealing with correspondence from other parties to the case including the prosecution and comply with court directions.
Why do I have to pay fees before work is done on my case?
Solicitors routinely ask for payment on account for work to continue. After each hearing we will review the case which is chargeable work but we will require payment before undertaking any further steps.
Do the fees include experts fees?
Medical reports and scientific reports are optional for which we provide estimates separately
Are travel expenses included in the legal fees?
The firm may charge a fixed travel allowance for the representative to attend court. We will not know how much this is until the representative has been booked.
Who pays for the expert to attend court?
If it is necessary for the expert to attend Court they will claim their fees for attending from the Court. We may ask for payment on account to cover these fees in the event the Court refuses to authorise their costs which tends to be the exception. More information can be found on our website and our welcome pack.
Are there any circumstances where the fixed fees change?
There may be limited availability for lawyers at bronze rates in some locations. In this case there may be additional fees around £200 to £400 or we may offer a silver or platinum level lawyer at applicable rates.
I have been given a discount. Are there any terms attached?
Waiver agreements stipulate that a reasonable service has been provided and costs information is accepted to minimise scope for dispute.
I have been given a payment plan with a deferment agreement? What does this mean
Deferment agreements stipulate that a reasonable service has been provided and costs information is accepted to minimise scope for dispute.
Can I claim back legal fees if I am successful?
If we successfully defend your case we may ask for a defence costs order which will reimburse a proportion if not all your legal fees. This is claimed back at an hourly rate under Government rules.
Is there a charge to claim back my fees
There is a small charge for the firm to deal with the claim and costs draughtsman's fees may be charged for the preparation of the claim form.
Can I claim back loss of earnings and out of pocket expenses?
Yes you may claim these separately. You should contact the court directly to submit your claim.
What happens if you start work on my case and I change my mind about representation?
If we have carried out case preparation the preparation fees are chargeable. If cancellation is within 7 days of the hearing the representation fee may be chargeable.
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DDS is a trading name of National Lawyer Services, a firm of Solicitors of England and Wales, regulated by the Solicitors Regulation Authority SRA499283.
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